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JurisprudenceA.M. No. RTJ-99-1446

A.M. No. RTJ-99-1446 - CONCERNED EMPLOYEES OF THE RTC OF DAGUPAN CITY, COMPLAINANTS, VS. JUDGE ERNA FALLORAN-ALIPOSA, IN HER CAPACITY AS PRESIDING JUDGE, REGIONAL TRIAL COURT, BRANCH 41, DAGUPAN CITY.D E C I S I O N - Supreme Court E-Library

En Banc

Cited Laws

RA 1RA 27RA 262RA 120RA 502RA 766RA 81RA 467RA 75RA 93RA 690RA 376RA 292RA 355RA 688RA 703RA 354RA 540RA 11RA 267
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Accordingly, some lawyers appeared in her court and gave said amounts to her. 7.] In one instance, respondent Judge, for a consideration, ordered the correction of an erroneously spelled name of an adopted child in the dispositive portion of the decision of the petition for adoption. Ms. Ever Mejia, Court Interpreter, alleged that - 1.] ....Respondent Judge Aliposa acts as the commissioner in all ex parte proceedings because of the fees which she collects. Depending upon the partys capabilities to pay, the commissioners fees range from P1,500.00 to P2,000.00. All must be paid in cash and handed to her before she conducts the proceedings. No money, no ex parte proceedings. Ex parte proceedings of at least three (3) to four (4) cases must be scheduled every week. She calls rich litigants every now and then to deliver anything for her depending on their capacity, e.g., from the Indian owner of Maya Emporium, she demanded a cassette recorder as well as clothes and clothing material from the Chinese owner of 'Ong King Kiam', who had cases in her court. In the case of Apolonia Air Philippines v. Spouses Claro Andal , defendants gave her the sum of P22,000.00 and won. 2.] ....In the case of Vice-Mayor Teodoro Manaois, respondent Judge demanded P80,000.00. After the said amount was delivered to her, the Vice Mayor won in the said case. 3.] ....When the pictures taken during the IBP Oath-taking, right after the dialogue with the Chief justice, were developed, judge Aliposa instructed Mejia to look for the photographer to get the pictures taken so she would monopolize the sale thereof. These pictures, if bought from the photographer cost P25.00 but judge Aliposa sold them for P50.00 instructing her staff to do the selling of the photographs. They, however, have no knowledge as to whether the photographer was actually paid for them. 4.] ....Judge Aliposa is very suspicious. She does not want her staff to talk to lawyers and litigants. If she catches any one talking with them, she immediately suspects that said person is selling the case. 5.] ....The telephone which was provided by the local government is being used personally by respondent Judge. Even during extreme emergencies respondent Judge would not allow her staff to use it and the same is padlocked inside her room. 6.] ....The private complainant in the case of People v. Luis Montilla is always inside the chambers of respondent judge. 7.] ....Respondent judge prohibited lawyers and litigants from entering her chambers except when they had something to give her. 8.] ....Respondent Judge reports for work at 11:00 a.m. on Mondays and would leave at 10:00 a.m. during Fridays. 9.] ....Respondent Judge asked for an allocation of P64,000.00 from the 1998 City Budget. Under the budget, she declared that their typewriters and air conditioners needed repairs. No repairs were, however, made as they defrayed the repair of the typewriters. The office supplies given by the local government never reached their