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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
 

   
February-2013 Jurisprudence                 

  • A.M. OCA IPI No. 12-201-CA-J, February 19, 2013 - ETHELWOLDO E. FERNANDEZ, ANTONIO A. HENSON AND ANGEL S. ONG, Complainants, v. COURT OF APPEALS ASSOCIATE JUSTICES RAMON M. BATO, JR., ISAIAS P. DICDICAN AND EDUARDO B. PERALTA, JR., Respondents.

  • A.C. No. 9310, February 27, 2013 - VERLEEN TRINIDAD, FLORENTINA LANDER, WALLY CASUBUAN, MINERVA MENDOZA, CELEDONIO ALOJADO, ROSENDO VILLAMIN AND AUREA TOLENTINO, Complainants, v. ATTY. ANGELITO VILLARIN, Respondents.

  • G.R. No. 151334, February 13, 2013 - CAROLINA (CARLINA) VDA. DE FIGURACION, HEIRS OF ELENA FIGURACION-ANCHETA, NAMELY: LEONCIO ANCHETA, JR., AND ROMULO ANCHETA, HEIRS OF HILARIA A. FIGURACION, NAMELY: FELIPA FIGURACION-MANUEL, MARY FIGURACION-GINEZ, AND EMILIA FIGURACION-GERILLA, AND HEIRS OF QUINTIN FIGURACION, NAMELY: LINDA M. FIGURACION, LEANDRO M. FIGURACION, II, AND ALLAN M. FIGURACION, Petitioners, v. EMILIA FIGURACION-GERILLA, Respondents.

  • G.R. No. 154083, February 27, 2013 - OFFICE OF THE OMBUDSMAN, Petitioner, v. SAMSON DE LEON, Respondents.

  • G.R. No. 157086, February 18, 2013 - LEPANTO CONSOLIDATED MINING COMPANY, Petitioner, v. THE LEPANTO CAPATAZ UNION, Respondents.

  • G.R. No. 158649, February 18, 2013 - SPOUSES QUIRINO V. DELA CRUZ AND GLORIA DELA CRUZ, Petitioners, v. PLANTERS PRODUCTS, INC., Respondents.

  • G.R. No. 159823, February 18, 2013 - TEODORO A. REYES, Petitioner, v. ETTORE ROSSI, Respondents.

  • G.R. No. 161596, February 20, 2013 - ROBERTO BORDOMEO, JAYME SARMIENTO AND GREGORIO BARREDO, Petitioners, v. COURT OF APPEALS, HON. SECRETARY OF LABOR, AND INTERNATIONAL PHARMACEUTICALS, INC., Respondents.

  • G.R. Nos. 164155 and 175543, February 25, 2013 - FORT BONIFACIO DEVELOPMENT CORPORATION, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondents.

  • G.R. No. 164662, February 18, 2013 - MARIA LOURDES C. DE JESUS, Petitioner, v. HON. RAUL T. AQUINO,PRESIDING COMMISSIONER, NATIONAL LABOR RELATIONS COMMISSION, SECOND DIVISION, QUEZON CITY,AND SUPERSONIC SERVICES, INC., Respondents.; G.R. NO. 165787 - SUPERSONIC SERVICES, INC., Petitioner, v. MARIA LOURDES C. DE JESUS, Respondents.

  • G.R. No. 168703, February 26, 2013 - RAMON G. NAZARENO, Petitioner, v. MAERSK FILIPINAS CREWING INC., AND ELITE SHIPPING A/S, Respondents.

  • G.R. No. 166282, February 13, 2013 - HEIRS OF FE TAN UY (REPRESENTED BY HER HEIR, MANLING UY LIM), Petitioners, v. INTERNATIONAL EXCHANGE BANK, RESPONDENT. - G.R. NO. 166283 - GOLDKEY DEVELOPMENT CORPORATION, PETITIONER. VS. INTERNATIONAL EXCHANGE BANK, Respondents.

