SEC. CORAZON ALMA G. DE LEON, D.S.W.D., COMPLAINANT, VS. JUDGE TROADIO C. UBAY-UBAY, MCTC, MANTICAO, MISAMIS ORIENTAL, RESPONDENT.

On March 28, 1994, Department of Social Work and Development
Secretary Corazon Alma G. de Leon filed a letter-complaint with the Office of
the Court Administrator (OCA) against Judge Troadio C. Ubay-ubay, MCTC,
Manticao, Misamis Oriental. Respondent
Judge, at that time, was hearing the adoption case of minor Jub Pagente
Espinosa filed by petitioner Juneto L. Uy under Special Proceedings No.
15. Complainant Secretary de Leon
stated that this is contrary to Batas Pambansa Blg. 129, Section 19, whereby
Special Proceedings are under the jurisdiction of the RTC and not the MCTC.

The OCA referred the matter to Judge Ubay-ubay for comment. In his comment, respondent Judge stated that
he had researched the issue of his lack of jurisdiction but that he “has
not come up with a concrete opinion” regarding the matter. However, he held in abeyance the resolution
of SP No. 15 until the issue of jurisdiction shall have been clarified.

Under Section 10, par. 7 of Batas Pambansa Blg. 129, “all
civil actions and special proceedings falling under the exclusive jurisdiction
of the Juvenile and Domestic Relations Court and of the Courts of Agrarian
Relations” are now under the exclusive original jurisdiction of the
Regional Trial Courts. The JDRC and the
CAR had been changed into Regional Trial Courts by virtue of the Reorganization
Act.

The alleged doubt of respondent judge is misplaced as the law is
very clear. He should have dismissed
the petition and ordered the parties to file the same with the proper court.

WHEREFORE, the Court hereby SEVERELY REPRIMANDS MCTC Judge
Troadio C. Ubay-ubay for his patent ignorance of the law on jurisdiction and
hereby orders him to DISMISS the petition for adoption filed by Juneto L. Uy
and to ADVISE the parties to file the same with the proper court.

SO ORDERED.

Feliciano, (Chairman), Melo, and
Vitug, JJ., concur.

Bidin, J., on leave.