A.M. No. RTJ-04-1863; October 22, 2004
Atty. Jose Alfonso M. Gomos and Fund for Assistance to Private Education (FAPE), complainants, vs. Judge Santos B. Adiong, Regional Trial Court, Branch 8, Marawi City, respondent.

FACTS

Saripada Ali Pacasum filed a mandamus action with an application for a preliminary mandatory injunction against FAPE before the Regional Trial Court (RTC) of Marawi City, seeking the release of a subsidy. On the very day the petition was filed, February 26, 2001, respondent Judge Santos B. Adiong granted the application for a preliminary mandatory injunction, ordering FAPE to release the funds upon the posting of a bond. Two days later, he issued another order directing FAPE’s president to prepare and issue the check. These orders were issued without prior notice or hearing for FAPE, whose principal office is in Makati City.
FAPE challenged these orders before the Court of Appeals via a petition for certiorari, arguing lack of jurisdiction as Makati is outside the RTC Marawi’s territorial jurisdiction and citing a pending intra-corporate dispute. The Court of Appeals issued a Temporary Restraining Order (TRO) on March 14, 2001, enjoining Judge Adiong from enforcing his orders. Despite this TRO, the judge proceeded to order the arrest of FAPE’s president and employees for alleged non-compliance, leading to the detention of two employees.

ISSUE

Whether respondent Judge Santos B. Adiong is administratively liable for gross ignorance of the law and abuse of authority.

RULING

Yes, the Supreme Court found Judge Adiong guilty of gross ignorance of the law and abuse of authority. The legal logic is clear and multi-faceted. First, the judge violated explicit procedural rules by issuing a writ of preliminary mandatory injunction on the same day the petition was filed, without the requisite prior notice and hearing to the adverse party, as mandated by Sections 4(c) and 5, Rule 58 of the Rules of Court. This constituted a denial of due process.
Second, he exhibited gross ignorance of jurisdictional limits. Under Section 21 of B.P. Blg. 129, a judge’s power to enforce writs is co-extensive only with his judicial region. By issuing and attempting to enforce orders against an entity in Makati City (National Capital Judicial Region), which is outside the 12th Judicial Region (where Marawi City belongs), he acted without authority.
Third, his defiance of the Court of Appeals’ TRO by continuing with contempt proceedings and ordering arrests constituted willful disregard of a superior court’s lawful order, which is intolerable conduct undermining judicial hierarchy and stability. The Court emphasized that a judge’s duty to be proficient in the law is paramount, and failure to observe basic rules and jurisdictional boundaries amounts to gross ignorance, which is not excusable. Accordingly, the Court modified the OCA’s recommended penalty and SUSPENDED Judge Adiong from office for six months without pay and benefits, with a stern warning.