  • G.R. No. 169677, February 18, 2013 - METROPOLITAN BANK AND TRUST COMPANY, AS SUCCESSOR-IN-INTEREST OF ASIAN BANK CORPORATION, Petitioner, v. HON. EDILBERTO G. SANDOVAL, HON. FRANCISCO H. VILLARUZ, JR. AND HON. RODOLFO A. PONFERRADA (IN THEIR CAPACITIES AS CHAIRMAN AND MEMBERS, RESPECTIVELY, OF THE SECOND DIVISION OF SANDIGANBAYAN) AND THE REPUBLIC OF THE PHILIPPINES, Respondents.

  • G.R. No. 173357, February 13, 2013 - ROWENA DE LEON CRUZ, Petitioner, v. BANK OF THE PHILIPPINE ISLANDS, Respondents.

  • G.R. No. 173489, February 25, 2013 - ALILEM CREDIT COOPERATIVE, INC., NOW KNOWN AS ALILEM MULTIPURPOSE COOPERATIVE, INC., Petitioner, v. SALVADOR M. BANDIOLA, JR., Respondents.

  • G.R. No. 173987, February 25, 2013 - PADILLA MERCADO, ZULUETA MERCADO, BONIFACIA MERCADO, DAMIAN MERCADO AND EMMANUEL MERCADO BASCUG, Petitioners, v. SPOUSES AGUEDO ESPINA AND LOURDES ESPINA, Respondents.

  • G.R. No. 175369, February 27, 2013 - TEGIMENTA CHEMICAL PHILS. AND VIVIAN ROSE D. GARCIA, Petitioners, v. MARY ANNE OCO, Respondents.

  • G.R. No. 175108, February 27, 2013 - CHINA BANKING CORPORATION, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondents.

  • G.R. No. 175602, February 13, 2013 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. P02 EDUARDO VALDEZ AND EDWIN VALDEZ, Accused-Appellants.

  • G.R. No. 175876, February 20, 2013 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. TOMAS TEODORO Y ANGELES, Accused-Appellant.

  • G.R. No. 177116, February 27, 2013 - ASIAN TERMINALS, INC., Petitioner, v. SIMON ENTERPRISES, INC., Respondents.

  • G.R. No. 178065, February 20, 2013 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ARNOLD TAPERE Y POLPOL, Accused-Appellant.

  • G.R. No. 179965, February 20, 2013 - NICOLAS P. DIEGO, Petitioner, v. RODOLFO P. DIEGO AND EDUARDO P. DIEGO, Respondents.

  • G.R. No. 180269, February 20, 2013 - JOSE Z. CASILANG, SR., SUBSTITUTED BY HIS HEIRS, NAMELY: FELICIDAD CUDIAMAT VDA. DE CASILANG, JOSE C. CASILANG, JR., RICARDO C. CASILANG, MARIA LOURDES C. CASILANG, CHRISTOPHER C. CASILANG, BEN C. CASILANG, DANTE C. CASILANG, GREGORIO C. CASILANG, HERALD C. CASILANG; AND FELICIDAD Z. CASILANG, MARCELINA Z. CASILANG, JACINTA Z. CASILANG, BONIFACIO Z. CASILANG, LEONORA Z. CASILANG, AND FLORA Z. CASILANG, Petitioners, v. ROSARIO Z. CASILANG-DIZON, MARIO A. CASILANG, ANGELO A. CASILANG, RODOLFO A. CASILANG, AND ATTY. ALICIA B. FABIA, IN HER CAPACITY AS CLERK OF COURT AND EX-OFFICIO SHERIFF OF PANGASINAN AND/OR HER DULY AUTHORIZED REPRESENTATIVE, Respondents.

  • G.R. No. 180677, February 18, 2013 - VICTORIO P. DIAZ, Petitioner, v. PEOPLE OF THE PHILIPPINES AND LEVI STRAUSS [PHILS.], INC., Respondents.

