Case Digest (A.M. No. RTJ-11-2283)
Facts:
This case involves a complaint filed by Atty. Leticia E. Ala against various judges and officers of the Regional Trial Court (RTC) of Cebu City, including Judge Soliver C. Peras, Judge Simeon P. Dumdum, Jr., Judge Generosa G. Labra, Clerk of Court Jeoffrey S. Joaquino, and Sheriffs El Cid R. Caballes and Fortunato T. Viovicente, Jr. The dispute emanated from Civil Case No. CEB-32893, entitled "VTL Realty Corporation v. Atty. Leticia E. Ala," wherein complainant Ala was previously the counsel in a marriage nullity case. The legal tussle began when she represented Adelaida Alba-Chua in a case against Benson Go Chua concerning the declaration of nullity of marriage at RTC, Branch 107, Quezon City in May 2000. After being replaced as counsel in 2002, Ala still had a recognized financial claim from a compromise agreement in which it was decided that Benson Go Chua would assume payment of her professional fees.
In 2004, Ala's efforts to enforce a Partial Judgment yielde
Case Digest (A.M. No. RTJ-11-2283)
Facts:
Background of the Case: Atty. Leticia E. Ala (complainant) was the former counsel of Adelaida Alba-Chua in a nullity of marriage case filed in Quezon City. A partial judgment was issued on August 12, 2003, based on a compromise agreement, wherein Benson Go Chua (Chua) agreed to assume payment of complainant’s professional fees. Complainant successfully obtained a writ of execution for her fees, and the execution was partially implemented.Implementation of the Writ of Execution:
Sheriff El Cid Caballes (respondent Sheriff Caballes) attempted to enforce the writ in Cebu City but faced challenges. Eventually, a levy was made on Chua’s conjugal home in Cebu City, scheduled for public auction on November 9, 2006.
Injunction Case Filed:
Before the auction, VTL Realty Corporation filed Civil Case No. CEB-32893 for Injunction and Damages, claiming ownership of the property due to a previous foreclosure sale. The case was assigned to Judge Simeon P. Dumdum, Jr. (respondent Judge Dumdum), who issued a 72-hour TRO to halt the auction. Despite the TRO, the property was sold to complainant as the highest bidder.
Subsequent Proceedings:
The case was re-raffled to Judge Generosa G. Labra (respondent Judge Labra), who denied complainant’s motion to dismiss. The case was eventually assigned to Judge Soliver C. Peras (respondent Judge Peras), who issued a writ of preliminary injunction to prevent the issuance of a new title in complainant’s name. Complainant alleged that the respondents acted in bad faith, violated judicial protocols, and caused delays in the proceedings.
Issues:
- Whether respondents Judges Peras, Dumdum, and Labra grossly violated judicial protocols by interfering with the execution of a judgment from a co-equal court.
- Whether respondent Clerk of Court Joaquino was remiss in his duties by failing to ensure the payment of the injunction bond and by ignoring formal inquiries.
- Whether respondent Sheriffs Caballes and Viovicente were negligent in their duties in implementing the writ of execution and in failing to furnish complainant with copies of relevant documents.
- Whether the request for transfer of venue of Civil Case No. CEB-32893 should be granted.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)