EN BANC
A.M. No. RTJ-16-2457 [Formerly OCA I.P.I. No. 14-4291-RTJ], February 21, 2017
DR. RAUL M. SUNICO, IN HIS CAPACITY AS PRESIDENT OF THE CULTURAL CENTER OF THE PHILIPPINES, Complainant, v. JUDGE PEDRO DL. GUTIERREZ PRESIDING JUDGE, REGIONAL TRIAL COURT, BRANCH 119, PASAY CITY, Respondent.
D E C I S I O N
PER CURIAM::
Before us is an Administrative Complaint1 filed by Dr. Raul M. Sunico (Dr. Sunico) against respondent Judge Pedro DL. Gutierrez (respondent Judge), Presiding Judge, Regional Trial Court, Branch 119, Pasay City, for gross ignorance of the law, grave abuse of authority, gross neglect of duty, and violation of the New Code of Judicial Conduct, in connection to Civil Case No. R-PSY-12-10726-CV, entitled "Felix Espiritu v. Raul Sunico, in his capacity as President of the Cultural Center of the Philippines."
In his Complaint2 dated July 10, 2014, Dr. Sunico, in his capacity as the President of the Cultural Center of the Philippines (CCP), alleged that the latter entered into a five (5)-year lease contract on a property owned by CCP with Felix Espiritu (Espiritu), covering the period of June 16, 2007 until June 15, 2012. Thereafter, Espiritu operated his Yakitori Dori Bar and Grill Restaurant on the leased property.3
On April 18, 2012, the CCP management notified Espiritu that it will no longer renew the lease contract after its termination on June 15, 2012. CCP demanded that Espiritu settle his outstanding obligation.4 Espiritu, however, expressed his interest to renew the lease contract for another five (5) years, but CCP rejected the offer. On June 19, 2012, after the expiration of the contract, CCP sent a notice of disconnection of electricity and water supply to Espiritu.5
On June 27, 2012, Espiritu filed a Petition for Specific Performance6 to fix the lease period, injunction and damages before the sala of respondent Judge Gutierrez, who was then on leave.7 Vice-Executive Judge Wilhelmina J. Wagan denied the application for a 72-hour TRO.8 On July 3, 2012, pairing Judge Rowena Nieves Tan also denied the application for issuance of a 20-day TRO for lack of merit.9 Meanwhile, CCP disconnected the electric and water supplies in the subject premises.10
On July 24, 2012, Espiritu filed an Ex Parte Manifestation with Motion for Reconsideration and Status Quo Ante Order11 which was set for hearing on July 27, 2012. Dr. Sunico claimed that CCP received the copy of the Manifestation/Motion only on August 2, 2012.12 Dr. Sunico alleged that despite the violation of the three (3)-day notice rule, respondent Judge Gutierrez issued an Order dated July 27, 2012 directing CCP to file its comment/opposition within (5) days from notice.13 CCP received the Order on August 22, 2012 and had until August 28, 2012 to file its comment (August 27, 2012 was a non-working holiday). Due to time constraints, CCP asked for extension of time, or until September 7, 2012, to file its comment.14 However, on August 28, 2012, Dr. Sunico lamented that, without waiting for their comment/opposition which was filed within the requested period of extension, respondent judge immediately issued an Order resolving the motion in favor of Espiritu.15
CCP moved for reconsideration of the Order dated August 28, 2012 but was denied. Dr. Sunico alleged that respondent judge was partial and that he also violated CCP's right to procedural due process when he resolved Espiritu's motion without awaiting for CCP's comment/opposition.16
After hearing, respondent judge issued an Order dated September 25, 2012 granting Espiritu's motion for the issuance of preliminary injunction.17 A writ of preliminary injunction was issued on September 28, 2012 after posting of bond.18 On October 10, 2012, Dr. Sunico filed a Motion for Reconsideration of the Order and for the Dissolution of the Writ of Preliminary Injunction.19 To expedite the proceedings, CCP filed a Manifestation with Extremely Urgent Motion for Early Resolution of its Motion for Reconsideration20 dated December 13, 2012. Dr. Sunico claimed that respondent judge failed to act on the motion despite the lapse of more than three (3) months from the time of the filing to resolve.21 On March 6, 2013, CCP filed another Reiterative Motion for Speedy Resolution of the Motion for Reconsideration.22
Finally, after more than 5 months, respondent judge denied Dr. Sunico's motion for reconsideration in an Order dated April 1, 2013. Dr. Sunico resented that the said order is a mere one-page document with three (3) short paragraphs which failed to explain how respondent judge arrived at said order. Dr. Sunico, likewise, claimed that the "apathetic" and "nail-pace" actions of respondent judge to CCP's motion fostered suspicion on his impartiality.23
On May 17, 2013, Dr. Sunico sought respondent judge's inhibition. During the hearing, respondent judge stated that Dr. Sunico's motion was improper, since certiorari was the better remedy. He also asked Dr. Sunico if it was possible to give Espiritu an extension of the lease contract. Meanwhile, on June 27, 2013, Dr. Sunico filed a Petition for Certiorari of the Orders dated September 25, 2012 and April 1, 2013 before the Court of Appeals (CA), docketed as CA-G.R. SP No. 130529.24
After four (4) months from the filing of the motion for inhibition, respondent judge issued an Order25 dated September 26, 2013 stating that he shall inhibit from the case provided that the petition for certiorari before the CA is granted and that he is found to have gravely abused his discretion in issuing the writ of preliminary mandatory injunction.