  • G.R. No. 180882, February 27, 2013 - THE BAGUIO REGREENING MOVEMENT, INC., REPRESENTED BY ATTY. ERDOLFO V. BALAJADIA; CITY ENVIRONMENT AND PARKS MANAGEMENT OFFICE, REPRESENTED BY ITS OFFICER-IN-CHARGE, CORDELIA C. LACSAMANA; AND THE BUSOL FOREST RESERVATION TASK FORCE, REPRESENTED BY ITS TEAM LEADER, VICTOR DICTAG, Petitioners, v. ATTY. BRAIN MASWENG, IN HIS CAPACITY AS REGIONAL HEARING OFFICER, NCIP-CAR; ELIZABETH MAT-AN, FOR HERSELF AND AS REPRESENTATIVE OF THE HEIRS OF RAFAEL; JUDITH MARANES, FOR HERSELF AND AS REPRESENTATIVE OF THE HEIRS OF MOLINTAS; HELEN LUBOS, FOR HERSELF AND AS REPRESENTATIVE OF THE HEIRS OF KALOMIS; MAGDALENA GUMANGAN QUE, FOR HERSELF AND AS REPRESENTATIVE OF THE HEIRS OF GUMANGAN; SPOUSES ALEXANDER AMPAGUEY AND LUCIA AMPAGUEY; AND SPOUSES CARMEN PANAYO AND MELANIO PANAYO, Respondents.

  • G.R. No. 181354, February 27, 2013 - SIMON A. FLORES, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondents.

  • G.R. No. 182152, February 25, 2013 - PEOPLE OF THE PHILIPPINES AND MIRIAM RUTH T. MAGSINO, Petitioners, v. PO1 RICARDO P. EUSEBIO, SPO2 ROMEO ISIDRO, AND JOJIT GEORGE CONTRERAS, Respondents.

  • G.R. No. 182431, February 27, 2013 - LAND BANK OF THE PHILIPPINES, Petitioner, v. ESTHER ANSON RIVERA, ANTONIO G. ANSON AND CESAR G. ANSON, Respondents.

  • G.R. No. 183102, February 27, 2013 - MACARIO DIAZ CARPIO, Petitioner, v. COURT OF APPEALS, SPOUSES GELACIO G. ORIA AND MARCELINA PRE ORIA, Respondents.

  • G.R. No. 184487, February 27, 2013 - HON. MEDEL ARNALDO B. BELEN, IN HIS OFFICIAL CAPACITY AS PRESIDING JUDGE OF THE REGIONAL TRIAL COURT, BRANCH 36, 4TH JUDICIAL REGION, CALAMBA CITY, Petitioner, v. JOSEF ALBERT S. COMILANG, Respondents.

  • G.R. No. 184681, February 25, 2013 - GERRY A. SALAPUDDIN, Petitioner, v. THE COURT OF APPEALS, GOV. JUM AKBAR, AND NOR-RHAMA J. INDANAN, Respondents.

  • G.R. No. 188363, February 27, 2013 - ALLIED BANKING CORPORATION, Petitioner, v. BANK OF THE PHILIPPINE ISLANDS, Respondents.

  • G.R. No. 188849, February 13, 2013 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JONATHAN "UTO" VELOSO Y RAMA, Accused-Appellant.

  • G.R. No. 188969, February 27, 2013 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JOHN ALVIN PONDIVIDA, Accused-Appellant.

  • G.R. No. 193804, February 27, 2013 - SPOUSES NILO RAMOS AND ELIADORA RAMOS, Petitioners, v. RAUL OBISPO AND FAR EAST BANK AND TRUST COMPANY, Respondents.

  • G.R. No. 194168, February 13, 2013 - LAND BANK OF THE PHILIPPINES, Petitioner, v. SPOUSES PLACIDO AND CLARA DY ORILLA, Respondents.

