G.R. No. RTJ-01-1651. September 4, 2001.
Prosecutor Leo C. Tabao vs. Judge Frisco T. Lilagan and Sheriff IV Leonardo V. Aguilar.

FACTS

The National Bureau of Investigation seized a vessel, the M/L Hadija, and its cargo of tanbark due to irregular and incomplete documentation, leading to the filing of a criminal complaint for violation of forestry laws. The Department of Environment and Natural Resources (DENR) took custody of the seized items. The consignee, Robert Hernandez, subsequently filed a replevin action before the Regional Trial Court, Branch 34, presided by respondent Judge Frisco T. Lilagan, to recover the property. Judge Lilagan issued a writ of replevin.
Respondent Sheriff Leonardo V. Aguilar served the writ. Complainant Prosecutor Leo C. Tabao alleges that the sheriff failed to safeguard the vessel, which departed the port, and that he released the tanbark cargo to Hernandez within the five-day holding period stipulated in the writ, thereby potentially compromising the evidence for the criminal case. The administrative complaint charges Judge Lilagan with gross ignorance of the law for issuing the writ despite settled jurisprudence, and Sheriff Aguilar with gross irregularity and conduct prejudicial to the service.

ISSUE

Whether respondents Judge Frisco T. Lilagan and Sheriff Leonardo V. Aguilar are administratively liable for their actions in the replevin case involving property seized in relation to a criminal complaint for illegal logging.

RULING

Yes, both respondents are administratively liable. The Supreme Court found Judge Lilagan guilty of gross ignorance of the law. The issuance of the writ of replevin was a patent legal error. Established jurisprudence, notably Paat v. Court of Appeals, explicitly holds that replevin is not available to recover property lawfully seized by the DENR in the exercise of its administrative authority under forestry laws, especially when a criminal action is pending. A judge is expected to know such elementary and settled doctrines. His failure to apply them constituted gross ignorance, which is not excusable.
Regarding Sheriff Aguilar, the Court found him guilty of simple misconduct. His act of releasing the tanbark to Hernandez before the expiration of the five-day period specified in the writ was a direct violation of a lawful order, demonstrating a disregard for established procedure. However, the charge of connivance in the vessel’s departure was not sufficiently proven. His actions, nonetheless, undermined the integrity of the court’s processes and the pending criminal investigation. Judge Lilagan was fined P20,000, while Sheriff Aguilar was suspended for one month without pay.