Case Digest: Vercide vs Hernandez AM No MTJ-00-1265
Valencides Vercide vs Judge Priscilla Hernandez AM No. MTJ-00-1265 April 6, 2000 Judge Hernandez was charges for grave abuse of authority and ignorance of the law for her dismissal of a case which complainant Vericde filed against Galleros for recovery of possession of land. The land is located in Upper Centro, Tudela, Misamis Occidental. Defendant Galleros is a resident of the same municipality while complainant are residents of Dipolog City. Because of this fact, the case was filed in court without prior referral to the Lupong Tagapamayapa. Issue: 1. Whether or not the lupon has jurisdiction in this case? 2. Whether or not Judge Hernandez is guilty of grave abuse of authority and ignorance of the law? Ruling: 1. No, under Sec. 408 of RA 7160: “The lupon shall have authority to bring together the parties actually residing in the same city or municipality for amicable settlement…” and Sec. 408 (f) and Sec. 2, Rul