THE PRESIDING JUDGE WAS PENALIZED
FOR referrING THE CASE BACK TO the barangay
FOR CONCILIATION DURING THE PRELIMINARY CONFERENCE, DESPITE THE MANIFESTATION
OF THE PLAINTIFF’S COUNSEL THAT THERE WAS ALREADY A PRIOR UNSUCCESSFUL BARANGAY
CONCILIATION AS SHOWN BY THE CERTIFICATE TO FILE ACTION. There was no
reason anymore to refer the case back to the barangay for the sole purpose of
amicable settlement, because Sections 7 and 8 of the rules of Summary Procedure
(RSP) provided already for such action. (FELICISIMA R.
DIAZ VS. JUDGE GERARDO E. GESTOPA, JR., MUNICIPAL TRIAL COURT, NAGA,
CEBU, A.M. NO. MTJ-11-1786, 22 JUNE 2011, PERALTA, J.).
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