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CHAN ROBLES VIRTUAL LAW LIBRARY: PHILIPPINE SUPREME COURT DECISIONS ON-LINE
EMILIANO VELUZ vs. JUDGE RAUL V. BABARANA. M. No. MTJ-93-759 [ September 5 , 1997 ]CHAN ROBLES VIRTUAL LAW LIBRARY : PHILIPPINE SUPREME COURT DECISIONS ON-LINECHAN ROBLES AND ASSOCIATES LAW FIRM
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...JUDGE RAUL V. BABARAN ,
R E S O L U T I O NHERMOSISIMA , JR. , J. :This is an administrative complaint , filed by Emiliano Veluz against Judge Raul V. Babaran , former Presiding Judge of the Municipal Trial Court of Diffun , Quirino , which seeks the judge's dismissal from the service and his disbarment , upon the allegation that respondent judge acted with grave abuse of authority and/or ignorance of the law when he cited complainant for direct contempt of court through an order , dated November 21 , 1992 , [ 1 ] resulting in complainant's arrest and incarceration
Complainant Emiliano Veluz claimed ownership of an agricultural land , situated at La Paz , Saguday , Quirino , on the strength of TCT No. 6101 in his
name.In August , 1992 , he
had the property fenced allegedly to keep it from trespassers.As a consequence of the fencing , one Cristeta Pastor and others instituted on September 12 , 1992 an action for forcible entry and detainer against Veluz , docketed as Civil Case No. 307 , before the Municipal Trial Court of Diffun , Quirino , then presided over by respondent , claiming ownership of the land in question , per TCT No. T-3920 , which indicates that the land is situated in Luttuad , Quirino.At the hearing held on November 17 , 1992 , complainant challenged the jurisdiction of the court contending that the said land is within the territorial limits of Saguday , Quirino , an adjacent town.To resolve the issue of territorial jurisdiction , respondent ordered the relocation and ocular inspection of the land with the technical assistance of the Provincial Environment and Natural Resources Office [ PENRO ] , Bureau of Lands and the Register of Deeds.Ocular inspection was set on November 21 , 1992 , Complainant's counsel , Atty. Quirico Pilotin , when signifying that he
could not attend , was directed to send a representative.
Babaran, a brother of Judge Raul ...
Babaran, a brother of Judge Raul Babaran of the Cauayan City regional trial court, was a cousin of Transportation Undersecretary Thompson Lantion.