Case Summary (A.M. No. RTJ-04-1840)
Factual Background
The Lagcao siblings are the registered owners of Lot No. 1029, a parcel of land with an area of 4,048 square meters located in Capitol Hills, Cebu City. They filed an ejectment case against unauthorized settlers occupying the land in 1997. The Municipal Trial Court in Cities (MTCC) ruled in favor of the Lagcaos, which decision was upheld by the Regional Trial Court (RTC). Following the issuance of a writ of execution and subsequent order for the demolition of structures belonging to the settlers in February 1999, the MTCC suspended the demolition for 120 days upon a humanitarian request from the then-City Mayor to seek a relocation site for the settlers.
Legislative Developments
During the suspension period, the settlers formed the Green Pasture Homeowners Association, Inc. The Cebu City Sangguniang Panlungsod passed Ordinance No. 1772, designating Lot No. 1029 as a socialized housing site under the Urban Development and Housing Act of 1992 (RA 7279). Subsequently, on August 2, 2000, Ordinance No. 1843 authorized the expropriation of the lot. The association then filed a complaint in the RTC against the Lagcao siblings seeking to enjoin their eviction.
Judicial Proceedings and Injunction
Respondent Judge Gako granted a writ of preliminary injunction in favor of the association on March 27, 2000, later denying the Lagcaos' motion for reconsideration. This led to a petition for certiorari filed by the Lagcaos with the Court of Appeals (CA), which later annulled the respondent's rulings on November 19, 2001, citing grave abuse of discretion for issuing the writ in absence of a clear legal right.
Subsequent Judicial Mismanagement
Despite the CA decision, Judge Gako issued a temporary restraining order on February 26, 2002, preventing the demolition that was scheduled that day. The association subsequently filed an amended complaint citing new developments, including the alleged sale of Lot No. 1029 to the association. Judge Gako denied their application for another writ of preliminary injunction on March 15, 2002, and later voluntarily inhibited himself from the case.
Complaints Against Respondent
The Lagcaos filed a complaint against Judge Gako for gross ignorance of the law, grave abuse of authority, and grave misconduct regarding his issuance of the preliminary injunction and the temporary restraining order, claiming he disregarded a final judgment in favor of the Lagcaos.
Legal Analysis and Findings
The Office of the Court Administrator (OCA) evaluated the matter, ruling that the issuance of Ordinance No. 1772 could constitute a supervening event, potentially justifying an injunction against the execution of the MTCC's final decision under certain equitable circumstances. The OCA
...continue readingCase Syllabus (A.M. No. RTJ-04-1840)
Case Overview
- The complaint was filed on July 18, 2002, by Doroteo, Diosdado, and Ursula Lagcao against Judge Ireneo Lee Gako, Jr. of the Regional Trial Court (RTC) in Cebu City, Branch 5.
- The complainants are the registered owners of Lot No. 1029, a parcel of land measuring 4,048 square meters located in Capitol Hills, Cebu City.
Background of the Ejectment Case
- The complainants initiated an ejectment case against "settlers" occupying their land in 1997, which was filed in the Municipal Trial Court in Cities (MTCC), Cebu City, Branch 1.
- In April 1998, the MTCC ruled in favor of the complainants, ordering the "settlers" to vacate the lot. This decision was later affirmed by the RTC of Cebu.
- A writ of execution was issued by the MTCC in January 1999, followed by a demolition order in February 1999 for structures of the "settlers" who refused to leave.
Suspension of Demolition
- On February 22, 1999, the MTCC suspended the demolition for 120 days upon a written request from then-City Mayor Alvin B. Garcia due to humanitarian reasons and the need to find a relocation site for the settlers.
- During this time, the settlers formed the Green Pasture Homeowners Association, Inc. (the association).
City Ordinances and Legal Developments
- On June 30, 1999, the Sangguniang Panlungsod of Cebu City passed Ordinance No. 1772, which designated Lot No. 1029 as a "Socialized Housing Site" under RA 7279 (Urban Development and Housing Act of 1992).
- Subsequently, Ordinance No. 1843 was approved on August 2, 2000, authorizing the expropriation of the lot.
Legal Actions by the Association
- The association filed a complaint