  • G.R. No. 195825, February 27, 2013 - SPOUSES ALFONSO AND MARIA ANGELES CUSI, Petitioners, v. LILIA V. DOMINGO, Respondent. : G.R. NO. 195871 - RAMONA LIZA L. DE VERA, Petitioner, v. LILIA V. DOMINGO AND SPOUSES RADELIA AND ALFRED SY, Respondents.

  • A.C. No. 7350 - Patrocinio V. Agbulos v. Atty. Roseller A. Viray

  • A.M. No. 10-2-41-RTC - Missing Exhibits and Court Properties in Regional Trial Court, Br. 4, Panabo City, Davao del Norte

  • A.M. OCA-IPI No. 07-2618-RTJ - A.M. OCA-IPI No. 07-2619-RTJ - A.M. OCA-IPI No. 07-2652-RTJ - A.M. OCA-IPI No. 07-2720-RTJ - A.M. OCA-IPI No. 07-2721-RTJ - A.M. OCA-IPI No. 08-2808-RTJ - Eduardo Panes, Jr. et al. v. Judge Oscar E. Dinopol, RTC, Branch 24, Koronadal City; Joewe Palad v. Judge Oscar E. Dinopol, RTC, Branch 24, Koronadal City; Roque C. Facura, et al. v. Judge Oscar E. Dinopol, RTC, Branch 24, Koronadal City; Eden V. Castro v. Judge Oscar E. Dinopol, RTC, Branch 24, Koronadal City; Rosalinda G. Farofaldane v. Judge Oscar E. Dinopol, RTC, Branch 24, Koronadal City; Engr. Roque C. Facura, et al. v. Judge Oscar E. Dinopol, RTC, Branch 24, Koronadal City

  • A.M. No. MTJ-10-1771 - Victoriano G. Manlapaz v. Judge Manuel T. Sabillo, MCTC, Lamitan, Basilan

  • A.M. No. MTJ-12-1818 - Atty. Manuel J. Jimenez, Jr. v. Presiding Judge Michael M. Amdengan, Municipal Trail Court, Angono Rizal

  • A.M. No. 10-9-15-SC - Re: Request of (Ret.) Chief Justice Artemio V. Panganiban for Re-Computation of his Creditable Service for the Purpose of Re-Computing his Retirement Benefits.

  • A.M. No. P-11-2967 - Erlinda C. Mendoza v. Pedro S. Esguerra, Process Server, RTC, Br. 89, Sto. Domingo, Nueva Ecija

  • G.R. No. 145336 - Reynante Tadeja, et al. v. People of the Philippines

  • A.M. No. P-12-3032 - Ray Antonio C. Sasing v. Celestial Venus G. Gelbolingo, Sheriff IV, RTC, Branch 20, Cagayan de Oro City

  • G.R. No. 169253 - Pacifico C. Velasco v. The Hon. Sandiganbayan (Fifth Division) and The People of the Philippines

  • G.R. No. 163037 - Philippine Long Distance Telephone Company, Inc. v. Eastern Telecom Philippines

  • G.R. No. 172044 - Cavite Apparel, Inc., et al. v. Michelle Marquez

  • G.R. No. 169899 - Philacor Credit Corporation v. Commissioner of Internal Revenue

  • G.R. No. 174385 - Republic of the Philippines v. Hon. Ramon S. Caguiao, etc., et al.

  • G.R. No. 177158 - People of the Philippines v. Linda Alviz y Yatco and Elizabeth Dela Vega y Bautista

  • G.R. No. 179096 - Joseph Goyanko, Jr., as administrator of the Estate of Joseph Goyanko, Sr. v. United Coconut Planters Bank, Mango Avenue Branch

  • G.R. No. 179965 - Nicolas P. Diego v. Rodolfo P. Diego and Eduardo P. Diego

  • G.R. No. 180325 - O. Ventanilla Enterprises Corporation v. Adelina S. Tan and Sheriff Reynante G. Velasquez, Presiding Judge

  • G.R. No. 182358 - Department of Health, et al. v. Phil Pharmawealth, Inc.

