This case has been cited 2 times or more.
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2006-07-17 |
YNARES-SANTIAGO, J. |
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| The filing of the instant administrative case against respondent judge is precipitate and premature. We note that simultaneous with the filing of this administrative complaint, an Urgent Motion to Dismiss (With Opposition to the Application of Preliminary Injunction with Motion to Lift Temporary Restraining Order) was filed by complainant. An administrative complaint against a judge cannot be pursued simultaneously with the judicial remedies accorded to parties aggrieved by his erroneous order or judgment. Administrative remedies are neither alternative nor cumulative to judicial review where such review is available to aggrieved parties and the same has not yet been resolved with finality. For until there is a final declaration by the appellate court that the challenged order or judgment is manifestly erroneous, there will be no basis to conclude whether respondent judge is administratively liable.[2] | |||||
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2006-03-10 |
CARPIO, J. |
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| Neither should the Court's dismissal of the administrative complaint against Judge Lacurom for being premature impel us to dismiss this complaint. Judge Lacurom's orders in Civil Case No. 2836 could not be the subject of an administrative complaint against him while a petition for certiorari assailing the same orders is pending with an appellate court. Administrative remedies are neither alternative nor cumulative to judicial review where such review is available to the aggrieved parties and the same has not been resolved with finality. Until there is a final declaration that the challenged order or judgment is manifestly erroneous, there will be no basis to conclude whether the judge is administratively liable.[37] | |||||