A.M. No. MTJ-00-1252 - NELSON RODRIGUEZ AND RICARDO CAMACHO, COMPLAINANTS, VS. JUDGE RODOLFO S. GATDULA.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, judgment is hereby rendered, ordering the defendants and their representatives to immediately vacate the premises of Mariveles Pawnshop Inc., located at the Plaza Arcade, Balanga, Bataan, and to restore to plaintiff Natividad Candido the full possession thereof including all articles and money found therein, valued at P2,000,000.00 and to pay rental which is fixed at P8,000.00 per month beginning July 21, 1994. The counterclaim of the defendants are hereby dismissed, they not being substantiated by evidence. Cost against the defendants. [4] Subsequently, plaintiff filed a motion for execution of the decision on the ground that the defendants failed to post supersedeas bond representing the rentals due. In the meantime, defendants seasonably filed a notice of appeal. On June 5, 1997, respondent issued an Order granting plaintiffs motion for execution due to defendants failure to post a supersedeas bond. On June 9, 1997, defendants filed a petition for certiorari with the Regional Trial Court (RTC) of Balanga, Bataan, assailing the MTC order directing the issuance of a writ of execution. On the same date, Camacho, claiming to be the vice-president of plaintiff corporation, and Nelson Rodriguez, claiming to be the incumbent president of the same corporation, filed with this Court the instant administrative complaint against respondent judge for ignorance of the law, alleging that he: 1) failed to resolve their motion to dismiss the complaint on the ground of lack of jurisdiction since it involves an intra-corporate dispute; 2) erred in requiring defendants to post a supersedeas bond amounting to Two Million (P2,000,000.00) Pesos to stay the execution of his decision; and 3) awarded possession of the pawnshop to Natividad alone, notwithstanding that the real plaintiff in the case is Mariveles Pawnshop, Inc. [5] In a letter [6] dated September 1, 1997, addressed to then Court Administrator Alfredo L. Benipayo, respondent judge denied the administrative charges, contending that defendants never alleged in their pleadings submitted to his court that the issue involves an intra-corporate dispute. When he awarded possession of the disputed pawnshop stall to Natividad, it was in her capacity as President and General Manager of plaintiff corporation. Moreover, he issued the writ of execution because defendants counsel manifested that his clients would not file a supersedeas bond together with their notice of appeal. On December 1, 1999, the Office of the Court Administrator (OCA), through then Court Administrator Alfredo L. Benipayo, found that respondent judges actions were not free from the appearance of impropriety and recommended that he be fined Ten Thousand (P10,000.00) Pesos. In a Resolution [7] dated January 19, 2000, this Court ordered that this case be docketed as an administrative matter and required the parties to manifest, within twenty (20) days from notice, whether they are submitting the case for decision on the basis of