  • G.R. No. 183102 - Macario Diaz Carpio v. Court of Appeals, spouses Gelacio G. Gloria and Marcelina Pre Oria

  • G.R. No. 187474 - Government Service Insurance System v. Marilou Alcaraz

  • G.R. No. 187496 - People of the Philippines v. Malik Manalao y Alauya

  • G.R. No. 187919 - Rafael H. Galvez and Katherine L. Guy v. Asia United Bank; G.R. No. 187979 - Asia United Bank v. Gilbert, et al.; G.R. No. 188030 - Gilbert Guy, et al. v. Asia Untied Bank

  • G.R. No. 188551 - Edmundo Escamilla y Jugo v. People of the Philippines

  • G.R. No. 188659 - Heirs of Manuel H. Ridad, et al. v. Gregorio Araneta University Foundation

  • G.R. No. 187485 - Commissioner of Internal Revenue v. San Roque Power Corporation; G.R. No. 196113 - Taganito Mining Corporation v. Commissioner of Internal Revenue; G.R. No. 197156 - Philex Mining Corporation v. Commissioner of Internal Revenue

  • G.R. No. 190343 - People of the Philippines v. Saiben Langcua y Daimla

  • G.R. No. 191023 - Don Djowel Sales y Abalahin v. People of the Philippines

  • G.R. No. 191644 - Dennis A.B. Funa v. Acting Secretary of Justice Alberto C. Agra, etc., et al.

  • G.R. No 191726 - People of the Philippines v. Noel Bartolome y Bajo

  • G.R. No. 191740 - Susana R. Sy v. Philippine Transmarine Carriers, Inc., and/or SSC Ship Management Pte., Ltd

  • G.R. No. 193314 - Svetlana P. Jalosjos v. Commission on Elections, Edwin Elim Tupag

  • G.R. No. 194578 - Philip Sigrid A. Fortun v. Prima Jesusa B. Quinsayas, et al.

  • G.R. No. 195032 - Isabelo A. Braza v. The Honorable Sandiganbayan (1st Division)

  • G.R. No. 195198 - Loreli LIm Po v. Department of the Justice, et al.; G.R. No. 197098 - Antonio ng Chiu v. Court of Appeals, et al.

  • G.R. No. 197003 - Nerie C. Serrano v. Ambassador Hotel, Inc. and Yolanda Chan

  • G.R. No. 196577 - Land Bank of the Philippines v. Barbara Sampaga Poblete

  • G.R. No. 197299 - Office of the Ombudsman v. Rodrigo V. Mapoy and Don Emmanuel R. Regalario

  • G.R. No. 198115 - People of the Philippines v. Jose Alex Secreto y Villanueva

  • G.R. No. 198794 - People of the Philippines v. Victor De Jesus y Garcia

  • G.R. No. 199781 - Licomcen, Inc. v. Engr. Salvador Abainza, etc.

  • G.R. No. 204528 - Secretary Leila M. De Lima, Director Nonnatus R. Rojas and Deputy Director Reynaldo O. Esmeralda v. Magtanggol B. Gatdula

  • A.M. No. MTJ-11-1801 (Formerly OCA I.P.I. No. 11-2438 MTJ), February 27, 2013 - ANONYMOUS, Complainant, v. JUDGE RIO C. ACHAS, MUNICIPAL TRIAL COURT IN CITIES, BRANCH 2, OZAMIZ CITY, MISAMIS OCCIDENTAL, Respondents.

  • G.R. No. 201167, February 27, 2013 - GOTESCO PROPERTIES, INC., JOSE C. GO, EVELYN GO, LOURDES G. ORTIGA, GEORGE GO, AND VICENTE GO, Petitioners, v. SPOUSES EUGENIO AND ANGELINA FAJARDO, Respondents.

