Title
Gustilo vs. Real, Sr.
Case
A.M. No. MTJ-00-1250
Decision Date
Feb 28, 2001
Judge Real annulled Gustilo's election win without jurisdiction, issued improper TROs, and showed bias, leading to a Supreme Court ruling of gross misconduct and ignorance of the law.
gross misconduct
abuse of authority
bias

Case Summary (A.M. No. MTJ-00-1250)

Factual Background

Complainant was a candidate for punong barangay of Punta Mesa, Manapla, Negros Occidental in the May 12, 1997 elections and was proclaimed by the Board of Canvassers as the duly elected punong barangay after he and his opponent, Weddy C. Libo-on, had tied at eight hundred nineteen votes each and the breaking of the tie favored the complainant. On May 20, 1997, Libo-on filed an election contest before the Municipal Circuit Trial Court, docketed as Civil Case No. 703-M, seeking recounting of ballots in two precincts, a preliminary prohibitory injunction, and damages. The respondent judge initially set a hearing for June 6, 1997 but, upon Libo-on's motion, advanced the hearing to May 29 and 30, 1997 by an order dated May 28, 1997.

Orders and Immediate Events

On May 29, 1997 the respondent issued a temporary restraining order and annulled the complainant's proclamation as duly elected punong barangay. The complainant asserts that he was not served with copies of the May 28 and May 29 orders in advance and that he only obtained copies that afternoon from the COMELEC Registrar of Manapla and the DILG. On May 30, 1997, despite the TRO, the complainant took his oath of office and filed a petition for certiorari in the Regional Trial Court of Silay City, Branch 69, docketed as Special Civil Action No. 1936-69.

Proceedings in the Regional Trial Court and Subsequent Acts

On June 5, 1997 the RTC of Silay City lifted the TRO issued by the respondent and declared null and void the respondent's order nullifying the complainant's proclamation. Thereafter, the complainant moved for the respondent's inhibition in Civil Case No. 703-M; on June 11, 1997 the respondent denied that motion and, after hearing, issued a second TRO to maintain the status quo between the parties. The complainant alleged that the second TRO effectively prevented him from assuming office and excluded him from participating in the June 14, 1997 election of the Liga ng Mga Barangay.

Parties' Contentions

In his Comment, Respondent admitted issuing the May 29 TRO after receiving the applicant's evidence ex parte but contended that registered mail receipts show substantial compliance with notice requirements. He defended the May 28 order advancing the hearing on grounds of urgency and denied that the May 29 action was an improper exercise of jurisdiction, asserting instead that the proclamation was void ab initio because of an alleged faulty tabulation. He invoked decisions such as Bince, Jr. v. COMELEC and Tatlonghari v. COMELEC to justify annulment of an allegedly invalid proclamation. Respondent further argued that the RTC erred in entertaining the certiorari action without his court's remedies being exhausted and maintained that his June 11, 1997 TRO did not reverse the RTC's order but complied with the notice and hearing requirements of Administrative Circular No. 20-95. He denied any fraud, dishonesty, or corruption and asserted that absent such elements his errors, if any, were not disciplinary.

OCA Investigation and Recommendation

The Office of the Court Administrator investigated and, in an evaluation and recommendation report dated November 29, 1999, concluded that the respondent's actions were not honest mistakes. The OCA found a pattern of bias favoring Libo-on and a deliberate effort to prevent the complainant from assuming office despite his proclamation. The OCA recommended a fine of P20,000.00 and warned that a repetition would be dealt with more severely.

Legal Standards Governing TROs and Jurisdiction

The Court considered Administrative Circular No. 20-95, which mandates that applications for a TRO be acted upon only after all parties are heard in a summary hearing conducted within twenty-four hours after the records are transmitted to the branch selected by raffle and that immediate notice to all parties is required. The Court reiterated that a summary hearing may not be dispensed with and that acting on a TRO ex parte without complying with the Circular constitutes grave abuse of authority and misconduct. The Court also noted Election Code, Art. 242, which vests exclusive jurisdiction over pre-proclamation controversies in the COMELEC and authorizes that body, after due notice and hearing, to suspend or annul proclamations as warranted by evidence.

Analysis of the Respondent's Acts and Judicial Duties

The Court found that the respondent admitted issuing the first TRO after receiving evidence ex parte and thus failed to comply with Administrative Circular No. 20-95. That failure constituted grave abuse of authority, misconduct, and conduct prejudicial to the proper administration of justice. By annulling the complainant's proclamation despite acknowledging that his court lacked jurisdiction to do so, the respondent usurped powers vested exclusively in the COMELEC. The Court emphasized a judge's duty to know jurisdictional boundaries and to act only within them, citing Rule 3.01 of the Code of Judicial Conduct which requires fidelity to the law and maintenance of professional competence. The respondent's annulment of a proclamation that his court had no power to revoke demonstrated unfaithfulness to basic legal rules and injudicious conduct.

Assessment of the Second TRO and Injunctive Requirements

When the RTC, a superior court, set aside the respondent's first TRO and declared the nullification of the proclamation void, the respondent nevertheless proceeded to hear Libo-on's motion for permanent injunction and issued a second TRO on June 11, 1997. The Court treated this as a compounding of earlier errors and as evidence of partiality. The Court reviewed the requisites for injunctive relief—existence of a right in esse to be protected and a showing that the act sought to be enjoined violated that right—and observed that the complainant, having been duly proclaimed and having taken the oath of office, had rights that were not shown to be threatened by irreparable injury sufficient to warrant the TRO. The Court agreed

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