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Balagtas vs Sarmiento

MERIAM BALAGTAS, Complainant, versus OLEGARIO R. SARMIENTO, JR., Judge, MTCC, Branch 2 Cebu City, Respondent.

A.M. No. MTJ-01-1377 (Formerly OCA-IPI-99-650-MTJ) | 2004-06-17

D E C I S I O N


Tinga, J.:



The essence of due process is the right to be heard. Therefore, every motion which may prejudice the rights of a party should be set for hearing. The intendment of the law will never be achieved if notice is not served, such as in this case.



On November 27, 1998, the Office of the Court Administrator (OCA) received the sworn Letter-Complaint[1] of Ms. Meriam Balagtas (Balagtas) dated November 11, 1998 accusing Judge Olegario R. Sarmiento, Jr., MTCC, Branch 2, Cebu City, of knowingly rendering an unjust interlocutory order, gross ignorance of the law and serious irregularities in the performance of...