Case Digest (A.M. No. MTJ-00-1283)
Facts:
Col. Octavio Alvarez v. Judge Augustus C. Diaz, Atty. Victory Edralin and Mr. Efren P. Luna, A.M. No. MTJ-00-1283 (Formerly OCA IPI No. 98-547-MTJ), March 03, 2004, Supreme Court Third Division, Corona, J., writing for the Court.In October 1995 spouses Domingo and Celia Garcia filed a forcible entry complaint in the Metropolitan Trial Court (MeTC) of Quezon City, which was raffled to MeTC Branch 37 presided over by Judge Augustus C. Diaz. The original set of defendants were the tenants of the subject lot; on June 17, 1996 the Garcias filed an amended complaint that added Col. Octavio Alvarez as a defendant.
On November 11, 1997 Judge Diaz rendered judgment in favor of the Garcias ordering Alvarez and co-defendants to vacate, remove improvements, and pay P20,000 monthly for use and occupancy. Alvarez received the decision on January 7, 1998; he filed a Notice of Appeal on January 14, 1998 and (according to the record) paid appellate docket fees on January 15, 1998 but did not present the original official receipts to the MeTC at that time.
Plaintiffs moved for issuance of a writ of execution on January 28, 1998. In an order dated February 3, 1998 Judge Diaz dismissed Alvarez’s Notice of Appeal for non-payment of docket fees within the appeal period and granted the plaintiffs’ Motion for Execution for failure to post a supersedeas bond; a writ of execution issued the same date. Sheriff Efren Luna served notices to vacate on most defendants on February 19, 1998 but left Alvarez’s copy with a tenant. Plaintiffs filed an ex parte Motion for Demolition on February 27, 1998; Judge Diaz granted it on March 2, 1998 and a demolition carried out by the sheriff occurred on March 11, 1998.
Copies of Alvarez’s official receipts were received by the MeTC on February 23, 1998; on March 20, 1998 Judge Diaz motu proprio reconsidered his February 3 dismissal and forwarded the records on appeal. Nine days earlier, however, the structures had already been demolished and possession turned over to the plaintiffs.
Feeling aggrieved, Alvarez filed an administrative Complaint‑Affidavit on April 15, 1998 against Judge Diaz (for grave abuse of authority and gross misconduct) and against Clerk of Court Victory Edralin and Deputy Sheriff Efren Luna (for grave misconduct and solicitation of gifts). The Court Administrator directed the respondents to answer (Sept. 8, 1998). The respondents filed answers denying the charges; factual versions conflicted over service, notice, alleged solicitation/extortion, and whether clerk or sheriff participated in the demolition.
The matter was re‑docketed as A.M. No. MTJ‑00‑1283 and Investigating Justice Narciso T. Atienza was assigned; his report recommended sanctions: Judge ...(Subscriber-Only)
Issues:
- May the trial court motu proprio dismiss an appeal for being taken out of time where the notice of appeal was filed but the appellant failed to submit originals proving payment of appellate docket fees within the appeal period?
- Did Judge Diaz commit grave abuse of authority or gross ignorance of the law by acting on a fatally defective Motion for Execution and by granting an ex parte Motion for Demolition without notice and hearing?
- Are Clerk of Court Victory Edralin and Deputy Sheriff Efren Luna liable for grave misconduct or solicitation of gifts in connection with the demolition and execution of the judgment?
- Should complainant Col. Octavio Alvarez be di...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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