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    A.M. No. MTJ-12-1818 - Atty. Manuel J. Jimenez, Jr. v. Presiding Judge Michael M. Amdengan, Municipal Trail Court, Angono Rizal

      A.M. No. MTJ-12-1818 - Atty. Manuel J. Jimenez, Jr. v. Presiding Judge Michael M. Amdengan, Municipal Trail Court, Angono Rizal

    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    A.M. No. MTJ-12-1818 : February 13, 2013
    [Formerly OCA I.P.I. No. 10-2265-MT J-P]

    ATTY. MANUEL J. JIMENEZ, JR., Complainant, v. JUDGE MICHAEL M. AMDENGAN, Presiding Judge, Municipal Trial Court, Angono, Rizal, Respondents.

    R E S O L U T I O N

    SERENO, C.J.:

    Complainant Atty. Manuel J. Jimenez, Jr. (complainant) is the lawyer and attorney-in-fact of Olivia G. Merced, the plaintiff in the ejectment case docketed as Civil Case No. 001-09. The case is pending before the Municipal Trial Court (MTC), Angono, Rizal, presided by respondent Judge Michael M. Amdengan (respondent judge).

    The Facts of the Case

    The plaintiff Merced filed with the MTC an ejectment Complaint against the defendant Nelson Cana on 23 January 2009. 1 Summons was duly served on the defendant on 02 February 2009 per certification of the lower court's process server.2 Despite the summons, the defendant did not file an Answer to the Complaint. As a result, the plaintiff filed a Motion for Judgment3 asking for the grant of the reliefs prayed for in her Complaint. The Motion was opposed by the defendant and, on 22 July 2009, was denied by the MTC, which considered him to have voluntarily submitted to its jurisdiction. Consequently, it granted him 10 days to file his Answer,4 which he did on 17 August 2009, stating therein his affirmative defenses.5?r?l1

    The preliminary conference of the parties was originally set by the MTC on 25 September 2009, but was later reset to 16 October 2009. During the preliminary conference, respondent judge referred the case for mediation. Due to the inability of the parties to arrive at a settlement, the case was referred back to the MTC for trial on the merits. On 04 December 2009, respondent ordered the parties to file their respective position papers within 30 days, after which the case was to be submitted for resolution.6 On 04 January 2010, the parties simultaneously filed their Position Papers under the Rules of Summary Procedure.7?r?l1

    It was only on 17 February 2010 that respondent judge issued an order submitting the case for decision.8 On 03 March 2010, he promulgated his ruling,9 in which he noted that the plaintiff had failed to refer her Complaint to the Lupon for the mandatory barangay conciliation proceedings as required under the Revised Katarungang Pambarangay Law. Thus, her ejectment Complaint was dismissed without prejudice.10?r?l1

    On 07 April 2010, complainant filed the instant administrative case charging respondent judge with (1) gross inefficiency and negligence and (2) gross ignorance of law and jurisprudence. Complainant specifically alleged that respondent was guilty of gross inefficiency for failing to resolve the ejectment case within a period of 30 days as mandated under the Rules of Summary Procedure. Likewise, the latter was charged with gross ignorance of law for having dismissed the case on the ground of failure to comply with the barangay conciliation procedure.

    On 06 May 2010, the Office of the Court Administrator (OCA) required respondent judge to file his Comment on the Complaint-Affidavit within 10 days. In the Comment he filed on 06 July 2010, he answered the first charge of gross inefficiency by admitting that after the ejectment case was deemed submitted for resolution on 04 January 2010, he indeed failed to resolve it within the prescribed 30-day period. Although he offered no excuse for that lapse, he prayed that whatever sanction would be given to him must be tempered and mitigated by mercy and compassion, given that he was already 69 years old and already blind in his left eye.11?r?l1

