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Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
August-2001 Jurisprudence                 

  • G.R. No. 126899 August 2, 2001 - PEOPLE OF THE PHIL. v. FELICITO T. BARBOSA

  • G.R. No. 128137 August 2, 2001 - PEOPLE OF THE PHIL. v. MARIO HAMTO

  • G.R. No. 131203 August 2, 2001 - PEOPLE OF THE PHIL. v. GUILLERMO CARIÑO

  • G.R. No. 137473 August 2, 2001 - ESTELITO V. REMOLONA v. CSC

  • G.R. Nos. 141702-03 August 2, 2001 - CATHAY PACIFIC AIRWAYS v. NLRC, ET AL.

  • G.R. Nos. 128816 & 139979-80 August 8, 2001 - PEOPLE OF THE PHIL. v. ALFREDO P. CABILTO, ET AL.

  • G.R. No. 131817 August 8, 2001 - PEOPLE OF THE PHIL. v. DANTE L. DOMINGO

  • G.R. Nos. 133791-94 August 8, 2001 - PEOPLE OF THE PHIL. v. CORNELIO SUPNAD

  • G.R. No. 135065 August 8, 2001 - PEOPLE OF THE PHIL. v. BENNY CABANGCALA, ET AL.

  • Adm. Case No. 4982 August 9, 2001 - KATRINA JOAQUIN CARIÑO v. ARTURO DE LOS REYES

  • A.M. No. 01-2-47-RTC August 9, 2001 - RE: JUDGE GUILLERMO L. LOJA,

  • A.M. No. MTJ-01-1365 August 9, 2001 - CESINA EBALLA v. ESTRELLITA M. PAAS, ET AL.

  • Adm. Matter No. P-01-1495 August 9, 2001 - ESMERALDO D. VISITACION v. GREDAM P. EDIZA

  • A.M. No. RTJ-99-1506 August 9, 2001 - JOSEFINA MERONTOS Vda. de SAYSON v. OSCAR E. ZERNA

  • A.M. No. P-01-1489 August 9, 2001 - CATALINO BAUTISTA, ET AL. v. AMELITA O. MENDOZA

  • G.R. No. 110740 August 9, 2001 - NDC-GUTHRIE PLANTATIONS, ET AL. v. NLRC, ET AL.

  • G.R. No. 112485 August 9, 2001 - EMILIA MANZANO v. MIGUEL PEREZ SR., ET AL.

  • G.R. No. 129209 August 9, 2001 - PEOPLE OF THE PHIL. v. JESEMIEL MOSQUERRA, ET AL.

  • G.R. No. 134565 August 9, 2001 - PEOPLE OF THE PHIL v. LUDIVINO MIANA, ET AL.

  • G.R. Nos. 138472-73 August 9, 2001 - PEOPLE OF THE PHIL. v. NOEL PADILLA

  • G.R. No. 138964 August 9, 2001 - VICENTE RELLOSA, ET AL. v. GONZALO PELLOSIS, ET AL.

  • G.R. No. 139411 August 9, 2001 - PEOPLE OF THE PHIL. v. AGAPITO TORALBA

  • G.R. No. 139532 August 9, 2001 - REGAL FILMS v. GABRIEL CONCEPCION

  • G.R. No. 139665 August 9, 2001 - MA. VILMA S. LABAD v. UNIVERSITY OF SOUTHEASTERN PHIL., ET AL.

  • G.R. No. 140347 August 9, 2001 - PEOPLE OF THE PHIL. v. ROLANDO OLITA

  • G.R. No. 142546 August 9, 2001 - ANASTACIO FABELA, ET AL v. COURT OF APPEALS, ET AL.

  • G.R. No. 142838 August 9, 2001 - ABELARDO B. LICAROS v. ANTONIO P. GATMAITAN

  • G.R. No. 143881 August 9, 2001 - DANILO EVANGELISTA v. PEDRO SISTOZA, ET AL.

  • G.R. No. 143949 August 9, 2001 - ATCI OVERSEAS CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 144089 August 9, 2001 - CONCORDE HOTEL v. COURT OF APPEALS, ET AL.

  • G.R. No. 126480 August 10, 2001 - MARIA TIN v. PEOPLE OF THE PHIL.

  • G.R. No. 129162 August 10, 2001 - PEOPLE OF THE PHIL. v. WILLY FIGURACION, ET AL.

