Beruflich Dokumente
Kultur Dokumente
Castro
A.C. No. 2756, March 15, 1988
Facts:
Acting on the "Petition for Redress and Exoneration and for Voluntary
Inhibition" filed by respondent Benjamin M. Grecia himself, dated February 8,
1988, praying that the decision of November 12, 1987, and the resolution of
the denial of the motion for reconsideration of the said decision be set aside
and a new one entered by this Court dismissing the administrative complaint
and exonerating the respondent, the Court RESOLVED (1) the EXPUNGE said
Petition, it being in the nature of a second motion for reconsideration filed
without leave of Court, besides the fact that the first motion for
reconsideration filed by the same respondent had already been denied with
finality on January 12, 1988; (2) to STRIKE OUT Annex "1" of the Petition and
its exclosures, Annex "1" being a xerox copy of a letter dated 04 August 1986
written by Judge Dionisio N. Capistrano to an unknown addressee, for being
immaterial and impertinent to this case for disbarment (Sec. 5, Rule 9, Rules
of Court). The Court will not allow the filing of such kinds of Petitions/Annexes
that are not only irrelevant to the issue and presented out of time as
hereinafter explained, but are also scurrilous and defamatory.
Issue:
1. Whether or not the Courts decision is violative of the 1987 Constitution
due to lack of certification by the Chief Justice that the conclusions of the
Court were reached in consultation before the case was assigned to a
member for the writing of the opinion of the Court, is bereft of basis.
2. Whether or not a constitutional provision was disregarded in the Courts
Minute Resolution.
Ruling:
The certification requirement refers to decisions in judicial, not
administrative cases. From the very beginning, resolutions/decisions of the