DOJ Case PDF
DOJ Case PDF
DOJ Case PDF
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EN BANC
- versus -
JUDGE ROLANDO G.
MISLANG, Presiding Judge,
Branch 167, Regional Trial
Court, Pasig City,
Respondent.
x-----------------------------------------x
HOME DEVELOPMENT A.M. No. RTJ-14-2372
MUTUAL FUND (HDMF), [Formerly OCA I.P.I. No. 11-3736-RTJ]
represented by ATTY. JOSE
ROBERTO F. PO, Present:
Petitioner,
SERENO, C.J,
CARPIO,
VELASCO, JR., *
LEONARDO-DE CASTRO,
BRION,
PERALTA,
BERSAMIN,*
- versus - DEL CASTILLO,
PEREZ,
MENDOZA,
REYES,
PERLAS-BERNABE,
LEONEN,
JARDELEZA, * and
JUDGE ROLANDO G. CAGUIOA,JJ
MISLANG, Presiding Judge,
Branch 167, Regional Trial Promulgated:
Court, Pasig City,
Respondent. J~ 26 2016
x---------------------------------------------------~~~-~~-------x
No part.
R
Decision 2 A.M. No. RTJ-14-2369
[Formerly OCA LP.I. No. 12-3907-RTJ]
and A.M. No. RTJ-14-2372
[Formerly OCA LP.I. No. 11-3736-RTJ]
DECISION
PERCURJAM:
The following are the factual and procedural antecedents of the case:
'\\'r~-~
Decision 3 A.M. No. RTJ-14-2369
[Formerly OCA LP.I. No. 12-3907-RTJ]
and A.M. No. RTJ-14-2372
[Formerly OCA LP.I. No. 11-3736-RTJ]
among others, denied said petition for lack of common issues and parties. In
denying Lee's prayer for suspension, the panel of prosecutors explained:
At first glance, it may appear that the issues in Civil Case No. 10-
1120 are related to the issues in NPS No. XVI-INV-IOL-00363, however,
a cursory reading of the pertinent records of the two cases will reveal that,
in the first, the main issue is the right of GA to replace its buyers pursuant
to the Memorandum of Agreement (MOA), Funding Commitment
Agreement (FCA), and Collection Servicing Agreement (CSA) it entered
into with HDMF while, in the second, the matter to be resolved is whether
or not respondents are liable for the crime of syndicated estafa. Moreover,
there is no commonality of parties in the two cases, therefore, whatever
would be the decision of the court in the aforementioned civil case will
certainly not affect the resolution of the herein criminal complaint. And
this is true since, as shown in the complaint in Civil Case No. 10-1120, the
case is not about the sale of the properties to Evelyn B. Niebres, Ronald
Gabriel Perez San Nicolas, and Catherine Bacani, rather, the action was
filed by GA to compel HDMF to honor the provisions of the MOA, FCA
and CSA entered into by the parties and/or compel HDMF to accept the
replacement buyers/borrowers as offered by GA. 1
After a careful review and evaluation of the case, the Office of the
Court Administrator (OCA) recommended in both Complaints that Judge
Mislang be found guilty of gross ignorance of the law and be dismissed from
service, with forfeiture of retirement benefits except leave credits, and with
prejudice to re-employment in any branch or instrumentality of the
government, including government-owned and controlled corporations. 2
The Court finds no compelling reason to deviate from the findings and
recommendations of the OCA.
The application for TRO for the 2nd DOJ case was incorporated in the
petition for injunction. However, the DOJ was not given any notice of Lee's
Urgent Motion for ex-parte resolution of his TRO application. And despite
the parties' agreement in court to submit for resolution said petition for
injunction only upon submission of their respective memoranda, Judge
Mislang granted Lee's application for TRO without waiting for the DOJ's
memorandum. He never conducted a hearing on either the application for
TRO or on the motion for resolution of the TRO. Clearly, this is in violation
of the DOJ's constitutional right to be heard and to due process. Judge
Mi slang's wanton disregard of the DOJ' s right to due process was repeated
when he granted the TRO for the 1st DOJ case. Although the application for
TRO was contained in a verified petition, the DOJ was not properly served
with a copy of the petition or the urgent motion for hearing. It was not
likewise served with any notice of hearing. And notwithstanding the lack of
proof of service, Judge Mislang still proceeded to hear the application for
TRO against the 1st DOJ case during the hearing on the petition for issuance
of a writ of preliminary injunction against the 2nd DOJ case.
