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Moslemen Macarambon who?

Posted by: Alecks P. Pabico | November 1, 2007 at 5:43 pm
Filed under: Comelec Watch, Governance, In the News

FACING criticisms for his appointment to the Commission on Elections, newly named Commissioner Moslemen Macarambon has appealed to critics to give him a chance to serve in the poll body.

Macarambon is the presiding judge of the Regional Trial Court Branch 04 in Iligan City. Logging some 30 years in the judiciary, he also served as presiding judge of RTC branches in Malabang, Lanao del Sur and Lanao del Norte.

But beyond those credentials, Macarambon is a virtual unknown, which has only cast suspicions on his appointment to the Comelec. This, despite reports saying he was nominated by former Supreme Court Chief Justice Hilario Davide. As erstwhile presidential adviser on electoral reforms, Davide recommended thoroughgoing reforms in the electoral system, which include filling up the present vacancies in the poll body with people of known integrity and competence. His earlier recommendee was Rene Sarmiento, whose appointment was generally regarded as a positive development.

Can the same be said of Moslemen Macarambon’s designation as election commissioner? With scant information available about the man, there is admittedly little to go by to ascertain his integrity, credibility, independence and competence. Interestingly though, the PCIJ’s Internet search of “Moslemen Macarambon” provided a link to a Supreme Court resolution that could possibly help enlighten the clueless public on the new poll commissioner’s character.

The Supreme Court’s November 24, 1999 resolution (copy of which can also be accessed here) involved a civil case filed by Macarambon, who was at the time the presiding judge of the RTC, Branch 11 of Malabang, Lanao del Sur, against the Trans-Asia Shipping Lines, an inter-island shipping company.

We leave it to readers to make their own conclusions:

[G.R. No. 138143. November 24, 1999]
TRANS-ASIA SHIPPING LINES vs. HON. MACARAMBON

FIRST DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated NOV 24,1999.

G. R. No. 138143 (TRANS-ASIA SHIPPING LINES, INC. vs. HON. MOSLEMEN MACARAMBON, in his capacity as the Presiding Judge of the RTC, Branch 11 of Malabang, Lanao del Sur, et. al.)

On April 28, 1999, Trans-Asia Shipping Lines, Inc. (Trans-Asia) 1 It is a corporation engaged in inter-island shipping with principal office at Trans-Asia Building, Cors. M. J. Cuenco Avenue, Cebu City filed with this Court a petition for change of venue of Civil Case No. 11-140 2 Pending before Branch 11, Regional Trial Court, Malabang, Lanao del Sur, Judge Moslemen Macarambon, presiding. filed against it by private respondent Sonny Ambrosi Macarambon. Petitioner further prays that public respondent Judge Moslemen T. Macarambon be permanently enjoined from acting on the civil case.

On September 4, 1998, Judge Moslemen Macarambon and Sonny Ambrosi Macarambon boarded one of petitioner’s vessels, MV Asia-Brunei, at the port of Cebu bound for Malabang, Lanao del Sur. However, they were not accommodated in the vessel’s ambassador suite as this was previously booked. The original ship that the father and son were supposed to board was denied clearance at the port of Cebu and the replacement vessel had a smaller capacity. Hence, not all the passengers booked were accommodated thereat.

Trans-Asia, through its legal officer, apologized for the inconvenience and informed respondents that if the offered accommodation would not be acceptable to them, petitioner would be willing to refund the ticket. Despite the offer, Judge Moslemen Macarambon became furious and expressed his intention to bring the matter to court. Brandishing his calling card to petitioner’s employee, respondent judge said: “You know I am a judge. You should have accommodated me first.” 3 Rollo, p. 6. Respondents immediately disembarked from the vessel.

Petitioner’s attempt to reach an amicable settlement with respondents failed because the latter demanded big amounts. Respondents Judge Moslemen Macarambon and Sonny Ambrosi Macarambon demanded one hundred fifty thousand (P150,000.00) pesos and one hundred thousand (P100,000.00) pesos, respectively.

On January 27, 1999, respondent Sonny Ambrosi Macarambon filed with Regional Trial Court, Malabang. Lanao del Sur, Branch 11, a civil action against petitioner Trans-Asia, for breach of contract and damages. 4 Docketed as Civil Case No. 11-140.

