Case Summary (A.M. No. RTJ-04-1863)
Allegations Against the Respondent
In two verified complaints filed on March 12 and March 22, 2001, the complainants charged Judge Adiong with gross ignorance of law, abuse of authority, and gross misconduct. The complaints stemmed from Judge Adiong's actions related to a Special Civil Action No. 690-01 for mandamus concerning FAPE and its obligations to Pacasum College, Inc.
Background of the Case
On February 26, 2001, Saripada Ali Pacasum filed a petition against FAPE, asserting its legal obligation to pay a subsidy to Pacasum College, which FAPE had not released. The respondent judge granted a preliminary mandatory injunction, requiring FAPE to issue payment to Pacasum College on the same day that the petition was filed. This decision was made despite the fact that FAPE was contesting internal ownership disputes regarding Pacasum College.
Proceedings and Orders
After granting the injunction, further orders were issues by the respondent directing FAPE to prepare a payment check, leading to a series of disputes culminating in grievances filed by FAPE describing irregularities, including a petition for certiorari before the Court of Appeals. The Appeals Court later issued a temporary restraining order (TRO) preventing the respondent from enforcing his earlier orders.
Administrative Complaints Filed
Following a series of procedural missteps by Judge Adiong, including the issuance of orders that led to the arrest of two employees of FAPE, complaints were filed with the Office of the Court Administrator (OCA) citing gross ignorance of the law and misconduct.
Judge's Justifications and OCA Findings
In response to the complaints, Judge Adiong justified his actions as necessary due to the urgency of the situation in handling the injunction. However, the OCA found his justifications lacking, identifying significant errors in his jurisdictional authority and procedural compliance. The judge issued sanctions against FAPE employees without the required legal process, indicating a blatant disregard for due process and an abuse of his judicial authority.
Conclusion and Recommended Penalties
In its recommendations, the OCA concluded that Judge Adiong was guilty of gross ignorance of the law
...continue readingCase Syllabus (A.M. No. RTJ-04-1863)
Case Background
- Two verified complaints were filed with the Office of the Court Administrator (OCA) on March 12, 2001, and March 22, 2001.
- Complainants included Sultan Sabdulah Ali Pacasum (President of Pacasum College, Inc.), Atty. Alfonso M. Gomos, and Dr. Roberto T. Borromeo (President of FAPE).
- The complaints charged Judge Santos B. Adiong with gross ignorance of the law, abuse of authority, and gross misconduct.
Antecedent Facts
- Saripada Ali Pacasum filed Special Civil Action No. 690-01 for mandamus against FAPE on February 26, 2001.
- He alleged FAPE's refusal to release a subsidy of P1,845,040.00 for Pacasum College, Inc. despite receiving P746,000,000.00 from DECS.
- The judge granted a preliminary mandatory injunction the same day upon the posting of a bond.
Court Orders and Subsequent Actions
- On February 28, 2001, the judge ordered FAPE’s president to prepare a check for the owed amount.
- FAPE filed a Petition for Certiorari and Prohibition against the judge’s orders on March 5, 2001, arguing lack of jurisdiction and ownership disputes.
- A temporary restraining order (TRO) was iss