[ Administrative Matter No. 1106-CFI. January 24, 1977 ] 166 Phil. 64
EN BANC
[ Administrative Matter No. 1106-CFI. January 24, 1977 ]
ARMANDO B. CLEDERA, COMPLAINANT, VS. DELFIN VIR. SUNGA, DISTRICT JUDGE, BRANCH I CFI, CAMARINES SUR, RESPONDENT. R E S O L U T I O N
MUÑOZ PALMA, J.:
Respondent Judge Delfin Vir. Sunga of the Court of First Instance of Camarines Sur, Branch I, was charged in a complaint filed by Atty. Armando B. Cledera with “dishonesty, partiality, abuse of authority, insubordination and falsification of official documents.” We required respondent to comment on the complaint and upon receipt of the same (pp. 41-45, rollo) the matter was referred to Justice Vicente Santiago, Jr. of the Court of Appeals for investigation, report and recommendation. (p. 118, rollo)
The Report of Justice Vicente Santiago, Jr. dated August 9, 1976 shows the following:
The case was set for hearing on several dates with notices to both complainant and respondent but the hearing could not proceed due to motions for postponement of Atty. Cledera on the ground of ill health, he having suffered mild strokes which resulted in paralysis of half of his body and confinement in a hospital. Sometime on August 6, 1976, respondent Judge filed with the Honorable Investigator a motion to dismiss the complaint for the reason that the complainant had died and was interred on July 10, 1976, thereby rendering the charges moot and academic. A certification on the death of Armando B. Cledera was submitted by respondent.
In view of the death of the complainant and there being no testimonial or documentary evidence submitted to substantiate the charges, the investigating Justice recommends the dismissal of this complaint.
PREMISES CONSIDERED, this administrative complaint is dismissed without prejudice however to its reinstatement by any other interested party.
So Ordered.
Teehankee, Barredo, Makasiar, Antonio, Aquino, Concepcion, Jr., and Martin, JJ., concur. Fernando, J. see concurring and dissenting opinion. Castro, C.J., concurs in J. Fernando’s concurring and dissenting opinion.