On September 1, 1999, this Court issued a resolution 5 Resolution, Rollo, pp. 57-58. granting the petition for change of venue and authorizing Executive Judge Noli T. Catli, Regional Trial Court, Cagayan de Oro City, to raffle the case among the regional trial court branches thereat. We ordered respondent judge to explain, within ten (10) days from receipt of notice, why he took cognizance of the civil case despite the fact that it involved his son Sonny Ambrosi Macarambon, and it arose out of an incident in which he was personally involved, as well as to comment on the report of petitioner regarding his unjudicial conduct in that incident.

Earlier, on August 23, 1999, respondent Sonny Ambrosi Macarambon executed a “Quitclaim, Release and Waiver” in favor of petitioner. Trans-Asia and Sonny Ambrosi Macarambon immediately filed with the trial court a joint motion to dismiss, submitting a copy of the quitclaim and waiver for approval of the court. On the same date, respondent judge approved the waiver and dismissed the case. 6 Regional Trial Court Decision, Rollo, p. 68.

On September 14, 1999, petitioner filed with this Court a manifestation 7 Manifestation, Rollo, pp. 59-60. praying for the dismissal of the petition for change of venue because Civil Case No. 11-140 had been dismissed by the trial court.

We deny petitioner’s prayer for dismissal of the petition for change of venue. We set aside the August 23, 1999 decision of respondent judge in Civil Case No. 11-140. Under Rule 137, Section 1 of the Rules of Court, respondent judge is disqualified to sit in any case in which his child is pecuniarily interested or in which he is related to either party within the sixth degree of consanguinity. Sonny Ambrosi Macarambon, the plaintiff in the civil case pending before the trial court is son of respondent judge.

WHEREFORE, the trial court’s. August 23, 1999 decision in Civil Case No 11-140 is SET ASIDE and this Court’s resolution of September 1, 1999 is reiterated, directing the transfer of Civil Case No. 11-140 to the Regional Trial Court, Cagayan de Oro City. Let copies of the quitclaim, release and waiver, as well as the joint motion to dismiss filed by the parties before the Regional Trial Court, Malabang, Lanao del Sur, Branch 11, be forwarded to the proper branch of the Regional Trial Court, Cagayan de Oro City, where Civil Case No. 11-140 was raffled.

Very truly yours,

(Sgd.) VIRGINIA ANCHETA-SORIANO
Clerk of Court



14 people have left comments

Who should be the TIME Person of the Year (for the Philippines) ?

TIME’s Person of the Year is the person or persons who most affected the news and our lives, for good or for ill, and embodies what was important about the year.

Who do you think fit’s the bill this year for the Philippines?

1)Gloria Macapagal Arroyo
2)Joseph “Erap”Estrada
3)Joey De Venecia
4)Joe De Venecia
5)Ronaldo Puno
6)Manny Pacquiao
7) Jovito Palparan
8)Genuine Opposition
9)Jarius Bondoc
10)YOU

The Equalizer wrote on November 3, 2007 - 7:22 am | Visit Link

last time i checked our book on Philippine Culture, the term delicadeza was no longer found. although online Wikipedia has it.

….i guess, it (delicadeza) never really existed especially among government people…

baycas wrote on November 3, 2007 - 7:47 am | Visit Link

while it’s good that we have a Mindanaoan Comelec commissioner, can he really restore the credibility of the Comelec? Some say he’s credible and independent… but why he can’t clean up the mess (first) on his own backyard before shooting to for the stars?

kitoyski wrote on November 3, 2007 - 10:01 am | Visit Link

CORRECTION ON last line:

while it’s good that we have a Mindanaoan Comelec commissioner, can he really restore the credibility of the Comelec? Some say he’s credible and independent… but why he can’t clean up the mess (first) on his own backyard before shooting for the stars?

kitoyski wrote on November 3, 2007 - 10:03 am | Visit Link

I hate myself for saying this but I think the Time Persons of the Year should be us (the Filipinos) because there are about 80 million of us who allow corruption to flourish. This should be a Guinness record as well.

Delicadeza no longer exists. Corruption took over.

Oh boy, I’m surprised the young Filipinos haven’t started killing each other in the Sangguniang Katangahan elections…well, give it time.

Anak ng tipaklong, Lintang Bedol, Garci, Moslemen Macarambon…sa pangalan na lang eh….

