Case Digest (A.M. No. RTJ-14-2369, RTJ-14-2372)
Facts:
Department of Justice, represented by Secretary Leila M. De Lima, petitioner, vs. Judge Rolando G. Mislang, Presiding Judge, Branch 167, Regional Trial Court, Pasig City; and Home Development Mutual Fund (HDMF), represented by Atty. Jose Roberto F. Po, petitioner, vs. Judge Rolando G. Mislang, A.M. Nos. RTJ-14-2369 [Formerly OCA I.P.I. No. 12-3907-RTJ] and RTJ-14-2372 [Formerly OCA I.P.I. No. 11-3736-RTJ], July 26, 2016, Supreme Court En Banc, Per Curiam.In 2010 the National Bureau of Investigation (NBI) recommended preliminary investigation into allegations that officers of Globe Asiatique, including Delfin S. Lee, engaged in syndicated estafa by fraudulently obtaining Pag-IBIG (HDMF) housing loans for purportedly fictitious borrowers, causing about P6.5 billion in damages to HDMF. The DOJ assigned prosecutor panels and docketed two preliminary-investigation matters: NPS Docket No. XVI-INV-10J-00319 (the “1st DOJ case”) and NPS Docket No. XVI-INV-10L-00363 (the “2nd DOJ case”).
On November 15, 2010, Lee and Globe Asiatique filed a civil complaint for specific performance and damages against HDMF in the Makati RTC. After the NBI’s second recommendation in December 2010, Lee sought suspension of the 2nd DOJ preliminary investigation by invoking a prejudicial question in the Makati civil case; the DOJ panel denied his petition by Omnibus Order (Feb. 21, 2011), finding no common issues or parties between the civil and criminal investigations and directing Lee to file his counter-affidavit. Lee’s partial reconsideration was denied, and after he tendered a counter-affidavit he filed a Petition for Injunction with Application for Temporary Restraining Order (TRO) on July 28, 2011, which was raffled to Judge Mislang of RTC Pasig, Branch 167.
Counsel for the parties agreed, with Judge Mislang’s permission, to submit the injunction petition for resolution upon submission of memoranda. Despite that agreement and without giving DOJ notice of an ex parte motion Lee filed asking immediate resolution of his TRO application, Judge Mislang issued orders dated August 16 and August 26, 2011, granting Lee’s requested TROs and later issued a writ of preliminary injunction and status quo order affecting both DOJ dockets. HDMF and the DOJ separately filed administrative complaints against Judge Mislang (OCA I.P.I. Nos. 11-3736-RTJ and 12-3907-RTJ), alleging disregard for injunctive and prejudicial-question rules, partiality, gross ignorance of the law, and gross misconduct.
The Office of the Court Administrator (OCA) reviewed the matters and recommended that Judge Mislang be found guilty of gross ignorance of the law and be dismissed with forfeiture of retirement benefits except leave credits and with prejudice to re-employment. The Court of Appeals (Seventeenth Division) had earlier held in Department of Justice v. The Hon. Rolando Mislang,...(Pro-only)
Issues:
- Did Judge Rolando G. Mislang commit gross ignorance of the law and/or gross misconduct warranting administrative dismissal?
- Were the TROs, writ of preliminary injunction and status quo orders issued by Judge Mislang valid in light of the rules on injunctive relief, due process (notice and hearing), and Rule 111 ...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)