medina vs canoy
A.M. No. RTJ-11-2298 February 22, 2012
ATTY. RENE O. MEDINA and ATTY. CLARITO SERVILLAS, Complainants, vs.
JUDGE VICTOR A. CANOY, Regional Trial Court, Branch 29, Surigao City, Respondent.
FULL TEXT
facts:
In Civil Case No. 7077
On 30 June 2009, petitioner Zenia Pagels (Pagels) filed a Petition for Injunction with prayer for issuance of Preliminary Injunction, Temporary Restraining Order (TRO), Accounting, Damages and Attorney’s Fees against respondents Spouses Reynaldo and Racquel dela Cruz (respondent spouses). The case was raffled to Branch 30, where respondent judge was the acting presiding judge. After serving respondent spouses with the Summons, copy of the Petition and Notice of hearing, respondent judge conducted the hearing and granted the TRO on 2 July 2009. On 3 July 2009, the TRO was implemented resulting in the transfer of possession of the duly-licensed primary and elementary school and church from respondent spouses to Pagels.
In their Complaint dated 13 September 2010, complainants contend that respondent judge should be charged with gross ignorance of the law and procedure: (1) for disregarding the basic and elementary principle that TRO and preliminary injunction are improper remedies to transfer possession of one property to another whose title has not been clearly established; and (2) for failure to decide the Motion for Reconsideration within a period of 30 days as required by the rules and jurisprudence.
In Spec. Proc. No. 7101
complainants charge respondent judge of: (1) gross ignorance of procedure and undue interference in the administrative functions of the Bureau of Immigration by ordering the release of the expired passport of petitioner Noel, and by preparing the said Order outside of the court’s premises because it was not single-spaced and did not have a stamp by the Clerk of Court as received; and (2) violating Canon 1 of the Code of Judicial Conduct due to his friendly greeting to petitioner Noel and for acting as counsel for the latter by propounding questions on the respondents during their testimonies.
In Civil Case No. 7065
On 3 August 2009, defendant Philex-Lascogon Mining Corporation filed a Motion to Dismiss the Amended Complaint filed by plaintiffs Heirs of Alcaraz on the ground of lack of jurisdiction. The plaintiffs Heirs of Alcaraz submitted their Opposition dated 17 August 2009 and their 2nd Amended Complaint dated 26 August 2009. However, it was only on 20 September 2010 that respondent Judge issued an Order denying the Motion to Dismiss. Accordingly, complainants claim that respondent judge should be held guilty of gross inefficiency and of violating the Code of Judicial Conduct for his undue delay in resolving a simple Motion to Dismiss.
As their final charge, complainants aver that respondent judge is guilty of tardiness and inefficiency in trying cases before his branch. Complainants state that respondent judge usually starts the hearing between 9:45 a.m. and 10:00 a.m. in violation of the Supreme Court Circular.
In their Complaint dated 13 September 2010, complainants contend that respondent judge should be charged with gross ignorance of the law and procedure: (1) for disregarding the basic and elementary principle that TRO and preliminary injunction are improper remedies to transfer possession of one property to another whose title has not been clearly established; and (2) for failure to decide the Motion for Reconsideration within a period of 30 days as required by the rules and jurisprudence.
In Spec. Proc. No. 7101
complainants charge respondent judge of: (1) gross ignorance of procedure and undue interference in the administrative functions of the Bureau of Immigration by ordering the release of the expired passport of petitioner Noel, and by preparing the said Order outside of the court’s premises because it was not single-spaced and did not have a stamp by the Clerk of Court as received; and (2) violating Canon 1 of the Code of Judicial Conduct due to his friendly greeting to petitioner Noel and for acting as counsel for the latter by propounding questions on the respondents during their testimonies.
In Civil Case No. 7065
On 3 August 2009, defendant Philex-Lascogon Mining Corporation filed a Motion to Dismiss the Amended Complaint filed by plaintiffs Heirs of Alcaraz on the ground of lack of jurisdiction. The plaintiffs Heirs of Alcaraz submitted their Opposition dated 17 August 2009 and their 2nd Amended Complaint dated 26 August 2009. However, it was only on 20 September 2010 that respondent Judge issued an Order denying the Motion to Dismiss. Accordingly, complainants claim that respondent judge should be held guilty of gross inefficiency and of violating the Code of Judicial Conduct for his undue delay in resolving a simple Motion to Dismiss.
As their final charge, complainants aver that respondent judge is guilty of tardiness and inefficiency in trying cases before his branch. Complainants state that respondent judge usually starts the hearing between 9:45 a.m. and 10:00 a.m. in violation of the Supreme Court Circular.
Issue:
is the respondent judge liable for gross ignorance of the law.
Ruling:
yes. However, on the charge of gross ignorance of the law, we find respondent judge guilty of the charge.