  • G.R. No. 130998 August 10, 2001 - MARUBENI CORP. ET AL. v. FELIX LIRAG

  • G.R. Nos. 137934 & 137936 August 10, 2001 - BATANGAS LAGUNA TAYABAS BUS COMPANY, ET AL. v. BENJAMIN M. BITANGA. ET AL.

  • G.R. No. 143673 August 10, 2001 - CONRADO TUAZON, ET AL. v. ERNESTO GARILAO, ET AL.

  • G.R. No. 144708 August 10, 2001 - RAFAEL ALBANO, ET AL v. COURT OF APPEALS, ET AL.

  • G.R. No. 146724 August 10, 2001 - GIL TAROJA VILLOTA v. COMELEC, ET AL.

  • G.R. No. 136266 August 13, 2001 - EUTIQUIO A. PELIGRINO v. PEOPLE OF THE PHIL.

  • A.M. No. RTJ-01-1612 August 14, 2001 - MARCO FRANCISCO SEVILLEJA v. ANTONIO N. LAGGUI

  • A.M. No. P-00-1438 August 14, 2001 - JUNN F. FLORES v. ROGER S. CONANAN

  • G.R. No. 135482 August 14, 2001 - ORLANDO SALVADOR v. ANIANO A. DESIERTO, ET AL.

  • G.R. No. 136192 August 14, 2001 - PRESIDENTIAL AD HOC FACT-FINDING COMMITTEE ON BEHEST LOANS v. ANIANO DESIERTO, ET AL.

  • G.R. No. 141617 August 14, 2001 - ADALIA B. FRANCISCO and MERRYLAND DEVELOPMENT CORPORATION v. RITA C. MEJIA

  • G.R. No. 142276 August 14, 2001 - FLORENTINO GO, JR., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 142662 August 14, 2001 - PEOPLE OF THE PHIL. v. JERRY FERRER

  • A.C. No. 5486 August 15, 2001 - IN RE: ATTY. DAVID BRIONES.

  • A.M. RTJ No. 89-403 August 15, 2001 - MOLINTO D. PAGAYAO v. FAUSTO H. IMBING

  • A.M. No. 96-9-332-RTC August 15, 2001 - DIRECTOR, PNP NARCOTICS COMMAND v. JAIME N. SALAZAR

  • A.M. No. P-99-1311 August 15, 2001 - OFFICE OF THE COURT ADMINISTRATOR v. ALBERTO V. GARONG

  • G.R. Nos. 113822-23 August 15, 2001 - PEOPLE OF THE PHIL. v. RAUL L. PABLO, ET AL.

  • G.R. No. 118492 August 15, 2001 - GREGORIO H. REYES, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 120468 August 15, 2001 - PEOPLE OF THE PHIL. v. LOPE B. LIWANAG, ET AL.

  • G.R. No. 128177 August 15, 2001 - ROMAN SORIANO v. COURT OF APPEALS, ET AL.

  • G.R. No. 129295 August 15, 2001 - PEOPLE OF THE PHIL. v. EDWIN MORIAL, ET AL.

  • G.R. No. 129598 August 15, 2001 - PNB MADECOR v. GERARDO C. UY

  • G.R. No. 130360 August 15, 2001 - WILSON ONG CHING KIAN CHUAN v. COURT OF APPEALS, ET AL.

  • G.R. No. 136834 August 15, 2001 - FELIX SENDON, ET AL. v. FRATERNIDAD O. RUIZ, ET AL.

  • G.R. No. 137271 August 15, 2001 - PEOPLE OF THE PHIL v. REYNALDO CORRE JR., ET AL.

  • G.R. No. 137509 August 15, 2001 - PEVET ADALID FELIZARDO, ET AL v. SIEGFREDO FERNANDEZ

  • G.R. Nos. 137969-71 August 15, 2001 - PEOPLE OF THE PHIL v. RAFAEL SALALIMA

  • G.R. No. 139337 August 15, 2001 - MA. CARMINIA C. ROXAS v. COURT OF APPEALS, ET AL.

  • G.R. No. 139420 August 15, 2001 - ROBERTO R. SERRANO v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 140900 & 140911 August 15, 2001 - PEOPLE OF THE PHIL. v. RODERICK LICAYAN, ET AL.

