THE Sword of Damocles hangs over the integrity of the sala of RTC Branch 26 Presiding Judge Felimon Montenegro after City Legal Officer Nelson S. Legacion during last Monday’s (July 11) hearing proferred his witnesses’ testimonies to show that there was impropriety committed when the judge handed down his decision ordering the eviction of the city government of Naga from the city hall compound in favor of the heirs of deceased landowner Jose Mariano, represented by Danilo David Mariano.

Montenegro in his decision handed down last June 20, 2005 ordered for the eviction of the city government and other government instrumentalities situated in the contested land, including the forfeiture of all improvements, buildings and structures. The order also sought for the payment of the amount of P2.5 million per month as rental from Nov. 30, 2003 until such time that city hall has vacated the subject property.

In the previous hearing, last July 8, Atty. Legacion presented for hearing his twin motion for inhibition and new trial, but which was turned down, denying him in the process from presenting his adverse witnesses to prove that there was impropriety committed in the June 20 decision that caught the whole city in surprise.

Right there and then, Legacion complained of gross violation by the judge of the defendant-appellee’s right to compulsory process and accused him of wilfully suppressing the testimony of his witness that allegedly constituted evidence against Judge Montenegro which may be ground for his inhibition from the case.

In last Monday’s hearing, despite the rebuffs he suffered from Judge Montenegro, Atty. Legacion in his manifestation and very urgent motion succeeded in calling for the application of the rule on suppression of evidence wherein he argued that clearly the suppression of the testimony of witness Ricardo Mejorado would have given rise to the presumption that if presented, Mejorado would have proven that he indeed fetched Judge Montenegro and two of his staff and “drove them to Vera Maris resort, Gubat, Sorsogon using Mr. Danilo Mariano’s car and, thereat, they met with Mr. Danilo David Mariano and his counsels.

Also in his urgent notion, Legacion proferred that another witness, Joshua Calleja of Dayangdang, Naga City, if allowed to testify would have declared that on June 29, 2005 at about 6:30 p.m. he was with Mejorado at corner Panganiban and Mayon avenues who admitted to him months before that he (Mejorado) had fetched Judge Montenegro and two of his staff and drove them to Gubat, Sorsogon where the judge met with Danilo David Mariano.

To further buttress his pooint, Legacion offered in evidence the following:
1) A letter copy furnished the Court Administrator and City Mayor Jesse Robredo wherein a certain Juan de la Cruz alleged that Judge Montenegro received a million pesos for rendering a decision in favor of the Marianos;

2) A letter by a “Concerned RTC Employee” which alleged that “Noong Nakaraang Abril, nagkita-kita po sila (si Judge, si Mr. Mariano, at mga abogado ni Mr. Mariano kasama ilan sa ibang staff) sa Vera Maris Resort sa Gubat, Sorsogon” (Last April, the judge, Mr. Mariano and his counsels, and some staff met at Vera Maris Resort in Gubat, Sorsogon). The same letter further claimed that a decision was hatched by the Judge Montenegro, Mariano and his counsels to favor the plaintiffs in the case. The same letter also alleged that part of the money paid to the judge was the proceeds from the sale of the parcel of land the Marianos own in Tinago, Naga City.

3) A copy of Deed of Absolute Sale dated June 23, 2005 for the aforementioned parcel of land in the amount of P1.4 million, notarized on the same date by a certain Atty. Marcelino Jomales.

Legacion also noted in his motion that Mejorado, the driver of the vehicle to Sorsogon, has a pending bigamy case before the sala of Judge Montenegro which fact was confirmed even by the Judge and his Clerk of Court during the hearing on July 8, 2005.

The city legal officer told the court that there is more than enough evidence as basis for the inhibition of the Presiding Judge, making the integrity of the judiciary at stake.

He further underscored that given the established fact, he can only conclude that Judge Montenegro has committed an impropriety and a violation of the Code of Judicial Conduct.

“As to the criminal aspect surrounding the instant case, we leave it to the determination of the appropriate government agencies,” Legacion stated.

He further underscored that the judge’s private meeting with the litigant in a resort alone already undermines the people’s faith and confidence in the judiciary.

In seeking for a new trial and Judge Montenegro’s inhibition, Legacion averred that if Montenegro’s decision is implemented, the government will lose probably more than a billion pesos worth of property, exclusive of the amount of rents city hall was also ordered to pay that would likewise reach another billion pesos.

He expressed fear that the decision will lead to the hemorrhaging of the funds or the bankruptcy of the local government to the grave detriment of the general public.