Case Digest (A.M. No. MTJ-89-269, MTJ-89-292)
Facts:
Lourdes McCormack and Blaise McCormack v. Hon. Jose G. Montemayor; Adm. Matter No. MTJ-89-269; and Spouses Blaise and Lourdes McCormack v. Tomasito B. Lising; Adm. Matter No. P-89-292, July 23, 1990, the Supreme Court En Banc, Per Curiam.The administrative complaints were filed by Lourdes and Blaise McCormack (complainants) against Judge Jose G. Montemayor, Presiding Judge, Municipal Trial Court, Branch I, Angeles City, for alleged grave partiality, serious misconduct, grave abuse of authority and gross ignorance of the law, and against Deputy Sheriff Tomasito B. Lising of the Office of the Clerk of Court and ex-officio sheriff, MTCC Angeles City, for misconduct, gross inefficiency and neglect of duty. Judge Eliodoro B. Guinto of RTC Branch 57, Angeles City, was impleaded by the allegations and filed a comment as directed by the Court.
The charges stemmed from an ejectment case filed on December 2, 1988 by Leonida Usi (plaintiff-lessor) against the McCormacks. On November 28, 1988 Judge Guinto of the RTC affirmed (with modification) the MTCC judgment in favor of Usi and ordered payment of back rentals. The McCormacks later deposited a supersedeas bond and monthly rentals and attempted to seek relief from the Court of Appeals.
Beginning January 2, 1989, Usi filed an "Urgent Ex‑Parte Motion to Remand the Case to the Court of Origin" with the RTC (granted by Judge Guinto), and an "Urgent Ex‑Parte Motion for Immediate Execution" with the MTCC (granted by Judge Montemayor). The writ of execution endorsed to Deputy Sheriff Lising described the case as a "Sum of Money." On January 5, 1989 Usi sought and obtained a "Break-Open" order; Montemayor's order misidentified the premises as the complainants' residential dwelling rather than the Manhattan Transfer Restaurant which was the subject of the ejectment.
On January 6, 1989, without clarifying which premises were intended, Deputy Sheriff Lising, assisted by others, forcibly entered the Manhattan Transfer Restaurant, levied its contents, and posted a Sheriff’s Notice of Sale only at the municipal building; the McCormacks' counsel did not receive copies of motions and orders until January 9, 1989. The sale scheduled for January 16 took place on January 17 after 5:00 p.m.; Usi was sole bidder and purchased the restaurant at P20,530.50.
The Court’s investigator found multiple irregularities: Judge Guinto released his decision late and granted the remand ex parte despite the modification in his judgment and the deposit of supersedeas bond; Judge Montemayor issued and signed orders and a writ of execution that misdescribed the case and premises, failed to serve parties, and relied recklessly on staff; and Deputy Sheriff Lising acted on an affidavit prepared by plaintiff’s counsel and performed actions (verification, breaking in, posting notice, conducting an after-hou...(Subscriber-Only)
Issues:
- Did Judge Eliodoro B. Guinto act with grave partiality warranting administrative sanction?
- Did Judge Jose G. Montemayor commit grave partiality and gross negligence in issuing orders and a writ of execution in the ejectment case?
- Did Deputy Sheriff Tomasito B. Lising commit grave misconduct, oppression and partiality in executing the writ ...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)