3republic of Tbe Jbilippines' Upreme Qcourt: Fflllanila
3republic of Tbe Jbilippines' Upreme Qcourt: Fflllanila
3republic of Tbe Jbilippines' Upreme Qcourt: Fflllanila
;fflllanila
ENBANC
Present:
PERALTA, ChiefJustice,
PERLAS-BERNABE,
LEONEN,
CAGIBOA,
- versus - GESMUNDO,
HERNANDO,
CARANDANG,
LAZARO-IAVIER,*
INTING *
'
ZALAMEDA,*
LOPEZ,
DELOS SANTOS,
HON. JESUS B. MUPAS, Presiding Judge GAERLAN, and
Branch 112, Regional Trial Court, ROSARIO,JJ
Pasay City,
Respondent. Promulgated:
November 10,
x--------------------------------------------------------------------------------------
DECISION
PERCURIAM:
Factual Antecedents
When the lease contracts covering the FCA expired on May 31, 2018, PNCC
decided not to renew the same. However, several lessees including LCDC and Jecar
refused to vacate the property. Thus, PNCC filed separate cases for ejectment
against them. 4
Seeking the annulment of the MTC's Order granting the WPI, Jecar filed a
Rule 65 petition for certiorari with the RTC. This case was docketed as Civil Case
No. R-PSY-19-03785-CV. On September 17, 2019 Judge Mupas issued an Order8
granting Jecar's prayer for a TRO to enjoin the MTC's implementation of the
WPMI. Judge Mupas likewise set a hearing for Jecar's prayer for WPI. 9
PNCC argues, in the main, that Judge Mupas enjoined an act that had already
been accomplished. Moreover, in raking cognizance of Civil Case No. R-PSY-19- ~
2
Id. at 2.
3
Id.
4
Id. at 2-3.
5
Id. at 17.
6
Id. at 15-16.
7
Id. at 14.
8
Id. at 19-21.
9
Id. at 21.
A.M. No. RTJ-20-25-93
Decision 3 Fo1merly (OCA IPI No. 20-5067-RTJ)
PNCC likewise points the Court's attention to Judge Mupas' similar actions
in Civil Case No. R-PSY-18-3000-CV entitled "Ley Construction and Development
Corporation v. Philippine National Construction Corporation," for Injunction/
Damages. In this case, Judge Mupas issued a TRO 13 and a WPI 14 to enjoin PNCC
"from carrying out and implementing its demand, as contained in its letter dated
April 26, 2018, for plaintiff Ley Construction and Development Corporation to
vacate the leased premises; or from taking steps to evict or cause the eviction of
plaintiff, or from taking possession of the Leased Premises, until further orders x x
x."1s
In his cmmnent 16 dated October 11, 2019 to PNCC's letter, Judge Mupas
insisted that the subject injunctive reliefs were issued in accordance with procedural
rules and in the spirit ofliberality. With regard to the injunctive reliefs in Civil Case
No. R-PSY-18-30000-CV, he claimed that he was swayed by the employees who
would lose their jobs if PNCC was allowed to evict its lessees. 17 Judge Mupas also
mentioned PNCC's participation in the mediation proceedings which, in his view,
meant that the parties were open to an amicable settlement of the case. 18
10
)
i
Sec. 19. Prohibited pleadings and motions. - The following pleadings, motions or petitions shall not
be allowed in the cases covered by this Rule:
xxxx
(g) Petition for certiorari, mandamus, or prohibition against any interlocutory order issued by the court
xxxx
11
Id. at 4.
i2 Id.
13
Id. at 10-12.
14
Id. at 6-9.
15
Id. at 9.
16
Id. at 22-25.
17
Id. at 22.
18
Id. at 23.
A.M. No. RTJ-20-25-93
Decision 4 Formerly (OCA IPI No. 20-5067-RTJ)
to be enjoined by LCDC had already been rendered moot, and that he had no hand
on the service of the TRO to LCDC. 19
As to the timing of the service of the TRO on September 17, 2019, the OCA
found no irregularity on the part of Judge Mupas, considering the inherent
probability of having a TRO issued and served to PNCC within the span of one hour
because of the court a quo' s close proximity to the FCA. 22
19
Id. at 23-24.
20 Id. at 70-78.
21
Id. at 76.
22
Id. at 76.