  • G.R. No. 143340 August 15, 2001 - LILIBETH SUNGA-CHAN, ET AL v. LAMBERTO T. CHUA

  • G.R. No. 144813 August 15, 2001 - GOLD LINE TRANSIT v. LUISA RAMOS

  • G.R. No. 147270 August 15, 2001 - IN RE: PETE C. LAGRAN

  • A.M. No. RTJ-00-1565 August 16, 2001 - FEDERICO S. BERNARDO v. PATERNO G. TIAMSON

  • G.R. No. 119900 August 16, 2001 - SUNNY MOTORS SALES v. COURT OF APPEALS, ET AL.

  • G.R. No. 121897 August 16, 2001 - PEOPLE OF THE PHIL. v. GIL TEMPLA, ET AL.

  • G.R. No. 126200 August 16, 2001 - DEV’T. BANK OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 126926 August 16, 2001 - RAMON P. ARON v. COURT OF APPEALS, ET AL.

  • G.R. No. 127543 August 16, 2001 - INTERNATIONAL PIPES, ET AL. v. F. F. CRUZ & CO.

  • G.R. No. 132155 August 16, 2001 - ARAS-ASAN TIMBER CO. v. COMMISSIONER OF INTERNAL REVENUE, ET AL.

  • G.R. No. 134292 August 16, 2001 - PEOPLE OF THE PHIL. v. FRANCO MORALES

  • G.R. No. 136365 August 16, 2001 - ENRIQUE R. CAMACHO, ET AL. v. PHIL. NAT’L. BANK, ET AL.

  • G.R. No. 136780 August 16, 2001 - JEANETTE D. MOLINO v. SECURITY DINERS INTERNATIONAL CORP.

  • A.M. No. RTJ-00-1597 August 20, 2001 - WILSON ANDRES v. ORLANDO D. BELTRAN

  • A.M. No. RTJ-94-1131 August 20, 2001 - MIGUEL ARGEL v. HERMINIA M. PASCUA

  • G.R. No. 110055 August 20, 2001 - ASUNCION SAN JUAN v. COURT OF APPEALS, ET AL.

  • G.R. No. 111685 August 20, 2001 - DAVAO LIGHT & POWER CO. v. COURT OF APPEALS, ET AL.

  • G.R. No. 131866 August 20, 2001 - PEOPLE OF THE PHIL. v. CARLOS DOCTOLERO

  • G.R. No. 132174 August 20, 2001 - GUALBERTO CASTRO v. RICARDO GLORIA

  • G.R. No. 132684 August 20, 2001 - HERNANI N. FABIA v. COURT OF APPEALS, ET AL.

  • G.R. No. 134718 August 20, 2001 - ROMANA INGJUGTIRO v. LEON V. CASALS, ET AL.

  • G.R. No. 142401 August 20, 2001 - ANDREW TAN v. COURT OF APPEALS, ET AL.

  • G.R. No. 137299 August 21, 2001 - PEOPLE OF THE PHIL. v. FRANCISCO NANAS

  • G.R. No. 138869 August 21, 2001 - DAVID SO v. COURT OF APPEALS, ET AL.

  • G.R. No. 140519 August 21, 2001 - PHIL. RETIREMENT AUTHORITY v. THELMA RUPA

  • G.R. No. 130817 August 22, 2001 - PRESIDENTIAL AD HOC FACT-FINDING COMMITTEE ON BEHEST LOANS v. ANIANO A. DESIERTO, ET AL.

  • G.R. No. 138403 August 22, 2001 - PEOPLE OF THE PHIL. v. ROLLY C. ABULENCIA

  • G.R. Nos. 141712-13 August 22, 2001 - PEOPLE OF THE PHIL. v. EDMUNDO M. BOHOL

  • G.R. No. 143867 August 22, 2001 - PLDT v. CITY OF DAVAO, ET AL.

  • G.R. No. 128628 August 23, 2001 - ILDEFONSO SAMALA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 133749 August 23, 2001 - HERNANDO R. PEÑALOSA v. SEVERINO C. SANTOS

  • G.R. No. 133789 August 23, 2001 - PEOPLE OF THE PHIL. v. EDUARDO P. CHUA, ET AL.

  • G.R. No. 136506 August 23, 2001 - REPUBLIC OF THE PHIL. v. ANIANO A. DESIERTO, ET AL.

