Quoted hereunder, for your information is a resolution of the Third Division of this Court dated 15 JANUARY 2007

RESOLUTION

A.M. OCA IPI No. 06-11-392-MeTC (Re: Allegation of "Fake Decisions" in the Metropolitan Trial Court, Manila by Ms. Melbarose R. Sasot).- Acting on the Report of the Office of the Court Administrator (OCA) dated November 17, 2006, as follows:

REASON FOR THE AGENDA: On June 21, 2006, the Office of the Court Administrator received, by way of an indorsement from the Office of the Chief Justice, the letter dated June 16, 2006 of Ms. Melbarose R. Sasot wherein she accused the Metropolitan Trial Courts of Manila of issuing "fake decisions" that led to the issuance of a warrant of arrest against her.

On July 25, 2006, the undersigned directed MeTC Executive Judge Ma. Theresa Dolores Estoesta to comment/report on the allegation raised by Ms. Sasot.

On August 18, 2006, Executive Judge Estoesta submitted her Report recommending the dismissal of the complaint. On September 5, 2006, Ms. Sasot requested for a copy of the Report and the same was granted by the undersigned. On October 23, 2006, the OCA received a copy of the rejoinder of Ms. Sasot.

BACKGROUND: In her June 21, 2006 letter, Ms. Sasot reveals that she has been in hiding for over a year because of a search warrant fraudulently issued against her.

Ms. Sasot claims her dilemma stems from two (2) criminal cases - Criminal Case No. 088436 (PP vs. Sasot, et al. Malicious Mischief) and Criminal Case No. 088437 (PP v. Rafael Padilla, et al. Slight Physical Injuries).

Criminal Case No. 088436 (where Sasot was the accused) was originally raffled to MeTC Branch 10, Manila, then presided by Judge Ed Vincent Albano. On the other hand, Criminal Case No. 088437 (where Sasot was the complainant) was originally raffled to MeTC Branch 12.

Criminal Case No. 088436 was consolidated with Criminal Case No. 088437. The cases were, however, re-raffled again and wound up at MeTC Branch 17.

The cases were tried jointly and separate decisions were issued by MeTC Branch 17 on June 10, 1992. Ms. Sasot was found guilty in Criminal Case No. 088436. Criminal Case No. 088437, which was initiated by Ms. Sasot against several accused, was dismissed.

Ms. Sasot appealed her conviction in Criminal Case No. 088436 but the same was affirmed at the RTC level.

Ms. Sasot claims the affirmation of her conviction at the RTC was tainted as the appellate court did not receive the full records of the case. Moreover, in a chance encounter with Judge Albano in Baguio City in February 1995, Ms. Sasot reveals that she was informed by the former that he did not inhibit himself from Criminal Case No. 088436 and that he actually acquitted her.

Digging into the records of the cases, Ms. Sasot claims she found notations of "dismissed without prejudice" on the face of the folder of Criminal Case No. 088436. The folder of Criminal Case No. 088437 also bore handwritten notations of"P40.00 fine plus costs."

Ms. Sasot thus advanced the belief that the decision in the two cases may have been interchanged; that she may [have] been acquitted in Criminal Case No. 088436.

On February 17, 2005, the private complainant in Criminal Case No. 088436 filed a Motion for Execution (payment of attorney's fees, etc.) of the June 10, 1992 decision where Sasot was found guilty. Ms. Sasot filed an Opposition to the Motion but the same was denied by MeTC Branch 17 Presiding Judge Germano D. Legaspi. As the decision of conviction had become final and executory, Judge Legaspi also issued a warrant of arrest against Ms. Sasot.

Ms. Sasot insists that there was an illegal transfer/consolidation of the subject criminal cases. She accuses the personnel and the judges of MeTC Branches 10, 12 and 17 of intentionally interchanging the verdicts in the said cases to create the impression that she was the one convicted.

EVALUATION AND RECOMMENDATION

Based on the documents and pleadings gathered by this Office, the allegation of "fake decisions" by Ms. Sasot amounts to a mere figment of the imagination.

The "handwritten notes" mentioned by Ms. Sasot do appear on the face of the folders of the subject criminal cases, as attested by Judge Estoesta. The notations however simply indicate the status of the cases and cannot overturn the decision rendered by the MeTC which decision was affirmed by the Court of Appeals.

Ms. Sasot was convicted of Malicious Mischief in Criminal Case No. 088436 at MeTC Branch 17 then presided by Judge Augustus Caesar Sangco. On appeal, the decision was affirmed by RTC Branch 34 Manila on January 31, 1994.

Ms. Sasot filed a Petition for Review with the Court of Appeals alleging that the decision made by the RTC was flawed as it did not receive the complete records of the case from the MeTC. In a decision dated March 28, 1996, the CA noted the allegation of Ms. Sasot and directed the RTC to render a new decision based on the complete records of the case.

In her letter, Ms. Sasot failed to inform the Court that on July 24, 1997, the RTC rendered a new decision based on the complete records of the case. The new decision nonetheless affirmed the judgment of conviction rendered by the MeTC.

Ms. Sasot raised the matter anew to the CA by way of a Petition for Review. The CA denied the petition on December 5, 2000.

Ms. Sasot elevated the matter to the Supreme Court by way [of] a Petition for Certiorari. On September 3, 2002, the Court denied the petition for its failure to "sufficiently show that the Court of Appeals committed any reversible error."

Criminal Case Nos. 088436 and 088437 were decided after 14 years of litigation. It thus comes as a surprise that only after Ms. Sasot was convicted with finality that she is alleging fraud.

Ms. Sasot's claim that she was acquitted by Judge Albano is loosely based on the "chanced encounter" she had with the judge. Yet when Judge Albano was called on the witness stand to testify during the hearing of the temporary restraining order sought by Ms. Sasot vis-a-vis the writ of execution filed at the MeTC, the retired judge failed to point out, much less recall, the alleged decision acquitting Ms. Sasot.

RECOMMENDATION: We respectfully submit for the consideration of the Honorable Court the recommendation that the allegation of "fake decisions" in the MeTC courts in Manila by Ms. Melbarose R. Sasot be DISMISSED for lack of merit.

We fully agree with the OCA's findings and recommendation.

It is settled that the burden of substantiating the charges in an administrative proceeding falls on the complainant,^[1] who must be able to prove the allegations with substantial evidence. The evidence presented should be competent and derived from direct knowledge,^[2] since charges based on mere suspicion and speculation cannot be given credence.^[3]

The instant administrative matter is DISMISSED for lack of merit.

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^[1] Cortes v. Agcaoili, 355 Phil. 848, 880 (1998), citing Lachica v. Flordeliza, 254 SCRA 278, 284 (1996).

^[2] Sierra v. Tiamson, A.M. No. RTJ-04-1847, July 21, 2004, 434 SCRA 560, 563.

^[3] See Lambino v. De Vera, 341 Phil. 62 (1997).