A.M. No. RTJ-20-25-93
Decision 5 Formerly (OCA IPI No. 20-5067-RTJ)
c. Judge Mupas be FINED in the amount of PS0,000.00 for the first cow1t,
FINED in the amount ofP75,000.00 for the second cotmt, and DISMISSED
FROM THE SERVICE, with forfeitme of all his retirement benefits, except
his accrned leave credits, and with perpetual disqualification for re-
employment in any branch, agency or instnm1entality of the government,
including government-owned or controlled corporation for the third count of
Gross Ignorance of the Law. 23
The Court fully adopts the findings and recommendations of the OCA.
Om conception of good judges has been, and is, of men who have a mastery
of the principles oflaw, who discharge their duties in accordance with law. 24 Judges
are the visible representations of law and justice,25 from whom the people draw the
will and inclination to obey the law. 26 They are expected to be circw11spect in the
performance of their tasks, for it is their duty to administer justice in a way that
inspires confidence in the integrity of the justice system. 27 Judges should exhibit
more than just a cursory acquaintance with the statutes and procedural rules, and
should be diligent in keeping abreast with developments in law and jurisprudence. 28
For, a judge who is plainly ignorant of the law taints the noble office and great
privilege vested in him. 29
23
Id. at 78.
24
State Prosecutor Comilang v. Judge Belen, 689 Phi I. 134, 148 (2 0 I 2).
25
Alcaraz v. Judge Lindo, 4 71 Phil. 39, 40 (2004).
26
Spo uses Jacinto v. Judge Vallarta, 493 Phil. 255, 264(2005).
27
Victoria v. Ju dge Rosete, 603 Phil. 6 8, 79 (2009).
28
Conquilla v. Ju dge Bernardo, 657 Phil. 289, 299-300 (2011 ).
29
Salcedo v. Judge Bollozos, 637 Phil. 27 , 44 (20 I 0).
30
Sps. Montero/a v. Judge Cao ibes, Jr., 429 Phil. 59, 67 (2 002).
31
Daka Benito v. Ju dge Balindong, 599 Phil. 196, 20 I (2009).
32
Suarez-De Leon v. Judge Estrella, 503 Phil. 34, 40 (2005).
33
Ally. Cabili v. Ju dge Balindong, 672 Phil. 398, 4 12(2011 ).
A.M. No. RTJ-20-25-93
Decision 6 Formerly (OCA IPI No. 20-5067-RTJ)
Judges are expected to exhibit more than just cursory acquaintance with
statutes and procedural laws. In all good faith, they must know the laws and apply
them properly. Judicial competence requires no less. Where the legal principle
involved is sufficiently basic and elementary, lack of conversance with it
constitutes gross ignorance of the law.35
Gross ignorance of the law is the disregard of basic rules and settled
jurispmdence. 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
wan-ant administrative sanction, the same applies only in cases within the
parameters of tolerable misjudgment. 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 ofthe law. 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 Cami circulars enjoining their strict compliance,
upends this presumption and subjects the magistrate to corresponding
administrative sanctions.
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 established that he was
moved by bad faith, dishonesty, hatred, or some other like motive. Judges are
expected to exhibit more than just cursory acquaintance with statutes and
procedural laws. They must know the laws and apply them properly in all good
faith. Judicial competence requires no less. Thus, unfamiliarity with the rules is a
sign of incompetence. Basic rules must be at the palm of his hand. When a judge
displays utter lack of familiarity with the rules, he betrays the confidence of the
public in the courts. Ignorance of the law is the mainspring of injustice. Judges owe
it to the public to be knowledgeable, hence, tl1ey are expected to have more than
just a modicum of acquaintance with the statutes and procedural rules; they must
know them by heart When the inefficiency springs from a failure to recognize
such a basic and elemental rule, a law or a principle in the discharge of his
functions, a judge is either too incompetent undeserving of the position and the
prestigious title he holds or he is too vicious that the oversight or omission was
deliberately done in bad faith. and in grave abuse of judicial authority. In both
cases, tl1e judge's dismissal will be in order.37
J
34
519 Phil. 781 (2006).
35
Id. at 783.
36
791 Phil. 219 (2016).
37
Id. at 227-228.
A.M. No. RTJ-20-25-93
Decision 7 Formerly (OCA IPI No. 20-5067-RTJ)
The Court does not take lightly the complaints against Judge Mupas. A
revie~ of his disciplinary record does not paint a rosy picture.
