A.C. No. 7158 - Andres vs. Nambi

A Complaint for Disbarment was filed by Yolanda A. Andres, Minette A. Mercado, and Elito P. Andres against then Labor Arbiter Salimathar V. Nambi.
The complaint alleged that respondent committed gross ignorance of the law by issuing an Amended Alias Writ of Execution in a labor case, thereby enforcing judgment against parties who were not part of the original proceedings.

On December 10, 2003, respondent rendered a decision in a consolidated labor case against M.A. Mercado Construction and the spouses Maximo and Aida Mercado.
The decision ordered the respondents (M.A. Mercado Construction and the spouses) to reinstate the complainants and to pay full backwages from October 28, 2000 until the decision, plus attorney’s fees equal to ten percent of the monetary award.
The initial judgment, however, became complicated when respondents in the labor case filed an appeal which was later dismissed for failure to post an appeal bond.

An Alias Writ of Execution was issued to enforce the judgment against M.A. Mercado Construction.
Subsequently, the labor case complainants filed an ex parte motion to amend the alias writ to include M.A. Blocks Work, Inc. and its incorporators, arguing that M.A. Mercado Construction had allegedly transferred its assets to this new entity.
On February 10, 2006, respondent granted the motion, and on February 17, 2006, an Amended Alias Writ of Execution was issued against M.A. Blocks Work, Inc. and all its incorporators.

By way of special appearance, M.A. Blocks Work, Inc. and three of its incorporators (who were also the complainants in the administrative case) filed an Urgent Motion to Quash the Amended Alias Writ of Execution.
They contended that they were not parties to the original labor case and therefore should not be bound by the judgment.
On March 13, 2006, respondent denied the urgent motion.

Following the denial of the motion to quash, the complainants pursued a Complaint for Disbarment against respondent.
The case was referred to the Integrated Bar of the Philippines (IBP) on March 4, 2007, for further investigation.
In his Report and Recommendation dated September 6, 2010, the IBP’s Investigating Commissioner found respondent guilty of gross ignorance of the law and recommended a six-month suspension.
This recommendation was later adopted with modifications by the IBP Board of Governors in an April 12, 2011 Resolution.
Additional misconduct was noted, particularly respondent’s failure to comply with several court and IBP orders, such as ignoring a June 7, 2006 court resolution and not attending a mandatory IBP conference.

Whether respondent, Atty. Salimathar V. Nambi, committed gross ignorance of the law by:

Granting the motion to amend the alias writ of execution to include M.A. Blocks Work, Inc. and its incorporators.
Issuing an Amended Alias Writ of Execution against entities that were not parties to the original labor case.
Denying the Urgent Motion to Quash filed by the incorporators.

Whether such actions violated the Code of Professional Responsibility, specifically regarding the duty to obey lawful orders and judicial directives.