~\-"M"'"
Decision 5 A.M. No. RTJ-14-2369
[Formerly OCA LP.I. No. 12-3907-RTJ]
and A.M. No. RTJ-14-2372
[Formerly OCA LP.I. No. 11-3736-RTJ]
Revised Rules of Criminal Procedure. The OCA adopted the ruling of the
Court of Appeals (Seventeenth Division) in Department of Justice v. The
Hon. Rolando Mislang, etc. and Delfin Lee, CA-G.R. SP No. 121594, dated
April 16, 2012, thus:
Moreover, it did not escape this Court's attention that when Lee
moved for the issuance of a temporary restraining order to enjoin the DOJ,
in the first DOJ case, . . . he did not file a petition for suspension of
criminal action by reason of prejudicial question before the panel of DOJ
prosecutors, in violation of the provisions of Section 6, Rule lll of the
Revised Rules of Court ... The rule is clear that in filing a petition for
suspension of criminal action based upon a pendency of a prejudicial
action in a civil action, the same should be made before the office of
the prosecutor or the court conducting the preliminary investigation.
If an information had already been filed before the court for trial, the
petition to suspend should be filed before the court where the
information was filed.
Considering that no information has yet been filed against Lee and
the action that was brought before the court a quo was one for injunction
and damages, the public respondent Judge gravely erred when he took
cognizance of Lee's prematurely filed petition and granted his prayer
for the issuance of a temporary restraining order.
Nevertheless, even if the civil case was filed ahead of the first DOJ
case, the doctrine of prejudicial question is still inapplicable.
filed in court for trial, the petition to suspend shall be filed in the same criminal action at any time before
the prosecution rests.
4
Section 7. Elements ofprejudicial question. -The elements ofa prejudicial question are: (a) the
previously instituted civil action involves an issue similar or intimately related to the issue raised in the
subsequent criminal actitm, and (b) the resolution of such issue determines whether or not the criminal
action may proceed. "'~
)'t~
Decision 6 A.M. No. RTJ-14-2369
[Formerly OCA LP.I. No. 12-3907-RTJ]
and A.M. No. RTJ-14-2372
[Formerly OCA LP.I. No. 11-3736-RTJ]
xxx
Gross ignorance of the law is the disregard of basic rules and settled
jurisprudence. A judge may also be administratively liable if shown to have
been motivated by bad faith, fraud, dishonesty or corruption in ignoring,
contradicting or failing to apply settled law and jurisprudence. Though not
every judicial error bespeaks ignorance of the law and that, if committed in
good faith, does not warrant administrative sanction, the same applies only
in cases within the parameters of tolerable misjudgment. 6 Such, however, is
not the case with Judge Mislang. Where the law is straightforward and the
facts so evident, failure to know it or to act as if one does not know it
constitutes gross ignorance of the law. 7 A judge is presumed to have acted
with regularity and good faith in the performance of judicial functions. But
a blatant disregard of the clear and unmistakable provisions of a statute, as
well as Supreme Court circulars enjoining their strict compliance, upends
this presumption and subjects the magistrate to corresponding administrative
sanctions. 8
For liability to attach for ignorance of the law, the assailed order,
decision or actuation of the judge in the performance of official duties must
not only be found erroneous but, most importantly, it must also be
~..r-v
7
Id.
Caguioa v. Judge Lavina, 398 Phil. 845, 848 (2000).
1''rw~~
Decision 7 A.M. No. RTJ-14-2369
[Formerly OCA LP.I. No. 12-3907-RTJ]
and A.M. No. RTJ-14-2372
[Formerly OCA LP.I. No. 11-3736-RTJ]
9
Re: Complaint Against Justice John Elvi S. Asuncion of the Court of Appeals, 547 Phil. 418, 438
(2007).
