Case Summary (A.M. No. MTJ-02-1395)
Factual Background
The complaint arose from a decision by Judge Rendon on May 22, 1997, which ruled in favor of Philippine Evangelical Enterprises, commanding Camsa to restore possession of two parcels of land, remove a fence she erected, and pay attorney fees and damages. Following the decision's finality, a writ of execution was issued on December 15, 1997, which the sheriff failed to enforce. Camsa contended that the alias writ later issued by Judge Rendon included demolition orders not present in the original ruling, and that Judge Rendon allegedly demanded bribes for a favorable outcome.
Respondents' Denial and Sheriff’s Actions
Judge Rendon denied having issued the alias writ without a formal motion and refuted any claims of having solicited bribes. Sheriff Cabug, on the other hand, insisted that he acted according to standard procedures during the enforcement of the alias writ, stating that force was used only due to Camsa's refusal to vacate the premises.
Investigation Challenges
Upon the death of Judge Rendon on February 1, 2001, the complaint was still pursued, leading to a recommendation for further investigation due to the serious charges and conflicting allegations made against the respondents.
Findings of the Office of the Court Administrator
The Office of the Court Administrator (OCA) concluded that both the original decision and the alias writ mandated the removal of improvements made by Camsa at her own expense, but specific protocols mandated by the rules needed to be followed, including obtaining a special court order for demolition. The report indicated that Sheriff Cabug violated these rules, engaging in the demolition without necessary court authority.
Administrative Penalties Recommended
The OCA recommended that Sheriff Cabug be found guilty of gross ignorance of the law and be fined P5,000. Other charges against him were dismissed due to insufficient evidence. The report
...continue readingCase Syllabus (A.M. No. MTJ-02-1395)
Case Background
- This administrative case arises from a complaint against Judge Aurelio D. Rendon and Sheriff Edwin G. Cabug.
- The complaint alleges violations of the Anti-Graft and Corrupt Practices Act (Republic Act 3019) and gross ignorance of the law.
- Judge Rendon is specifically accused of gross ignorance of the law, while Sheriff Cabug is accused of both gross ignorance and violation of the Code of Conduct and Ethical Standards for public officials and employees.
Factual Timeline
- On May 22, 1997, Judge Rendon issued a decision favoring the plaintiff, Philippine Evangelical Enterprises, directing Baikong Akang Camsa to:
- Restore possession of two parcels of land.
- Remove a wire fence she erected.
- Compensate the plaintiff for attorney's fees, litigation expenses, and exemplary damages.
- The decision was not appealed and became final and executory.
- On December 15, 1997, a writ of execution was issued, but Sheriff Cabug failed to enforce it.
Allegations Against Judge Rendon
- Complainant alleged that Judge Rendon issued an alias writ of execution that included an order of demolition, contrary to the original decision.
- It was also claimed that Judge Rendon demanded P60,000 for a favorable ruling, of which only P30,000 was alle