  • G.R. Nos. 137199-230 August 23, 2001 - PEOPLE OF THE PHIL. v. GEORGE J. ALAY-AY

  • G.R. No. 137842 August 23, 2001 - PEOPLE OF THE PHIL. v. DANILO H. CATUBIG

  • G.R. No. 138588 August 23, 2001 - FAR EAST BANK & TRUST COMPANY v. DIAZ REALTY INC.

  • G.R. No. 138022 August 23, 2001 - PEOPLE OF THE PHIL. v. PEDRO A. FRANCISCO

  • G.R. No. 144142 August 23, 2001 - YOLANDA AGUIRRE v. PEOPLE OF THE PHIL.

  • G.R. Nos. 138298 & 138982 August 24, 2001 - RAOUL B. DEL MAR v. PAGCOR, ET AL.

  • G.R. No. 131609 August 27, 2001 - PEOPLE OF THE PHIL. v. BONIFACIO PUERTA

  • A.M. No. RTJ-00-1571 August 28, 2001 - JESUS GUILLAS v. RENATO D. MUÑEZ

  • A.M. No. RTJ-01-1645 August 28, 2001 - VICTORINO S. SIANGHIO, JR. v. BIENVENIDO L. REYES

  • A.M. No. RTJ-01-1626 August 28, 2001 - JOSELITO D. FRANI v. ERNESTO P. PAGAYATAN

  • G.R. Nos. 100633 & 101550 August 28, 2001 - SOCORRO ABELLA SORIANO, ET AL v. COURT OF APPEALS, ET AL.

  • G.R. No. 114118 August 28, 2001 - SIMEON BORLADO, ET AL v. COURT OF APPEALS, ET AL.

  • G.R. No. 125728 August 28, 2001 - MARIA ALVAREZ VDA. DE DELGADO, ET AL v. COURT OF APPEALS, ET AL.

  • G.R. No. 129960 August 28, 2001 - PEOPLE OF THE PHIL. v. PEDRO CARIÑO

  • G.R. No. 131175 August 28, 2001 - JOVITO VALENZUELA, ET AL v. COURT OF APPEALS, ET AL.

  • G.R. No. 133056 August 28, 2001 - FACUNDO T. BAUTISTA v. PUYAT VINYL PRODUCTS

  • G.R. No. 140812 August 28, 2001 - CANDIDO ALFARO v. COURT OF APPEALS, ET AL.

  • G.R. No. 143256 August 28, 2001 - RODOLFO FERNANDEZ, ET AL. v. ROMEO FERNANDEZ, ET AL.

  • G.R. No. 144653 August 28, 2001 - BANK OF THE PHIL. ISLANDS v. COMMISSIONER OF INTERNAL REVENUE

  • A.M. No. P-00-1415-MeTC August 30, 2001 - OFFICE OF THE COURT ADMINISTRATOR v. TERESITA Q. ORBIGO-MARCELO

  • G.R. No. 111709 August 30, 2001 - PEOPLE OF THE PHIL. v. ROGER P. TULIN, ET AL.

  • G.R. No. 119811 August 30, 2001 - SOCORRO S. TORRES, ET AL. v. DEODORO J. SISON, ET AL.

  • G.R. No. 123980 August 30, 2001 - PEOPLE OF THE PHIL. v. MANUEL CALIMLIM

  • G.R. No. 127905 August 30, 2001 - PEOPLE OF THE PHIL. v. DANILO REMUDO

  • G.R. No. 129093 August 30, 2001 - JOSE D. LINA, ET AL. v. FRANCISCO DIZON PAÑO, ET AL.

  • G.R. No. 133113 August 30, 2001 - EDGAR H. ARREZA v. MONTANO M. DIAZ

  • G.R. No. 136280 August 30, 2001 - ORCHARD REALTY and DEV’T CORP. v. REPUBLIC OF THE PHIL, ET AL.

