Facts:

• Judge Lilia C. Español of the Municipal Trial Court in Cities of Dagupan City was accused of gross ignorance of the law and rendering an unjust interlocutory order in an unlawful detainer case.
• The complainant, Oscar C. Fernandez, was the plaintiff in the case and a decision was rendered in his favor, ordering the defendant to vacate the property and pay rentals, damages, and attorney's fees.
• The defendant filed a notice of appeal, but failed to post a supersedeas bond and pay the monthly rentals.
• The complainant filed a motion for execution as a result.
• The respondent judge initially granted the motion and ordered the issuance of a writ of execution.
• However, the defendant filed a motion for reconsideration, claiming that the complainant's brothers had renewed the lease contract.
• The respondent judge granted the motion for reconsideration and gave due course to the defendant's appeal.
• The complainant alleged that the appellate docket fee was paid by the defendant six months after the 15-day period within which to appeal had expired.

Issue:

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Ruling:

• Yes, the respondent judge committed gross ignorance of the law and rendered an unjust interlocutory ...(Unlock)

Ratio:

• The Supreme Court found that the respondent judge showed ignorance of the law by not recognizing that the complainant, as ...continue reading