NPC v. Hon. Adiong Rule 18

NPC v. Hon.
Adiong (Rule 18)

A.M. RTJ- 07-2060
Facts:
On October 21, 2003, said plaintiffs filed an ex-parte Motion for the Release of ₱640,000,000 worth of
PPA and other generation charges. Judge Adiong granted the motion on November 9, 2004, but later set
aside his order on November 24, 2005 after NPC filed a motion for reconsideration on the ground of lack
of notice and due process. Judge Adiong then required the parties to present their respective evidence on
December 8, 2005.
Subsequently, Judge Adiong issued a Resolution on February 28, 2006, ordering NPC to refund the
amount of ₱114,000,000, representing the Fuel Compensating Cost, Foreign Exchange, and Incremental
Cost Charges collected from April 1991 to December 1995; to refund the amount of ₱176,000,000,
representing the Fuel and Power Cost Adjustment and PPA collected from January 1996 to April 2003;
and to pay the amount of ₱97,537,000 as attorney’s fees.
NPC sought reconsideration of the order alleging that no pre-trial was conducted and yet respondent
judge already passed upon the merits of the case. NPC’s motion, however, was denied by Judge Adiong.
Judge Adiong reasoned that before issuing the questioned resolution, full-blown hearings were conducted
and NPC was afforded all the opportunities to present its evidence and to participate actively in the
hearings. Having done so, NPC has submitted itself to the court’s jurisdiction and could no longer claim
that no pre-trial was conducted. Later, Judge Adiong also directed Sheriff Otto Gomampong to implement
the February 28, 2006 Resolution ratiocinating that the same has already become final.
Thus, NPC filed the present administrative complaint, asserting that the issuance of the February 28, 2006
Resolution is contrary to and violative of the Rules of Court because said resolution was issued by
respondent judge without first conducting the requisite pre-trial conference and despite the fact that no
formal offer of exhibits was made by plaintiffs in support of their allegations. Also, NPC complains of
respondent judge’s failure to lay down the basis for granting the plaintiff’s ex-parte motion to release the
PPA refunds, and in awarding the exorbitant amount of ₱97,537,000.00 as attorney’s fees.
NPC further states that while it admits that judges are not to be administratively charged for acts
committed in the exercise of their judicial functions, respondent judge had acted in violation of
elementary rules that was equivalent to intolerable and inexcusable gross ignorance of the law
In his Comment dated June 1, 2006, respondent judge raised the following in his defense. With regard to
the lack of pre-trial conference, respondent judge asserts that he has set the case for hearing on December
8 and 15, 2005, and January 12, 13, and 27, 2006. In all these hearings, the parties were allowed to
present whatever evidence they had to support their claims. He also claims that the lack of pre-trial was
never raised by NPC since the time it filed its answer on May 15, 2003 up to the time plaintiffs started
presenting their evidence on December 8, 2005. It was only on February 14, 2006 that NPC belatedly
filed a manifestation calling the court’s attention to the lack of pre-trial, without formally asking or
praying for the setting of one. In addition, the records show that the plaintiffs filed their pre-trial brief
while defendant NPC did not. Thus, he argues that NPC is deemed to have waived the holding of a pre-
trial conference. Perforce, Judge Adiong argues that he should not be held administratively liable for not
conducting pre-trial.
Issue: w/n was it valid that no pre-trial was held
Held:
Judge Adiong failed to conduct a pre-trial conference in Civil Case No. 1918-03 contrary to elementary
rules of procedure which he should have known all too well considering his long years of service in the
bench. The mandatory character of pre-trial is embodied in Administrative Circular No. 3-99 dated
January 15, 1999, and found its way in Section 2, Rule 18 of the Rules of Court, which imposes a duty
upon the plaintiff to promptly move ex parte that the case be set for pre-trial. To further implement the
pre-trial guidelines, this directive was reiterated in Administrative Matter No. 03-1-09-SC entitled
"Guidelines to be Observed by Trial Court Judges and Clerks of Court in the Conduct of Pre-Trial and
Use of Deposition-Discovery Measures" which recognized the importance of pre-trial and the deposition-
discovery measures as vital components of case management in trial courts.
Here, respondent judge failed to conduct the pre-trial conference itself. It is elementary and plain that the
holding of such a pre-trial conference is mandatory and failure to do so is inexcusable. When the law or
procedure is so elementary, such as the provisions of the Rules of Court, not to know it or to act as if one
does not know it constitutes gross ignorance of the law. Such ignorance of a basic rule in court procedure,
as failing to conduct pre-trial, sadly amounts to gross ignorance and warrants a corresponding penalty.
As to the allegations of poor judgment and gross ignorance of basic legal principles in granting the
motions for execution pending appeal for flimsy and unsupported reasons, we find that the particular
reasons relied upon by respondent judge for issuing the writ of execution pending appeal are so unreliably
weak and feeble that it highlights the lack of knowledge of respondent judge with regard to the proper
appreciation of arguments

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Adiong (Rule 18)

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