  • G.R. No. 139083 August 30, 2001 - FLORENCIA PARIS v. DIONISIO A. ALFECHE

  • G.R. No. 140229 August 30, 2001 - PEOPLE OF THE PHIL. v. HENRY BALMOJA

  • G.R. No. 140995 August 30, 2001 - PEOPLE OF THE PHIL. v. DANILO M. REGALA

  • G.R. No. 141128 August 30, 2001 - PEOPLE OF THE PHIL. v. ORPIANO DELOS SANTOS

  • G.R. No. 141283 August 30, 2001 - SEGOVIA DEVELOPMENT CORP. v. J.L. DUMATOL REALTY

  • G.R. No. 144442 August 30, 2001 - JESUS SALVATIERRA v. THE PEOPLE OF THE PHILIPPINES

  • A. M. No. 00-7-299-RTC August 31, 2001 - REQUEST FOR CONSOLIDATION OF CIVIL CASE NO. R-1692 RTC BR. 45

  • A.M. No. 00-8-03-SB August 31, 2001 - RE: UNNUMBERED RESOLUTION OF THE SANDIGANBAYAN RE ACQUISITION OF THREE [3] MOTOR VEHICLES FOR OFFICIAL USE OF JUSTICES

  • A.M. No. P-99-1316 August 31, 2001 - KENNETH S. NEELAND v. ILDEFONSO M. VILLANUEVA

  • G.R. Nos. 132548-49 August 31, 2001 - PEOPLE OF THE PHILIPPINES v. ALEJO MIASCO

  • G.R. No. 141211 August 31, 2001 - CITY WARDEN OF THE MANILA CITY JAIL v. RAYMOND S. ESTRELLA, ET AL.

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    A.M. No. RTJ-99-1506   August 9, 2001 - JOSEFINA MERONTOS Vda. de SAYSON v. OSCAR E. ZERNA

     
    PHILIPPINE SUPREME COURT DECISIONS

    THIRD DIVISION

    [A.M. No. RTJ-99-1506. August 9, 2001.]

    JOSEFINA MERONTOS Vda. de SAYSON, Complainant, v. Judge OSCAR E. ZERNA, Respondent.

    D E C I S I O N


    PANGANIBAN, J.:


    A temporary restraining order (TRO) may be issued ex parte by an executive judge in matters of extreme emergency, in order to prevent grave injustice and irreparable injury. Because such issuance of a TRO shall be effective only for seventy-two hours therefrom, as provided under Administrative Circular No. 20-95, the ex-parte issuance of a 20-day TRO is unauthorized and may make the judge administratively liable.chanrob1es virtua1 1aw 1ibrary

    The Case


    Before us is an administrative case arising from a verified Letter-Complaint 1 dated February 25, 1997, filed by Josefina Merontos vda. de Sayson against Judge Oscar E. Zerna of the Regional Trial Court of Lanao del Norte, Branch 7. In a letter 2 dated March 3, 1997, Public Attorney II Vermin M. Quimco of the Public Attorney’s Office, Iligan City, endorsed the Complaint to then Court Administrator Alfredo L. Benipayo. Attorney Quimco requested an investigation of the charges leveled against respondent; namely, gross ignorance of the law, gross misconduct and grave abuse of authority.

    The Facts


    The facts of this case are as follows.

    On June 7, 1996, respondent issued a Temporary Restraining Order 3 in Civil Case No. 07-373 in favor of the plaintiff, Napoleon Lee Sr.; and against the defendants — Francisco Lumayag, Jose Bravo and Ricardo Sayson — as well as their agents, heirs and representatives. The Order directed defendants to refrain from entering the parcel of land covered by OCT No. P-11750, registered under the plaintiff’s name in the Registry of Deeds of Lanao del Norte. The disputed lot, which is situated in Barangay Gumagamot, Lala, Lanao del Norte, has an area of 10,741 sq m. It is bounded southeast, southwest, and northwest by the Gumagamot River; and northeast by the property claimed by herein complainant.chanrob1es virtua1 1aw 1ibrary

    On June 9, 1996, the TRO was served upon complainant by Deputy Sheriff Conrado Hingco Jr., who thereafter entered her two-hectare fishpond and harvested prawn and fish products from it.

    In her verified Letter-Complaint, complainant sought injunction and damages from respondent, whom she charged with bad faith in the issuance of the TRO without notice and hearing. She claims that the TRO was issued "with patent violation and disregard of the constitutional right of due process of the undersigned who is not even a party to the case," and that it was a "clear disregard and disobedience to Supreme Court Circular No. 20-95 prohibiting judges from issuing Temporary Restraining Orders (TROs) without the observance of the mandatory requirement of notice and summary hearing of the parties concerned." In her words:jgc:chanrobles.com.ph

