ESTHER P.
MAGLEO vs. PRESIDING JUDGE ROWENA DE JUAN-QUINAGORAN and BRANCH CLERK OF COURT
ATTY. ADONIS LAURE, BOTH OF BRANCH 166, REGIONAL TRIAL COURT, PASIG CITY, A.M.
No. RTJ-12-2336 (Formerly A.M. OCA-IPl No. 11-3695-RTJ), November 12, 2014
“x x x.
Claim of
Violation of the Code of Judicial Conduct for not serving the Notice of
Hearing.
In the February 2, 2011 Omnibus Order of respondent
judge, it was stated that the next scheduled hearing was on February 23,
2011.34 On the said date, however, respondent judge was on leave of absence due
to an illness. The Constancia, dated February 23, 2011, stated that the trial
was to resume on June 8, 2011.
Complainant asserts that she did not receive the
February 23, 2011 Constancia and, for said reason, she was not able to attend
the June 8, 2011 hearing. The respondents, however, were able to submit
numerous documentary proofs stating that complainant indeed received the notice
of hearing, to wit:
(1) Certified true copy of the subject Constancia,
dated February 23, 2011; together with the two return cards pasted on the back
thereof;
(2) the certified true copy of the court calendar for
June 8, 2011; and
(3) the Post Office Certification that complainant and
her counsel were notified about the said hearing date.
Between the bare allegations of complainant that she
did not receive the Constancia and the substantiated claim of the respondents
that the notices were served, the Court tends tobelieve the latter.Thus,
complainant has no acceptable excuse to be absent on the June 8, 2011 hearing.
Her failure to attend now seems to be a deliberate attempt to ignore such
important trial date and the consequences of her absence are attributable to
her alone.
X x x.”
