G. R. NO. 9591 - Los Estados Unidos vs. Agustino Humilda

On July 31, 2006, the Law Firm of Chavez Miranda and Aseoche, represented by Francisco I. Chavez, filed an Information for Open Disobedience (Art. 231, RPC) against Atty. Josejina C. Fria, Branch Clerk of Court of RTC-Muntinlupa, Br. 203, for allegedly refusing to issue a writ of execution in Civil Case No. 03-110, which became final and executory on February 2, 2006.
The accusatory portion charged that Atty. Fria “willfully, unlawfully and feloniously refused openly, without any legal justification to obey the order of the said court which is of superior authority, for the issuance of a writ of execution” dated July 29, 2005.

In a Complaint-Affidavit dated February 12, 2006, The Law Firm alleged it had been following up the issuance of the writ since April 4, 2006, but Atty. Fria refused to perform her ministerial duty, arguing the draft writ was addressed to a Branch Sheriff on leave and that the presiding judge had directed he would sign and issue it himself.
On July 31, 2006, the prosecutor recommended indictment for Open Disobedience, and Criminal Case No. 46400 was docketed in MTC-Muntinlupa, Br. 80.

Before the MTC, Atty. Fria moved for determination of probable cause; The Law Firm opposed, and later filed a Comment noting that in Reyes v. Balde II (G.R. No. 168384, Aug. 7, 2006) the SC declared Br. 203 had no jurisdiction over Civil Case No. 03-110.
On January 25, 2007, the MTC dismissed the case for lack of probable cause, finding the essential elements of Open Disobedience unestablished, since the underlying civil proceedings were null and void for lack of jurisdiction. A motion for reconsideration was denied.
The RTC (Br. 276) in S.C.A. 07-096 affirmed the MTC in a Resolution dated January 8, 2008 and denied reconsideration in an Order dated May 16, 2008. The Law Firm filed this petition for review on certiorari.

Whether the RTC erred in sustaining the MTC’s dismissal of Criminal Case No. 46400 for lack of probable cause in the charge of Open Disobedience against Atty. Fria.