Well-settled is the rule that an injunction cannot be issued to transfer possession or control of a property to another when the legal title is in dispute between the parties and the legal title has not been clearly established.2 In this case, respondent judge evidently disregarded this established doctrine applied in numerous cases when it granted the preliminary injunction in favor of Pagels whose legal title is disputed. When the law involved is simple and elementary, lack of conversance with it constitutes gross ignorance of the law.3 Gross ignorance of the law is the disregard of basic rules and settled jurisprudence.4
A judge may also be administratively liable if shown to have been motivated by bad faith, fraud, dishonesty or corruption in ignoring, contradicting or failing to apply settled law and jurisprudence.8 In the present case, the following compounded circumstances manifest bad faith on the part of respondent judge: (1) in his Comment with Counter-Charge, respondent judge states that he decided after the parties submitted their position papers, but his Order dated 11 August 2009 indicates that respondent spouses did not file their position paper and the hearing of the Affirmative Defense was still set on 18 August 2009; (2) respondent judge’s Order patently shows facts not entitling Pagels to the preliminary injunction but respondent judge still issued it; and (3) respondent judge did not require petitioner Pagels to put up a bond without sufficient justification or showing of exemption.
The error is magnified by respondent judge’s delay in resolving the Motion for Reconsideration through the following subsequent acts: (1) he set the hearing of the Motion for Reconsideration dated 1 September 2009 on 5 October 2009 contrary to the rule providing that the "hearing x x x must not be later than 10 days after the filing of the motion";9 (2) on 18 November 2009, respondent judge reset the hearing from 16 November 2009 to 12 March 2010; and (3) he failed to resolve the said Motion despite the non-filing of a responsive pleading to the Opposition on the Motion for Reconsideration considering that it is not an indispensable pleading for resolution and the rules provide that "a motion for reconsideration shall be resolved within thirty days from the time it is submitted for resolution."10
On the charge of violation of Canon 1 of the Code of Judicial Conduct, we find the same bereft of merit. A judge may properly intervene in the presentation of evidence to expedite and prevent unnecessary waste of time and clarify obscure and incomplete details in the course of the testimony of the witness.12 In City of Cebu v. Gako,13 the Court finds nothing irregular when respondent judge unduly arrogated unto himself the duty of a counsel by calling a witness to the stand and conducting the latter’s direct testimony even if the respective counsels were not interested or did not intend to present said person as their witness.
Here, the records show that respondent judge merely propounded questions to elicit relevant facts from the witness respondents. The Transcript of Stenographic Notes, by itself, was not sufficient to show bias or partiality. It has been held that the Court has to be shown acts or conduct of the judge clearly indicative of arbitrariness or prejudice before the latter can be branded the stigma of being biased and partial.14
On the charge of gross ignorance of procedure and undue interference in the administrative functions of the Bureau of Immigration, complainants failed to prove the charge with substantial evidence. In administrative proceedings, complainants have the burden of proving by substantial evidence the allegations in their complaints.15 Mere accusations or surmises will not suffice.In the absence of contrary evidence, what will prevail is the presumption that the respondent judge has regularly performed his duties.16
On the charge of tardiness and inefficiency, we find the same likewise without merit. Without evidence as to their truthfulness or veracity, the allegations in the Complaint filed by complainants remain mere allegations and do not rise to the dignity of proof.
On the charge of undue delay in resolving the Motion to Dismiss, we adopt the recommendation of the OCA that respondent judge is guilty of the charge
Under Rule 140 of the Revised Rules of Court, as amended, gross ignorance of the law is a serious charge punishable by either: (1) dismissal from the service, forfeiture of all or part of the benefits as the Court may determine, and disqualification from reinstatement or appointment to any public office, including government-owned and controlled corporation; or (2) suspension from office without salary and other benefits for more than three but not exceeding six months; or (3) a fine of more than ₱20,000 but not exceeding ₱40,000 while undue delay in rendering a decision or order is a less serious charge punishable by either (1) suspension from office without salary and other benefits for not less than one nor more than three months; or (2) a fine of more than ₱10,000 but not exceeding ₱20,000.1âwphi1
Accordingly, we impose a fine of ₱25,000 for the charge of gross ignorance of the law, taking into account that in a previous case respondent judge had been sanctioned.18
On the charge of gross ignorance of procedure and undue interference in the administrative functions of the Bureau of Immigration, complainants failed to prove the charge with substantial evidence. In administrative proceedings, complainants have the burden of proving by substantial evidence the allegations in their complaints.15 Mere accusations or surmises will not suffice.In the absence of contrary evidence, what will prevail is the presumption that the respondent judge has regularly performed his duties.16
On the charge of tardiness and inefficiency, we find the same likewise without merit. Without evidence as to their truthfulness or veracity, the allegations in the Complaint filed by complainants remain mere allegations and do not rise to the dignity of proof.
On the charge of undue delay in resolving the Motion to Dismiss, we adopt the recommendation of the OCA that respondent judge is guilty of the charge
Under Rule 140 of the Revised Rules of Court, as amended, gross ignorance of the law is a serious charge punishable by either: (1) dismissal from the service, forfeiture of all or part of the benefits as the Court may determine, and disqualification from reinstatement or appointment to any public office, including government-owned and controlled corporation; or (2) suspension from office without salary and other benefits for more than three but not exceeding six months; or (3) a fine of more than ₱20,000 but not exceeding ₱40,000 while undue delay in rendering a decision or order is a less serious charge punishable by either (1) suspension from office without salary and other benefits for not less than one nor more than three months; or (2) a fine of more than ₱10,000 but not exceeding ₱20,000.1âwphi1
Accordingly, we impose a fine of ₱25,000 for the charge of gross ignorance of the law, taking into account that in a previous case respondent judge had been sanctioned.18
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