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Makati judge under Miriam fire for P1B pay delay to Comelec

10/03/2008

Makati Regional Trial Court Branch 59 Judge Winlove Dumayas, already under fire related to an administrative case filed against him two weeks ago for knowingly rendering an unjust judgment and failure to exercise the required judicial diligence to ascertain facts and applicable laws, as contained in a complaint, is under more fire from Sen. Miriam Defensor-Santiago.

Santiago yesterday questioned the same Judge Dumayas for giving due course to a petition which will delay the payment of some P1 billion to the Commission on Elections (Comelec).

During the Comelec budget hearing, Santiago learned that Judge Dumayas gave due course to a petition from Mega-Pacific eSolutions Inc. which was involved in the anomalous computerization program of the poll body which results in delaying the payment to the poll body.

Santiago said Dumayas’ move will delay the refund to the Comelec of some P1 billion for the rejection of automated counting machines.

“The Supreme Court decision has become final and executory. It is unusual for a mere trial judge in effect to grant a motion for reconsideration from a Supreme Court decision which has already become final,” she stressed.

Dumayas, also earlier in the administrative complaint against him was accused of having gone against the Court of Appeals decision which already upheld Dumayas initial decision. Dumayas, however, junked his own decision and favored the other party, then junked this party to favor the first party and again reversing his own rulings.

Dumayas is also the same Makati judge who convicted Tribune publisher and editor-in-chief Ninez Cacho Olivares for libel,

sentencing here to close to three months in jail and ordering her to pay P5 million plus P30,000 lawyer fees to the Firm.

The case in on appeal.

Olivares is also preparing an administrative case against Dumayas, for ignorance of the law, among other charges. There were at least 17 points raised against Dumayas by Olivares on account of his decision convicting her on libel even when malice was not proved.

Supreme Court chief Justice Puno the other day ordered the Court Administrator, Jose Perez, to probe the case against Dumayas and for Perez’ appropriate action on the case filed by complainant Felix Co.

A copy of the complaint was also sent to the Judicial Bar and Council, which screens applicants for the Court of Appeals vacancies, among other judicial candidates.

Santiago directed Comelec Chairman Jose Melo to take legal steps to collect some P260 million from Philippine MultiMedia Systems, for a similarly voided contract.

“People who appeared to have defrauded the Comelec in effect are getting away with Comelec money, which the courts have rendered final and executory. Those suppliers must be very influential,” she said.

Dumayas, who is the executive judge in Makati’s Regional Courts, was sued by Co over the “strange” and “contradictory” orders issued by Dumayas.

The Makati RTC judge approved a compromise agreement between two warring parties, Co and William Tieng, which agreement mandated the parties to dismiss their cases against each other. Violations of the conditions of the agreement gave the innocent party the right to suspend whatever obligations he had under the agreement.

There was a violation which was brought before the court. Dumayas approved it. On a motion for reconsideration from Tieng, the other party, Dumayas quickly approved the MR, thus going against his earlier ruling. This occurred many times in the sala of Dumayas. Another complaint arises, and he grants one party his petition, then reverses again his order when the other party seeks a motion for reconsideration.

The Supreme Court, as well as the Court of Appeals, reportedly wants to cleanse the judiciary of corrupt and incompetent judges and justices, following the scandal that wracked the CA recently, which saw one CA justice thrown out of the bench, and suspension of another justice, along with admonitions on other justices.