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(A.M. No. MTJ-11-1786) Diaz vs. Judge Gestopa Jr. (Digest)
(A.M. No. MTJ-11-1786) Diaz vs. Judge Gestopa Jr. (Digest)
Facts:
Felicisima R. Diaz, herein Complainant, filed on 27 April 2009 an unlawful detainer case
before the Municipal Trial Court of Naga, Cebu.
During the pre-trial conference, Judge Gestopa, herein respondent, recommended the case
for barangay conciliation, pursuant to Section 408 (g) of the Local Government Code.
Complainant's counsel objected and moved for mediation instead. However, respondent
judge insisted that he has the authority to refer it back to barangay for conciliation.
Complainant moved for reconsideration. She argued that the referral of the case to
the lupon is a violation of the Rules on Summary Procedure. The motion for reconsideration was
denied.
Dissatisfied, complainant filed an administrative complaint against Judge Gestopa for gross
ignorance of the law. The Office of the Court Administrator (OCA) found Judge Gestopa guilty of
gross ignorance of the law and procedure.
Issue:
Whether or not referral of the case to the Lupon for conciliation is a violation of the Rules on
Summary Procedure.
Ruling:
The referral of the unlawful detainer case to the Lupon for conciliation is a violation of the
Rules on Summary procedure. An action for unlawful detainer is covered by the Revised Rules on
Summary Procedure which provides a period within which judgment should be rendered. The
requirement of pre-trial conference is precisely for the purpose of giving room for a possible
amicable settlement.