Case Digest (A.M. No. RTJ-10-2225)
Facts:
Atty. Tomas Ong Cabili v. Judge Rasad G. Balindong, A.M. No. RTJ-10-2225 (formerly A.M. OCA I.P.I. No. 09-3182-RTJ), September 06, 2011, the Supreme Court En Banc, Per Curiam. The complaint arose from respondent Judge Rasad G. Balindong, Acting Presiding Judge, RTC, Branch 8, Marawi City, who issued a temporary restraining order (TRO) in a petition filed by Mindanao State University (MSU) seeking to enjoin garnishment of MSU funds by the sheriff executing a writ of execution issued by RTC, Branch 6, Iligan City.The background events began with Civil Case No. 06-2954 in RTC, Branch 6, Iligan City, an action for damages against MSU and others. On November 29, 1997 the trial court rendered judgment against MSU for damages (P2,726,189.90); the Court of Appeals affirmed and the decision became final; Entry of Judgment was made January 19, 2009. A writ of execution issued March 10, 2009, and on March 24, 2009 Sheriff Gerard Peter Gaje served a notice of garnishment on Land Bank of the Philippines (LBP), Marawi City Branch, to levy on MSU deposits.
The Office of the Solicitor General filed a belated opposition to execution which the Iligan City RTC denied on March 31, 2009. On April 1, 2009 MSU filed with RTC, Marawi City, Branch 8 (Judge Balindong) a petition for prohibition and mandamus with application for TRO and preliminary injunction against LBP and Sheriff Gaje to stop the garnishment. Judge Balindong set hearing April 8, 2009 and issued a TRO restraining the sheriff from garnishing MSU’s account. After further proceedings and a motion to dismiss by the sheriff for lack of jurisdiction, Judge Balindong granted the motion and dismissed the petition (April 2009).
On May 8, 2009 Atty. Tomas Ong Cabili, counsel for the private plaintiffs in Civil Case No. 06-2954, filed an administrative complaint against Judge Balindong for gross ignorance of the law, grave abuse of authority, abuse of discretion and/or grave misconduct for interfering with the execution of Branch 6’s writ. The respondent denied interference, explaining he afforded the parties a hearing and later dismissed for lack of jurisdiction. The Office of the Court Administrator...(Subscriber-Only)
Issues:
- Did Judge Rasad G. Balindong commit gross ignorance of the law, grave abuse of authority, abuse of discretion and/or grave misconduct prejudicial to the interest of the judicial service by issuing a TRO that restrained enforcement of a writ of execution issued by a co-equal court?
- If liability is established, what administrati...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)