IO
522 Phil. 390 (2006).
,. . . . .,v/
~~\}"- ~
Decision 8 A.M. No. RTJ-14-2369
[Formerly OCA LP.I. No. 12-3907-RTJ]
and A.M. No. RTJ-14-2372
[Formerly OCA LP.I. No. 11-3736-RTJ]
The Court notes that this is not the first time that Judge Mislang has
committed a serious infraction. In fact, he has been facing a seemingly
endless string of administrative charges since April 2007. In A.M. No. RTJ-
08-2104, 11 one Atty. Leo C. Romero charged Judge Mislang with
misrepresentation, violation of Supreme Court Administrative Circular No.
13, gross ignorance of the law, and grave abuse of discretion relative to the
issuance of a search warrant against David C. Romero for .violation of
Article 293 (Robbery) of the Revised Penal Code. The Court then found
Judge Mislang guilty and ordered him to pay a fine of P20,000.00, with a
stem warning that a repetition of the same or similar act shall be dealt with
more severely.
11
12
13
Romero v. Judge Mislang, February 6, 2008, First Division Resolution.
Patawaran v. Judge Mislang, August 12, 2015, Third Division Resolution.
Rallos v. Judge Gako, Jr., 398 Phil. 60, 70 (2000), citing Bureau of Customs v. Ogario, 385 Phil.
928 (2000), further citing Jao v. CA, 319 Phil. 105 (1995).
/
v
*'~0'
Decision 9 A.M. No. RTJ-14-2369
[Formerly OCA LP.I. No. 12-3907-RTJ]
and A.M. No. RTJ-14-2372
[Formerly OCA LP.I. No. 11-3736-RTJ]
law and settled jurisprudence. At this instance, in view of the prior warning
and the gravity of his offense, the penalty of dismissal would have been
warranted. Out of benevolence, however, the Court simply suspended him
for six (6) months without pay, and reiterating the warning of a more serious
penalty in the event of another similar transgression.
14
Section 8 of Rule 140 on the Discipline of Judges and Justices, as amended by A.M. No. 01-8-10-
SC, classifies gross ignorance of the law and gross misconduct constituting violations of the Code of
Judicial Conduct as serious charges, with the following imposable penalties:
SEC. 11. Sanctions. - A. If the respondent is guilty of a serious charge, any of the following
sanctions may be imposed:
1. Dismissal from the service, forfeiture of all or part of the benefits as the Court
may determine, and disqualification from reinstatement or appointment to any public
office, including government-owned or controlled corporations; Provided, however, That
the forfeiture of benefits shall in no case include accrued leave credits;
,r
2. Suspension from office without salary and other benefits for more than three
(3) but not exceeding six (6) months; or
3. A fine of more than Jl20,000.00 but not exceeding ~0,000.00
15
Supra note 6.
16
Samson v. Judge Caballero, 612 Phil. 737, 752 (2009).
ctr'
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Decision 10 A.M. No. RTJ-14-2369
[Formerly OCA LP.I. No. 12-3907-RTJ]
and A.M. No. RTJ-14-2372
[Formerly OCA LP.I. No. 11-3736-RTJ]
SO ORDERED.
~ A.~(N-...1o IA. ~
ANTONIO T. CARPIO c~~fT OJ.VELASC~
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~~&~
TERESITA J. LEONARDO-DE CASTRO
~
ARTURO D. BRION
Associate Justice Associate Justice
~
.PERALTA
'
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MA NO C. DEL CASTILLO
Associate Justice
JOS z
Decision 11 A.M. No. RTJ-14-2369
[Formerly OCA LP.I. No. 12-3907-RTJ]
and A.M. No. RTJ-14-2372
[Formerly OCA LP.I. No. 11-3736-RTJ]
ESTELA 4~BERNABE
Associate Justice
No part
FRANCIS H. Jl\RDELEZA S. CAGUIOA
Associate Justice