Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated JUL 30 2003.

A.M. No. 01-1319-RTJ (Atty. Carlos L. Valdez, Jr. vs. Judge Monico G. Gabales.)

Atty. Carlos L. Valdez, Jr. charges Judge Monico G. Gabales, RTC-Br. 35, General Santos City, with Immorality, Corruption, Gross Ignorance of the Law, Bias and Partiality filed sometime in October 2001 (the exact date not being available from the records). The complaint alleges among others that respondent Judge is engaged in an illicit relationship with a married woman, an employee at the RTC-Br. 37, also of General Santos City, of which respondent is the Acting Presiding Judge; and, that it is a well-known fact in General Santos City that respondent completely delegates the preparation and writing of his orders and decisions to his Clerk of Court, Atty. Rene Valencia, and that respondent merely signs them, to the extent that Atty. Valencia is known as the de facto judge of the station.

This case was referred to the Executive Judge of the Regional Trial Court of General Santos City for investigation, report and recommendation within sixty (60) days from notice per Resolution dated 8 April 2003.

In a Motion for Reconsideration dated 27 May 2003 respondent Judge asks that the Resolution of 8 April 2003 be set aside and this case dismissed considering that the Complaint is not supported by affidavits of persons having personal knowledge of the facts therein alleged nor by supporting documents. Besides, this matter should have been referred to a Justice of the Court of Appeals since he is an RTC Judge; and, that Executive Judge Marivic Trabajo Daray cannot he expected to conduct an investigation of this case with impartiality and independence considering that she was acting presiding judge of RTC-Br. 35 of General Santos City immediately before respondent was appointed regular presiding judge thereat. Section 3, Rule 140 of the Rules of Court, as amended, provides -

Upon the filing of the respondent’s comment, or upon expiration of the time for filing the same and unless other pleadings or documents are required, the Court shall refer the matter to the Office of the Court Administrator for evaluation, report and recommendation or assign the case for investigation, report and recommendation to a retired member of the Supreme Court, if the respondent is a Justice of the Court of Appeals and Sandiganbayan, or to a Justice of the Court of Appeals, if the respondent is a Judge of a Regional Trial Court or of a special court of equivalent rank, or to a Judge of the Regional Trial Court if the respondent is a Judge of an inferior court (underscoring ours).

WHEREFORE, the Motion for Reconsideration filed by respondent Judge Monico G. Gabales, dated 27 May 2003 praying for the dismissal of this case against him is DENIED. Consequently, let this case be referred to Justice Noel G. Tijam of the Court of Appeals for investigation, report and recommendation within sixty (60) days from receipt of the records.

Executive Judge Marivic Trabajo Daray is DIRECTED to FORWARD the records of this case to Justice Noel G. Tijam of the Court of Appeals within ten (10) days from notice hereof.

The Notice of Appearance dated 29 May 2003 filed by Atty. John Tracy F. Cagas for respondent Judge is NOTED and his request that he be furnished copies of all court processes at his address at Ramon Magsaysay St., Digos City, Davao del Sur, is GRANTED.

SO ORDERED.

Very truly yours,

(Sgd.) TOMASITA B. MAGAY-DRIS

Clerk of Court