Erice v. Sison
Erice v. Sison
CASES REPORTED
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* SECOND DIVISION.
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CAGUIOA, J.:
This is an administrative matter1 filed by Edgar R. Erice (Erice)
against the now-retired Judge Dionisio C. Sison (Judge Sison) of the
Regional Trial Court (RTC), Branch 125, Caloocan City, for
violation of Section 8, paragraphs 3, 4 and 9 of A.M. No. 01-8-10-
SC,2 in particular: (i) gross misconduct constituting violations of the
Code of Judicial Conduct, (ii) knowingly rendering an unjust
judgment or order as determined by a competent court in an
appropriate proceeding, and (iii) gross ignorance of the law or
procedure.3
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Background
The facts leading to the filing of the complaint are as follows:
Complainant Erice, then Vice Mayor of Caloocan City, filed a
complaint against then Mayor Enrico R. Echiverri, City Treasurer
Evelina Garma, Budget Officer Jesusa Garcia and City Accountant
Edna Centeno (Echiverri, et al.) before the Office of the
Ombudsman, for alleged violation of the Government Service
Insurance System Act.4 Acting on the complaint, the Ombudsman
issued an Order5 of Preventive Suspension (Order of Suspension) on
July 18, 2011 against Echiverri, et al., to last until the administrative
adjudication is completed but not to exceed six (6) months.6
Aggrieved by the Order of Suspension, Echiverri, et al. elevated
the matter to the Court of Appeals (CA). While Echiverri, et al. were
able to obtain a temporary restraining order (TRO) and a writ of
preliminary injunction from the CA Special 14th Division,
nevertheless, in its Decision7 dated January 2, 2012, the CA
affirmed the Order of Suspension of the Ombudsman and lifted and
set aside the TRO. The decretal portion of the CA Decision of
January 2, 2012 provides:
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Court Administrator
(OCA) Report dated
November 4, 2014
In its Report27 dated November 4, 2014, the OCA recommended
that:
The basis for the OCA’s recommendation are as follows:
First, insofar as the alleged haste is concerned, indeed, this Court
had ruled in Leviste v. Alameda29 that “the pace in resolving
incidents of the case is not per se an indication of bias.”30
Nevertheless, Judge Sison’s act of issuing a TRO and writ of
preliminary injunction against Erice and the DILG to enjoin the
latter from enforcing the Ombudsman’s Order of Suspension
constitutes a violation of Section 14 of Republic Act No. (RA)
6770,31 which provides:
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Office of the Ombudsman, and for Other Purposes, otherwise known as “The
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No court shall hear any appeal or application for remedy against the
decision or findings of the Ombudsman, except the Supreme Court, on pure
question of law.
Second, in a similar case, Ogka Benito v. Balindong,32 therein
Respondent Judge Balindong issued a 72-hour TRO and extended
the same for 20 days, against the enforcement of a DILG
Department Order implementing a decision to suspend an official for
nine months. This Court found that Judge Balindong’s act
constituted gross ignorance of the law for violating Section 14 of
RA 6770. Judge Balindong was fined P30,000.00.33
Third, the OCA observed that although denominated as a Petition
for Declaratory Relief, it was clear that Echiverri, et al. merely
sought the injunction to prevent the implementation of the
Ombudsman’s Order of Suspension. In this regard, it is the CA that
has appellate jurisdiction over the administrative cases resolved by
the Ombudsman. Thus, Judge Sison cannot relax the rules, take
cognizance of the case, and issue a TRO and writ of injunction
which are beyond his authority.34
The OCA noted that this is Judge Sison’s second offense. In
A.M. No. RTJ-07-2050, he was found guilty of Gross Ignorance of
the Law and was fined P10,000.00. Considering that this is Judge
Sison’s second offense, the penalty of suspension should have been
imposed on him; however, since he was due for compulsory
retirement on December 9, 2014, the OCA recommended that in lieu
of suspension, Judge Sison should be meted a penalty of fine
equivalent to one (1) month’s salary.35
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36 Id., at p. 307.
37 Id., at p. 314.
38 Perfecto v. Desales-Esidera, A.M. No. RTJ-11-2258, September 10, 2012
(Unsigned Resolution).
39 Id.; see Gacad v. Clapis, Jr., 691 Phil. 126, 140; 676 SCRA 534, 548 (2012).
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In any event, Judge Sison should have, at the very least, been
aware that court orders or decisions cannot be the subject matter of
a petition for declaratory relief.47 They are not included within the
purview of the words “other written instrument”48 in Rule 6349 of
the Rules of Court governing petitions for declaratory relief. The
same principle applies to
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Misamis Oriental, Br. 40, Cagayan de Oro City, 543 Phil. 298, 311; 514 SCRA 326,
338 (2007); Board of Commissioners (CID) v. Dela Rosa, 274 Phil. 1156, 1191; 197
SCRA 853, 873 (1991); Presidential Anti-Dollar Salting Task Force v. CA, 253 Phil.
344, 355; 171 SCRA 348, 360 (1989).
46 Department of the Interior and Local Government (DILG) v. Gatuz, id., at p.
160; p. 390.
47 Id., at p. 158; p. 389, citing Reyes v. Ortiz, 642 Phil. 158, 171; 628 SCRA 1, 14
(2010); Natalia Realty, Inc. v. Court of Appeals, 440 Phil. 1, 19; 391 SCRA 370, 384
(2002); Tanda v. Aldaya, 98 Phil. 244, 247 (1956).
48 Id., citing Tanda v. Aldaya, id.
49 Rules of Court, Rule 63, Section 1. Who may file petition.—Any person
interested under a deed, will, contract or other written instrument, whose rights are
affected by a statute, executive order or regulation, ordinance, or any other
governmental regulation may, before breach or violation thereof, bring an action in
the appropriate Regional Trial Court to determine any question of construction or
validity arising, and for a declaration of his rights or duties, thereunder.
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50 Department of the Interior and Local Government (DILG) v. Gatuz, supra note
45 at pp. 158-159; p. 389.
51 Id., at p. 159; p. 389.
52 Id.
53 Id.
54 Rollo, p. 79.
55 Rules of Court, Rule 140, Section 11, as amended by A.M. No. 01-8-10-SC
provides:
SEC. 11. Sanctions.—A. If the respondent is guilty of a serious charge,
any of the following sanctions may be imposed:
1. Dismissal from the service, forfeiture of all or part of the benefits as
the Court may determine, and disqualification from reinstatement or
appointment to any public office, including government-owned or -controlled
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