The instant case shall be resolved not just on the weight of the allegations of
PNCC, but also in light of the previous infractions of Judge Mupas for which he had
already been warned and penalized for by the Court. After all, the Court is duty-
bound to sternly wield a corrective hand to discipline its errant employees and shove
away the undesirable ones.44
1. Order dated June 14, 2018 granting TRO against PNCC in Civil Case No. R-
PSY-18-3000-CV
2. Order dated July 4, 2018 granting WPI againstPNCC, also in Civil Case No. R-
PSY-18-3000-CV
3. Order dated September 17, 2019 granting TRO againstPNCC in Civil Case No.
R-PSY-19-03785-CV
In Dr. Sunico v. Judge Gutierrez,49 the Court found a judge guilty of gross
ignorance of the law for issuing a WPI without stating the presence of the q
applicant's clear legal right which was sought to be protected. Thus: /
46
Id. at. 8-9.
47
Id. at 20-21.
48
DPWHv. City Advertising Ventures Corp., 799 Phil. 47, 66(2016).
49
806 Phil. 94 (2017).
A.M. No. RTJ-20-25-93
Decision 9 Formerly (OCA IPI No. 20-5067-RTJ)
xxxx
The rules on the issuance of injunctive reliefs and summary procedure are
elementary to the extent that non-observance and lack of knowledge on them
constitute gross ignorance of the law, especially for judges who are supposed to
exhibit more than just a cursory acquaintance with the procedural rules. 52 For these
reasons, the Court finds Judge Mupas guilty of three counts of gross ignorance of
the law.
Gross Ignorance ofthe law "is classified as a serious charge, [and] punishable
by a fine of more than P20,000.00 but not exceeding P40,000.00, and suspension
from office for more than three but not exceeding six months, without salary and
other benefits, or dismissal from service." 53
In Office ofthe Court Administrator v. Judge Villarosa 54 the Court ruled that
"[i]f the respondent judge or justice of the lower court is found guilty of multiple
offenses under Rule 140 of the Rules of Court, the Court shall impose separate
penalties for each violation." 55
For the first two counts of gross ignorance of the law, the Court hereby
imposes against Judge Mupas a fine in the amount of PS0,000.00 and P75,000.00,
respectively, or a total of .!'125,000.00. ~
51
Rep. of the Phils. v. Sunvar Realty Development Corp., 688 Phil. 616, 631-632 (2012).
52
Sps. Crisologo v. Judge Omelia, 696 Phil. 30, 63 (2012).
53
Department ofJustice v. Judge Mislang, 791 Phil. 219, 231 (2016).
54
A.M. No. RTJ-20-2578, January 28, 2020.
s5 Id.
A.M. No. RTJ-20-25-93
Decision · 11 (Formerly OCA IPI No. 20-5067-RTJ )
As to the third count of gross ignorance of the law, the same is warranted,
considering Judge Mupas' checkered past. The multiple infractions of Judge
Mupas, especially when viewed together instead of as separate and isolated facts,
show that he is unfit to discharge the duties and functions of a judge so as to warrant
the imposition of the extreme penalty of dismissal from the service56 and all the
accessory penalties appurtenant theret9.
A.final note
No less than the Constitution states that a member of the judiciary "must be
a person of proven- competence, integrity, probity and independence." 57 It is,
therefore, highly imperative that a judge should be conversant with basic legal
principles. 58 When a judge displays an utter lack of familiarity with the rules, he
erodes the public's confidence in the competence· of our courts. 59 Judge
Mupas failed to live up to the exacting stai.1dards of his office. The magnitude of his
transgressions, ta..1<:en collectively, casts a heavy shadm,v on his moral, i..11tellectual
and attitudinal competence and rendered him unfit to dun the judicial robe and to
perform the functions of a magistrate. 60 The administration of justice cannot be
entrusted to one like him who would readily ignore and disregard the laws and
policies enacted by the Court to guarantee justice and fairness for all. 61
SO ORDERED.
56
Felongco v. Judge Dictado, 295 Phil. 767, 793 {1993).
57
Article VIII, Section 7(3). 1987 CONSTITUTION.
58
Radomes v. Judge Jakosalem, 378 Phil. 187, 192 (1999).
59
Bago v. Judge Pagayatan, 602 Phil. 459,473 (2009)..
60
Judge Esp,:tii.ol v. Judge Toledo-Afupas, 626 Phil. ! I0, 120(2010).
61
Office of the Court Administrator v Judge Yu, 800 Phil. 307, 417 (2016).
A.M . No. RTJ-20-25 -93
Decision (Formerly OCA IPI No. 20-5067-RTJ)
ESTELA "1-~S--BERN~
I
Associate Justice
V
EDGARDO L. DELOS SANTOS
Associate Justice
;AMlJE~~
Associate Justice
RICARD
U R 0 . ARICHETA
Cieri-; of Court En Banc
.S upr~•f11l' Court