    "That on or about the second week of June 1996, while he was actually acting and performing his functions and duties as [p]residing [j]udge of RTC Branch 07, Tubod, Lanao del Norte, with apparent and manifest bias in favor of the plaintiff in Civil Case No. 07-373, in the person of Napoleon Lee Sr., and with patent violation and disregard of the constitutional right of due process of the undersigned who is not even a party to the case, said Judge Oscar Zerna, wilfully, wrongfully, and if not with gross ignorance of the constitution and pertinent law, and clear disregard and disobedience to Supreme Court Circular No: 20-95 prohibiting judges from issuing Temporary Restraining Orders (TROs) without the observance of the mandatory requirement of notice and summary hearing of the parties concerned, did actual[ly] issue and promulgate a temporary restraining order. A certified copy of said restraining order which would speak for itself is hereto attached as Annex A of this verified complaint.

    "That is the very same temporary restraining order utilized by Sheriff Conrado Hingco Jr. the [p]rovincial [s]heriff of Judge Oscar Zerna, in entering . . . the land that I possessed and titled to my name, right after the issuance of said TRO, and capitalizing on my ignorance/innocence about legal process, he deceived me and my family to believe that such order authorize[d] him to harvest the prawn and fishpond products we introduced in my said fishpond. . . .

    "That as the restraining order speaks for itself, neither [complainant] nor any of the defendants were afforded by Judge Zerna . . . due process which includes the opportunity to be notified and heard in a summary hearing as required by the cited Supreme Court circular before issuance of the same." 4

    In his Comment dated July 15, 1997, respondent denied that the TRO was issued with ignorance of the law and abuse of authority. He contended:jgc:chanrobles.com.ph

    "On June 7, 1996, a complaint was filed by plaintiff Napoleon T. Lee, Sr. versus Francisco Lumayag, Jose Bravo alias ‘Joe’ and Ricardo Sayson for Injunction and Damages. The plaintiff alleged that he [was] an owner of a certain parcel of land at Barangay Gumagamot with an area of 10,741 sq. m., which is bounded on the S.E., S.W., and N.W., along lines 1-2-3-4-5-6-7-8-9 by Gumagamot River and on the N.E., along lines 9-10-11-12-13-14-1[, a] property claimed by Josefina Sayson. — Plaintiff further alleged that he ha[d] title of ownership over the land as evidenced by OCT No. (KATIBAYAN NG ORIGINAL NA TITULO) No. P-11,750, Kaloob na Patente Blg. 123509-195-216, as registered in the Registry of Deeds of Lanao del Norte . . .chanrob1es virtua1 1aw 1ibrary

    "Upon receipt of the complaint and finding [that] the subject matter of this case was the harvest of the prawn over the lot in question,. the Court issued a Temporary Restraining Order as prayed for considering the perishable nature of the prawn and the ready buyer during the harvest by enjoining the defendants for a period of 20 days from harvesting the same. The defendants complained of the issuance of Temporary Restraining Order even charging the [c]ourt of ignorance of the law by citing Administrative Circular No. 20-95-that the [c]ourt did not conduct summary hearing with notice within 24 hours[;] however the [c]ourt did not also [lose] sight of the fact that in his opinion the matter was of extreme urgency considering the perishable nature of the prawn and its ready buyer. This is also provided for in par. 3 of said Circ. No. 20-95 in that if the matter is of extreme urgency and that grave injustice and irreparable injury will arise, the [e]xecutive [j]udge shall issue a Temporary Restraining Order effective only for 20 days from its issuance." 5

    Recommendation of the Court Administrator

    After evaluating the pleadings and the records filed by the parties, the court administrator found that respondent was remiss in the performance of his duties. He granted the TRO effective, not for seventy-two hours as prescribed by law in cases of extreme urgency, but for the maximum of 20 days; and he did so without conducting beforehand a summary hearing, as required under Administrative Circular No. 20-95.cralaw : red

    He recommends that respondent judge be fined P5,000 and "sternly warned that a repetition of the same or similar offense will be dealt with more severely." 6

    The Court’s Ruling


    We agree with the court administrator. Administrative Circular No. 20-95 requires that an application for a TRO shall be acted upon, only after all parties are heard in a summary hearing. It clearly provides:jgc:chanrobles.com.ph

    "SUBJECT: RE: SPECIAL RULES FOR TEMPORARY RESTRAINING ORDERS AND PRELIMINARY INJUNCTIONS.

