Case Digest (A.M. No. 2397-MJ, P-2396)
Facts:
In 1973, Engineer Ernesto D. Bonilla, a resident of Caloocan City, filed a complaint against Judge Leonardo Afable, who served in the Municipal Circuit Court of San Marcelino-Castillejos, Zambales. The complaint stemmed from a demolition order issued by Judge Afable on September 12, 1979, which directed the removal of houses situated on a 60,000 square meter parcel of land. This area was significantly larger than the 37,968 square meter land that was the subject of a prior decision in Civil Case No. 205, entitled "Eduardo Racella, et al. vs. Alejandro Pechay, et al.," which had been adjudicated by the Municipal Court of Subic, Zambales. The judgment in that case ordered the defendants to vacate the land they occupied and to pay damages to the plaintiffs. In addition to Judge Afable, Bonilla also charged Deputy Sheriff Atilano Nanquil of the Court of First Instance of Zambales and Olongapo City for executing the demolition order without providing the occupants of ten...
Case Digest (A.M. No. 2397-MJ, P-2396)
Facts:
Case Background: In 1973, Engineer Ernesto D. Bonilla filed a complaint against Judge Leonardo Afable of the Municipal Circuit Court of San Marcelino-Castillejos, Zambales, for issuing a demolition order on September 12, 1979. The order directed the removal of houses on a 60,000 sq. m. land, which was significantly larger than the 37,968 sq. m. parcel of land involved in Civil Case No. 205, "Eduardo Racella, et al. vs. Alejandro Pechay, et al.," a forcible entry case.
Judgment in Civil Case No. 205: The court had ordered the defendants to vacate the land and pay damages to the plaintiffs.
Complaint Against Deputy Sheriff: Bonilla also charged Deputy Sheriff Atilano Nanquil with arbitrarily executing the demolition order without giving the occupants a reasonable opportunity to remove their belongings.
Respondent Judge’s Admission: Judge Afable admitted the error in the demolition order, attributing it to a misleading report (Notice of Levy) submitted by Deputy Sheriff Nanquil. He claimed to have corrected the error upon realizing it.
Sheriff’s Defense: Deputy Sheriff Nanquil denied the charges, stating that the occupants were treated with consideration during the execution of the order.
Investigation: The charges were referred to Executive Judge Domingo D. Panis for investigation. Complainant Bonilla failed to appear at the hearings, leading to a recommendation for dismissal due to lack of prosecution.
Issue:
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Ruling:
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Ratio:
- Judicial Responsibility: Judges must exercise due care and diligence in issuing orders, ensuring they are consistent with the judgment to be executed. Relying on incorrect reports, even unintentionally, constitutes negligence.
- Sheriff’s Conduct: In executing court orders, sheriffs are expected to act with consideration for the affected parties. However, without sufficient evidence of misconduct, charges cannot be upheld.
- Accountability in Official Duties: Public officers, including judges, are accountable for their actions, even if errors are unintentional.