    On the second charge of gross ignorance of the law, he believed that in the event his ruling was not in accordance with law and jurisprudence, complainant should have availed himself of the proper remedies under the rules, instead of resorting to an administrative Complaint,12 which should thus be dismissed. On 30 July 2012, complainant rebutted these allegations in his Reply to the Comment of respondent judge. On 19 August 2012, the latter filed his Rejoinder

    The Findings of the OCA

    On 31 August 2010, the OCA promulgated its report and recommendation on the case. It found respondent judge guilty of gross inefficiency for having failed to resolve the ejectment case within the prescribed 30-day period after the filing of the parties respective Position Papers, pursuant to Rule 70 of the Rules of Court and the 1991 Revised Rules on Summary Procedure. As he had incurred a one-month delay in resolving the ejectment case, it recommended that he be fined P20,000 pursuant to Sections 9 and 11, Rule 140 of the Rules of Court.13?r?l1

    The OCA found no merit in the charge of gross ignorance of the law allegedly committed by respondent judge for dismissing the ejectment Complaint on the ground that it had not been referred to the Lupon. It noted that complainant was already assailing the propriety of the Order, which it deemed to be judicial in nature. It held that the proper remedy for correcting the actions of judges should rest on judicial adjudication, and not on the filing of administrative complaints against them. Thus, the second charge was dismissed for being judicial in nature.

    The OCA noted that respondent had previously been fined ?20,000 for gross ignorance of law and/or procedure in the administrative case Atty. Pablo B. Francisco v. Judge Michael M. Amdengan, docketed as A.M. No. MTJ-09-1739. In that ejectment case, respondent entertained a motion to suspend proceedings similar to a Motion for Postponement, a prohibitive pleading under the Rules on Summary Procedure.14?r?l1

    Our Ruling

    After a thorough review of the records, we AFFIRM the OCA findings in part.

    It was sufficiently established that respondent judge committed undue delay in rendering a Decision in the subject ejectment Complaint. An action for ejectment is governed by the Rules of Summary Procedure, Section 10 of which provides:cralawlibrary

    Sec. 10. Rendition of judgment.- Within thirty (30) days after receipt of the last affidavits and position papers, or the expiration of the period for filing the same, the court shall render judgment.

    However should the court find it necessary to clarify certain material facts, it may, during the said period, issue an order specifying the matters to be clarified, and require the parties to submit affidavits or other evidence on the said matters within ten (10) days from receipt of said order. Judgment shall be rendered within fifteen (15) days after the receipt of the last clarificatory affidavits, or the expiration of the period for filing the same.

    The court shall not resort to the clarificatory procedure to gain time for the rendition of the judgment.

    This provision is mandatory, considering the nature of an ejectment case as we have explained in Teroa v. Hon. Antonio de Sagun.15 We quote below the pertinent portion of that Decision:cralawlibrary

    The strict adherence to the reglementary period prescribed by the RSP [Rules on Summary Procedure] is due to the essence and purpose of these rules. The law looks with compassion upon a party who has been illegally dispossessed of his property. Due to the urgency presented by this situation, the RSP provides for an expeditious and inexpensive means of reinstating the rightful possessor to the enjoyment of the subject property. This fulfills the need to resolve the ejectment case quickly.

    Despite the simultaneous submissions of the parties respective Position Papers on 04 January 2010, respondent judge through an Order dated 17 February 2010 still submitted the case for decision. By that time, the mandatory period of 30 days within which to render judgment on the case had already lapsed. By issuing the Order dated 17 February 2010 purportedly submitting the case for decision, he was subverting Section 10 of the Rules on Summary Procedure. Respondent considered his Order the start of the 30-day period within which to render a decision. The ruling was already due on 04 February 2010, reckoned from the date the parties last filed their respective Position Papers. He could not have extended the period by the mere issuance of an Order, when the rules clearly provide for a mandatory period within which to decide a case. Hence, he was guilty of undue delay in rendering a decision.

