Republic of the Philippines SUPREME COURT OF THE PHILIPPINES
OFFICE OF THE COURT ADMINISTRATION
SAD AKO, Plaintiff,
ADMIN. CASE No. _______________
- versus –
FOR: Preliminary Mandatory Injunction
JUDGE JUSTINO AVENTURADO, Defendants.
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COMPLAINT
COMES NOW, plaintiff, Sad Ako, by counsel, and unto this Honorable Court, most
respectfully avers THAT:
1.
Plaintiff is a Filipino, of legal age, and residing at 12 Osaka St., Mati, Davao Oriental, where the may be served with summons, papers and other process of this Honorable Court;
2. Defendant is a Filipino, of legal age, married and with a residence at 57 Duga St., Liko, Davao Oriental where it may be served with summons, papers and other process of this Honorable Court; 3. Both parties have capacity to sue and to be sued; 4. Plaintiff herein is the accused in the Criminal Case No. 3958, which is pending before Regional Trial Court, Branch 5, Mati, Davao Oriental; 5. Defendant is the presiding judge in the Regional Trial Court, Branch 5, Mati, Davao Oriental where the criminal case was pending; 6. Defendant applied for optional retirement before the Office of the Court Administrator, who thereby conducted separate judicial audits on Branch 1 and Branch 2 of the Regional Trial Court in Tagum, Davao del Norte, and on Branch 5 of the Regional Trial Court in Mati, Davao Oriental, the courts in which he presided; 7. Consequently, after filing for optional retirement, defendant still has a pending case which were remain unacted, one of those were the case of plaintiff; 8. As a result, defendant requested for an extension up to February 20, 2009 for him to promulgate decisions resolved within the last week of January 2009; 9. Defendant, despite the request for extension of time still failed to decide and promulgate decisions in the case of plaintiff.
PRAYER
WHEREFORE, the above premises considered, it is respectfully prayed of this
Honorable Court after hearing on the merits, that:
a. Defendant be compelled to promulgate decision to the pending cases before his sala, including the case of the plaintiff within ten (10) days from receipt of this complaint;
b. Defendant be Disrobe, if within the time specified, he still fails to render decision;
c. Defendant bank be ordered to pay moral damages amounting to P50,000.00. Other reliefs just and equitable under the premises are likewise prayed for.
For the Plaintiff
By
ATTY. KRISTINE S. ANGELES KSA Law Firm, Suite 128, Landco Bldg., Calle Fabrica Street, Davao City PTR No. 1234567 10-12-2017 Davao City IBP No. 891011 5-8-2017 Davao City Roll No. 225412 MCLE Ex. No. 111-000748 3-14-2017 For 1st compliance
Republic of the Philippines ) Davao City )s.s x- - - - - - - - - - - - - - - - - - - - - - - -x VERIFICATION AND CERTIFICATION AGAINST FORUM-SHOPPING
I Sad Ako , Filipino, of legal age, and a resident of 12 Osaka St., Mati, Davao Oriental, after having been duly sworn to in accordance with law depose and say, THAT: That I am the Plaintiff in the above-entitled case; That I have caused the preparation of the above Complaint and I have read the same and knows the contents thereof; That the allegations contained therein are true and correct of my own personal knowledge. IN WITNESS WHEREOF, I have hereunto set our hand this 23 rd day of SEPTEMBER, 2017 at Davao City, Philippines.
SUBSCRIBED AND SWORN to before me this 23rd day of September, 2017, by Sad
Ako who exhibited to me his October 22, 2017.
Voter’s
WITNESS MY HAND AND SEAL. Doc. No. 0050; Page No. 003; Book No. 001; Series of 2017.
ID No. 3312 issued at Davao City, Philippines on
