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Atty. Raul H. Sesbreno Vs. Judge Ireneo L. Gako, Jr. et al.

ATTY. RAUL H. SESBRE?O, Complainant, versus JUDGE IRENEO L. GAKO, JR., Judge, Regional Trial Court (RTC), Branch 5, Cebu City, and MANUEL G. NOLLORA, Clerk of Court, RTC, Br. 5, Cebu City, Respondents.

A.M. No. RTJ-08-2144 (Formerly OCA IPI No. 06-2417-RTJ) | 2008-11-03

D E C I S I O N


LEONARDO-DE CASTRO, J.:

This administrative case against Judge Ireneo L. Gako, Jr. and Clerk of Court Manuel G. Nollora, both of the Regional Trial Court (RTC), Branch 5, Cebu City, stemmed from a complaint[1] filed by Atty. Raul H. Sesbreño charging Judge Gako with (a) violation of Rule 3.05, Canon 3, in relation to Rule 1.02, Canon 2 of the Code of Judicial Conduct for his delay in resolving a Motion for Reconsideration filed in Special Proceedings No. 916-R entitled "Intestate Estate of Vito Borromeo," (b) violation of Canon 2 of the said Code for acting on the said case after he had recused himself from the...