“Moslemen, I’d like to see your credentials because you can’t speak good English and I just wanna make sure your diploma is not from the Philippines.”

ryebosco wrote on November 3, 2007 - 11:12 am | Visit Link

[...] team blog Philippine Center for Investigative Journalism is unimpressed: Macarambon is a virtual unknown, which has only cast suspicions on his appointment to the Comelec. [...]

Global Voices Online » Philippines: Issues raised over President’s appointment of new poll official wrote on November 3, 2007 - 12:36 pm | Visit Link

[...] team blog Philippine Center for Investigative Journalism is unimpressed: Macarambon is a virtual unknown, which has only cast suspicions on his appointment to the Comelec. [...]

tonyocruz.com » Philippines: Issues raised over Arroyo’s appointment of Macarambon wrote on November 3, 2007 - 1:00 pm | Visit Link

[...] I have to be fair and balanced in giving my views. I owe that to my readers. But PCIJ’s assertion that the appointment is dubious because Macarambon is a “virtual unknown” is plain [...]

Alleba Politics » Blog Archive » Does Being an Unknown Make You a Bad Person? wrote on November 3, 2007 - 1:31 pm | Visit Link

Re: Alleba Politics » Blog Archive » Does Being an Unknown Make You a Bad Person?

We did not say the appointment is dubious. We said because Macarambon is a virtual unknown, it has cast suspicions on his appointment to the Comelec.

And it’s also not true that we said he should be doubted because an “internet search yielded no relevant results (and) is a sign of incompetence and irresponsibility” (that’s your own conclusion). On the contrary, we stumbled upon an online link to a case he filed then against a shipping company, a reading of which we found revealing of the man’s character. Even then, we never concluded anything.

Alecks P. Pabico wrote on November 3, 2007 - 1:43 pm | Visit Link

we have to accept it.. no body i mean no body in this age of philippine politics deserve the benefit of the doubt.. every official will be seen with doubtful eyes of the poor, ignorant filipino… if these officials cannot accept this fact.. better stay in your private little life… all public officials are morons anyway

goimon wrote on November 3, 2007 - 4:55 pm | Visit Link

I really don’t have anything against the newly appointed Comelec Chairman Muslim Mandarambong. Oh, pardon, that was MOSLEMEN MACARAMBONG.

I used to believe that the Philippine political system is immature, like a baby. Maybe there will come a time it will grow up to some kind of ideal government, the best. But I just realized this will never happen because that baby I am referring to is now an adult who thinks like a baby, childish, actually never wanted to grow up.

Look at the electoral system. Despite the very high technology and available resources, what do we have here? Indelible inks, long queue, missing names, flying voters, ballot boxes, teachers in danger, blackboards and chalks, piracy-prone papers, wasteful and dirty campaign…what else can I say, perhaps this list may never end.

What I really wanna say is that all these problems have solutions. But people who benefit from such traditional, or shall I say caveman’s electoral system, would rather keep it that way. After all, why would they change a system they have already perfected, something they’re used to. It will be their worst nightmare, downfall.

On the other hand, here we are, the generation X Y Z to the Nth, hoping for some electoral reforms by evicting a Comelec Chairman and waiting for someone who will be appointed by the amazing President, someone who may be the opposite of the dumped Chairman.

To our surprise, or could be worst - dismay, she wants someone who ought to be on board via the ambassador suite? Someone who would do anything in his vested power to get the justice for being in a vessel with a smaller capacity.

Maybe Judge Macarambon can change the electoral system , the government and its amusing politicians. Just maybe. Who knows? Everyone can change for the better. Even convicted criminals can have a ‘change of heart’. However, this time what this country really need is not a Judge but someone who can save it from crushing to bloody hell. :(

jlagman17 wrote on November 3, 2007 - 9:33 pm | Visit Link

i think the bottom line here is…how much trust or do we still trust this government? especially in terms of appointing an official to any post in the government?

kitoyski wrote on November 3, 2007 - 11:35 pm | Visit Link

i think we discussed the said SC resolution in our Legal Ethics class…. if this newly appointed commisioner cannot follow the very basic of ethical rules for judges which even law students like me know by heart..HOW CAN WE EXPECT HIM TO BE ETHICAL ONCE HE IS CONFIRMED… hello? hello garci?

goimon wrote on November 7, 2007 - 1:52 pm | Visit Link

still on the JUDGE who recently has taken his oath as comelec commissioner:

SC Twice Ruled Against New Comelec Exec

baycas wrote on November 10, 2007 - 6:26 am | Visit Link

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