Judge de la Peña airs side on issue

Suspended acting Lapu-Lapu City Executive Judge and acting Branch 27 Regional Trial Court presiding judge, Jesus de la Peña explained yesterday that he is not stupid to issue court decisions if he knows that he is not clothed with legal authority to do so.

De la Peña said this in reaction to a statement made by Judge Geraldine Faith Econg, who has been tasked to preside over Branch 27, expressing concern over three cases decided by the former while he is allegedly under suspension.

De la Peña pointed out that when he rendered his decision on the three cases, he was not yet under suspension.

He explained to The Freeman, that on May 25, he received an order from the Supreme Court suspending him for six months for issuing an 'unjust judgment' in a civil suit. In that case, he lowered the damages awarded to Cebuano businessman, Emmanuel Aznar in a case he filed against Citibank from P20 million to P16.2 million.

A day after he received the Supreme Court order, de la Peña said he did not report for work, but on May 30, he filed a motion for reconsideration. Last July 5, he received an order from the Supreme Court en banc holding his suspension in abeyance.

By virtue of that order, he resumed working from July 6 until he went on leave last August 15.

On September 12, the Supreme Court en banc in its resolution ruled that its July 5 resolution was just an oversight, because it was the Supreme Court Third Division that has jurisdiction over de la Peña's case.

However, on September 28, de la Peña received an order from the highest court denying his motion for reconsideration, making his suspension effective. Therefore, his suspension only took effect on the 28th of September and not on May 25 as reported earlier.

De la Peña further explained that the decisions on the three cases - declaration of nullity of marriage, a homicide case, and a drug case - were all penned by him within the period from July 6 to September 28 when his suspension was still held in abeyance.

"All my actions are within the bounds of the law. It is not anomalous or irregular. My decisions on these three cases are binding and with legal effects," de la Peña said.

He also tagged Judge Econg as a liar, saying that he voluntarily relinquished his post when she assumed office last August 3 contrary to the statements of the former.

Econg, in an interview with The Freeman last night, refused to issue any further comments explaining that some of the cases penned by de la Peña have been submitted to her for resolution.

De la Peña is currently serving his suspension and is expected to be back on the bench on January 5, 2006. - Mitchelle P. Calipayan