A.M. No. MTJ-00-1283 [Formerly OCA IPI No. 98-547-MTJ] - COL. OCTAVIO ALVAREZ, COMPLAINANT, VS. JUDGE AUGUSTUS C. DIAZ, ATTY. VICTORY EDRALIN AND MR. EFREN P. LUNA, METC, BRANCH 37, QUEZON CITY.R E S O L U T I O N - Supreme Court E-Library

Ruling

Accordingly, the records of the case were forwarded to the Regional Trial Court on appeal. Feeling that an injustice had been done to him, complainant Alvarez filed the instant administrative complaint against Judge Diaz, Clerk of Court Edralin and Deputy Sheriff Luna for grave abuse of authority, grave misconduct and solicitation of gifts. In his sworn Complaint-Affidavit dated April 15, 1998, complainant Alvarez alleged: 2. The basis of the demolition illegally undertaken by the court personnel was the Writ of Execution dated February 3, 1998 issued by Honorable Judge Augustus C. Diaz that were marred with grave abuse of authority, gross injustices, violations of laws and the Rules of Court, to wit: a. Said writ was issued inspite of PERFECTED Notice of Appeal submitted to MTC Br. 37 on January 14, 1998 or SEVEN (7) days after the Decision (dated November 11, 1997) was received by the undersigned on January 7, 1998. b. The Honorable MTC Br. 37 ordered the dismissal of the perfected Notice of Appeal x x x even without a request or Motion by the Plaintiffs, Leonardo & Celia Garcia. Said plaintiffs x x x short cut or jumped the gun by filing a motion for issuance of a Writ of Execution (minus a montion ( sic ) for dismissal of Notice of Appeal) where the Honorable Court with apparent bias, immediately issued TWO (2) orders rolled into one: one for dismissal of the Notice of Appeal and the other one was the issuance of the Writ of Execution. The Court DID NOT SET any hearing for the TWIN orders and DID NOT notified ( sic ) the undersigned nor his counsel of the issuance of both the TWO (2) writs (execution and demolition) x x x. And worst, the plaintiffs did not bother notifying the undersigned for their Motion for Writ of Demolition. c. For clarity, above mentioned TWIN orders were issued on February 3, 1998 which copies were furnished the counsel of the undersigned only on March 17, 1998 after SIX (6) days from the execution of the Demolition (the Writ of Demolition was also issued without notice and hearing) undertaken on March 11, 1998. d. Forgeries were committed by falsifying the receipt signatures and/or initials of the office of my former counsel on the following documents: paul 1. x x x twin Orders for dismissal of the perfected Notice of Appeal together with the Writ of Execution dated February 3, 1998; 2. x x x the order for the Writ of Demolition; x x x x x x x x x 3. Aside from the above offenses, injustices and hastes ( sic ) in demolishing the houses of the undersigned and the quick turning over the property to the plaintiffs, the following offenses were committed: paul (a) Sheriff Efren P. Luna and Branch Clerk of Court Victory Edralin who are casual acquaintances developed in previous civil cases in the same MTC Branch, sometime before Christmas in December 1995, twice asked the undersigned for P100,000.00 for the dismissal of the complaint for Forcible Entry against me and tenants. x x x The undersigned graciously refused, how