    "1. Where an application for temporary restraining order (TRO) or writ of preliminary injunction is included in a complaint or any initiatory pleading filed with the trial court, such complaint or initiatory pleading shall be raffled only after notice to the adverse party and in the presence of such party or counsel.

    "2. The application for a TRO shall be acted upon only after all parties are heard in a summary hearing conducted within twenty-four (24) hours after the records are transmitted to the branch selected by raffle. The records shall be transmitted immediately after raffle.chanrob1es virtua1 1aw 1ibrary

    "3. If the matter is of extreme urgency, such that unless a TRO is issued, grave injustice and irreparable injury will arise, the Executive Judge shall issue the TRO effective only for seventy-two (72) hours from issuance but shall immediately summon the parties for conference and immediately raffle the case in their presence. Thereafter, before the expiry of the seventy-two (72) hours, the Presiding Judge to whom the case is assigned shall conduct a summary hearing to determine whether the TRO can be extended for another period until a hearing [o]n the pending application for preliminary injunction can be conducted. In no case shall the total period . . . exceed twenty (20) days, including the original seventy-two (72) hours, for the TRO issued by the Executive Judge.

    x       x       x"

    The Circular aims to restrict the ex parte issuance of a TRO only to cases of extreme urgency, in order to avoid grave injustice and irreparable injury. 7 Such TRO shall be issued only by the executive judge and shall take effect only for seventy-two (72) hours from its issuance. Furthermore, within the said period, a summary hearing shall be conducted to determine whether the Order can be extended for another period until a hearing on the pending application for preliminary injunction can be conducted.chanrob1es virtua1 1aw 1ibrary

    Untenable is respondent judge’s contention that the Circular allows an executive judge, in case of extreme urgency, to issue an ex parte TRO effective for twenty days. Judges should be diligent in keeping abreast of developments in law and jurisprudence, consistent with the mandate that the study of law is a never-ending process. 8

    In Golangco v. Villanueva, 9 the Court held that the judge’s disregard of the Supreme Court’s pronouncement on TROs was not just ignorance of the prevailing rule, but also misconduct and grave abuse of authority. To be punishable, however, ignorance of the law must be motivated by bad faith, fraud, dishonesty or corruption. 10 We find bad faith and dishonesty on the part of respondent judge. He avers in his Comment that there was extreme urgency in the ex parte TRO because the prawns, which were subject to spoilage, were perishable; and the buyer was already waiting for the harvest. But Napoleon Lee’s Complaint did not contain such allegations. Nowhere was there any mention of the immediate need of harvesting prawns or any produce from the disputed property. Obviously, respondent is now clutching at straws. He had no justifiable reason at all in immediately issuing the 20-day TRO.

    Besides, the TRO was clearly rushed. Just a day after the plaintiff’s Complaint was filed on the afternoon of June 7, 1996 the TRO was issued and served on herein complainant, without any effort to notify the defendants or to schedule a summary hearing.chanrob1es virtua1 1aw 1ibrary

    WHEREFORE, Judge Oscar E. Zerna is hereby found LIABLE for gross ignorance of the law, misconduct and grave abuse of discretion and fine P5,000 with a WARNING that a repetition of the same or a similar offense will be dealt with more severely.

    SO ORDERED.

    Melo, Vitug and Gonzaga-Reyes, JJ., concur.

    Sandoval-Gutierrez, J., is on leave.

    Endnotes:



    1. Rollo, pp. 2-3.

    2. Ibid, p. 1.

    3. Ibid, pp. 4-5.

    4. Rollo, pp. 8-9.

    5. Rollo, p. 8.

    6. Rollo, p. 24.

    7. Abundo v. Manio Jr., 312 SCRA 1, 19, August 6, 1999.

    8. Hold Departure Order Issued by Judge Felipe M. Abalos, 319 SCRA 131, 133, November 25, 1999; Gacayan v. Pamintuan, 314 SCRA 682, 702, September 17, 1999; Domingo v. Reyes, 308 SCRA 537, 542, June 21, 1999.

    9. 278 SCRA 414, 422-423, September 4, 1997. See also Adao v. Lorenzo, 316 SCRA 570, 579, October 13, 1999.

    10. Abundo v. Manio Jr., supra, pp. 19-20.

    A.M. No. RTJ-99-1506   August 9, 2001 - JOSEFINA MERONTOS Vda. de SAYSON v. OSCAR E. ZERNA


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