    Under Section 9, Rule 140 of the Rules of Court, undue delay in rendering a decision or an order is classified as a less serious charge, punishable by either suspension from office without salary and other benefits for not less than one ( 1) nor more than three (3) months, or a fine of more than P1 0,000 but not exceeding P20,000. 16 We take into consideration his candid admission and acceptance of his infraction as factors in imposing only a fine. We also take into account his age and frail health, although these factors do not in any way absolve him from liability or excuse him from diligently fulfilling his duties.

    As for the dismissal of the charge of gross ignorance of the law, we sustain the OCA's recommendation. Indeed, complainant is already assailing the propriety of the Decision rendered by respondent judge. The administrative Complaint, however, contains no allegation that the dismissal of the ejectment case was marred by unethical behavior on his part. Thus, an administrative complaint against him is not the proper remedy to assail his judgment.

    In Rodriguez v. Judge Rodolfo S. Gatdula, 17 we have explained that administrative complaints against judges cannot be pursued simultaneously with the judicial remedies accorded to parties aggrieved by the erroneous orders or judgments of the former. Administrative remedies are neither alternative to judicial review nor do they cumulate thereto, where such review is still available to the aggrieved parties and the case has not yet been resolved with finality. In the instant case, complainant had the available remedy of appeal when her ejectment Complaint was dismissed. Hence, the OCA correctly dismissed the second charge against respondent judge.

    WHEREFORE, we. AFFIRM the findings of the OCA and ADOPT its recommendations with modification, as follows:cralawlibrary

    1) Finding respondent Judge Michael M. Amdengan GUILTY of Undue Delay in Rendering a Decision and accordingly FINE him in the amount of PI 0,000 with a STERN WARNING that a repetition of the same or a similar act will be dealt with more severely; and

    2) DISMISSING the charge of gross ignorance of the law for being judicial in nature. ???r?bl???r??ll??l?br?r

    SO ORDERED.


    Endnotes:


    1 Rollo, Annex "A" of the Complaint-Affidavit.

    2 I d., Annex "B" of the Complaint-Affidavit.

    4 Id., Annex "F" of the Complaint-Affidavit.

    5 Id., Annex "G" of the Complaint-Affidavit.

    6 Id., Annex "M" of the Complaint-Affidavit.

    7 Id., Annexes "N" and "O" of the Complaint-Affidavit.

    8 Id., Annex "Q" of the Complaint- Affidavit.

    9 Id., Annex "R" of the Complaint-Affidavit.

    10 Id. at 4.

    11 Id., Comment of Judge Amdengan.

    12 Id. at 3.

    13 RULE 140: SEC. 9. Less Serious Charges. Less serious charges include:cralawlibrary

    1. Undue delay in rendering a decision or order, or in transmitting the records of a case;

    2. Frequently and unjustified absences without leave or habitual tardiness;

    3. Unauthorized practice of law;

    4. Violation of Supreme Court rules, directives, and circulars;

    5. Receiving additional or double compensation unless specifically authorized by law;

    6. Untruthful statements in the certificate of service; and

    7. Simple misconduct.

    SEC. 11. Sanctions. A. If the respondent is guilty of a serious charge, any of the following sanctions may be imposed:cralawlibrary

    x x x

    B. If the respondent is guilty of a less serious charge, any of the following sanctions shall be imposed:cralawlibrary

    x x x

    2. A fine of more than ?10,000.00 but not exceeding ?20,000.00. ???r?bl???r??ll??l?br?r

    14 OCA Report dated 31 August 2010, p. 3

    15 G.R. No. 152131, 29 April 2009, 587 SCRA 60, 72.

    16 Teodosio v. Judge Arturo Carpio, 468 Phil.164 (2004).

    17 442 Phil. 307,308 (2002).

    A.M. No. MTJ-12-1818 - Atty. Manuel J. Jimenez, Jr. v. Presiding Judge Michael M. Amdengan, Municipal Trail Court, Angono Rizal


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