G.R. No.: A.M. No. RTJ-07-2069; December 14, 2011
Case Parties/Title: ESPINA & MADARANG CO. & MAKAR AGRICULTURAL COMMERCIAL & DEVELOPMENT CORP. (MAKAR), REPRESENTED BY RODRIGO A. ADTOON, Petitioners, vs. HON. CADER P. INDAR AL HAJ, Judge, Regional Trial Court, Branch 14, Region 12, Cotabato City and its OIC, Branch Clerk of Court, ABIE M. AMILIL, Respondents.

FACTS

The complainants, Espina & Madarang Co. and Makar Agricultural Commercial & Development Corp., filed an administrative complaint against Judge Cader P. Indar Al Haj and OIC Clerk of Court Abie M. Amilil of the RTC, Branch 14, Cotabato City, for serious misconduct, grave abuse of discretion, oppression, evident bad faith, manifest partiality, and gross ignorance of the law. The charges stemmed from an Order dated February 14, 2005, issued by Judge Indar in Special Proceeding No. 2004-074 (an insolvency case involving Olarte Hermanos y Cia).
The antecedent facts involve a parcel of land originally owned by Olarte Hermanos, mortgaged to El Hogar Filipino in 1929, and foreclosed in 1932. The property was eventually sold to the Espina sisters, who later sold it to Makar Agricultural Corporation and Espina & Madarang Company. The insolvency case, filed in 1933, was archived.
In 1983, Alberto Olarte, Sr. was appointed receiver by then Judge Eduardo P. Singayao, who issued an Order dated December 7, 1983, directing the sheriff to place the receiver in possession of the property (OCT No. 12) and its proceeds. This order was nullified by the Court of Appeals in 1985 (CA-G.R. SP No. 02613), which held it was issued with grave abuse of discretion as it affected third-party rights without due process. The CA decision was affirmed by the Supreme Court (G.R. No. 73457) in 1986 and became final.
Nearly twenty years later, in February 2005, Judge Indar granted an ex parte petition by the Olarte heirs to revive and execute the December 7, 1983 Order. He issued a Writ of Possession, which was implemented by Amilil, leading to the padlocking of complainants’ offices. Complainants filed an Urgent Motion to Quash, which Judge Indar denied. They then filed this administrative complaint.

ISSUE

Whether respondents Judge Cader P. Indar Al Haj and OIC Branch Clerk of Court Abie M. Amilil are administratively liable for their actions in connection with the issuance and implementation of the Order dated February 14, 2005, and the Writ of Possession in Special Proceeding No. 2004-074.

RULING

The Supreme Court found both respondents administratively liable.
1. As to Judge Indar: He was found GUILTY OF GROSS MISCONDUCT. The Court ruled that Judge Indar committed a blatant violation of the Code of Judicial Conduct. His Order of February 14, 2005, effectively revived and executed a 1983 Order that had been definitively nullified and set aside by final and executory judgments of the Court of Appeals and the Supreme Court. By issuing the writ of possession based on a void order, he disregarded settled law and binding precedents. His actions demonstrated gross ignorance of the law, evident bad faith, and manifest partiality, as he unjustly favored the Olarte heirs to the severe prejudice of the complainants, who were third-party owners with long-standing titles. His defense of good faith was rejected.
2. As to Amilil: He was found GUILTY OF NEGLECT OF DUTY. As the OIC Branch Clerk of Court, Amilil had the ministerial duty to ensure that court processes, especially writs of execution, were issued only upon a valid and enforceable judgment or order. By implementing the Writ of Possession that was based on a patently void and unenforceable order, he failed in his duty to exercise due diligence and care in the performance of his functions. His claim of merely following Judge Indar’s directive did not absolve him, as the nullity of the basis for the writ was evident from the records.
DISPOSITIVE PORTION:
Respondent Judge Cader P. Indar Al Haj was FINED the amount of Twenty-Five Thousand (₱25,000.00) Pesos and WARNED that a repetition of the transgression would be dealt with more severely.
Respondent OIC Branch Clerk of Court Abie M. Amilil was SUSPENDED for two (2) months without pay with a STERN WARNING that repetition of the same would be dealt with more severely.