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Spouses Antonio and Elsa Fortuna vs Judge Ma. Nimfa Penaco-Sitaca and Roy P. Murallon

SPOUSES ANTONIO and ELSA FORTUNA, complainants, vs. JUDGE MA. NIMFA PENACO-SITACA and ROY P. MURALLON, Branch Clerk of Court, RTC, Branch 35, Ozamis City, respondents.

A.M. No. RTJ-01-1633 | 2001-06-19

D E C I S I O N

YNARES-SANTIAGO, J.:

On September 27, 1999, the Office of the Chief Justice received a letter-complaint from the Spouses Antonio and Elsa Fortuna, charging Judge Nimfa Penaco-Sitaca and Branch Clerk of Court Rey P. Murallon of alleged partiality, abuse of discretion and negligence in connection with Criminal Case No. RTC-1503 entitled, "People of the Philippines v. Dunhill Palomares," for Murder.

The letter-complaint was referred to the Office of the Court Administrator (OCA) for evaluation, report and recommendation. The OCA directed both respondents to file their respective comments on the letter complaint.

Respondent...