In a Decision26 dated November 11, 2013, the CA found respondent judge Gutierrez gravely abused his discretion in issuing the Orders dated September 25, 2012 and April 1, 2013. The appellate court stated that Espiritu was not entitled to a writ of preliminary injunction since there was no showing that he had a clear and unmistakable right that must be protected.
Consequently, Dr. Sunico reiterated its motion for respondent judge's inhibition. In an Order27 dated January 15, 2014, respondent judge deferred his inhibition until the resolution of the Motion for Reconsideration filed by Espiritu before the CA. The CA denied the motion for reconsideration in a Resolution dated March 10, 2014 for lack of merit. However, notwithstanding the denial by the CA of Espiritu's motion for reconsideration, respondent judge refused to recuse himself from the case.28
On April 29, 2014, Espiritu filed a Petition for Review on Certiorari before the Supreme Court (SC). Meanwhile, CCP fenced certain areas of the subject property within its perimeter but excluded the subject leased premises. Espiritu misinterpreted CCP's action as violative of the status quo ante issued by respondent judge on August 28, 2012. Hence, Espiritu filed an Ex Parte Manifestation with Motion for Issuance of Show Cause Order against CCP.29
On May 9, 2014, Espiritu filed a Supplemental Motion for Removal of Fence, which was set for hearing on May 13, 2014. Dr. Sunico filed a reiterative Ex-Parte Motion for Immediate Inhibition of respondent judge. During the hearing, the Motion for Issuance of Show Cause Order and the Supplemental Motion filed by Espiritu were simultaneously heard. Complainant Dr. Sunico assailed the actions of respondent judge in entertaining Espiritu's motions. Furthermore, respondent judge urged the parties to forge a compromise to remove the fence.30
On June 2, 2014, Dr. Sunico filed a Consolidated Opposition to the Motions of Espiritu with Fourth Reiteration of its motion for respondent judge's inhibition.31
In an Order dated June 4, 2014, respondent judge Gutierrez ruled as follows:
WHEREFORE, premises considered, the Court hereby rules as follows:On June 5, 2014, CCP filed a Motion for Reconsideration with Fifth Reiterative Motion for Inhibition.33 Complainant Dr. Sunico insisted that respondent judge has been partial from the very start. He ordered the removal of the fence which was outside the subject leased premises and even inspected the property without CCP's knowledge or presence, and continued to hear the case apparently to accommodate and protect Espiritu.a. Petitioner's motion for issuance of show cause Order is granted and hence gives respondent Raul Sunico to explain in writing within fifteen (15) days from receipt hereof why he should not be cited for contempt;
b. Petitioner's motion for removal of fence is also granted and respondent through its officers are ordered to remove all the fences around the leased premises of petitioner within twenty-four (24) hours from receipt hereof under pain of contempt of court for failure to comply with the same or referral to the Ombudsman upon complaint of petitioner; and
c. The motion to inhibit filed by respondent is denied for lack of merit.32
In the present case, we find that private respondent Espiritu is not entitled to a writ of preliminary mandatory injunction since there is no showing that he has a clear and unmistakable right that must be protected.Based on the foregoing, respondent judge manifested ignorance as to the propriety or impropriety of issuing a writ of preliminary injunction. The evidence presented in the application for preliminary injunction do not show the presence of the requisites for Espiritu's entitlement to a writ of preliminary mandatory injunction. Indeed, the expired lease contract itself would have easily shown that Espiritu was not entitled to the writ. In fact, the initial attempts by Espiritu to get an injunction against CCP were denied in the Orders dated June 27, 2012 and July 3, 2012, respectively, in the same case.48 It should be pointed out also that Espiritu filed a motion for reconsideration which the CA rejected anew. Thus, without basis in fact and in law, respondent judge's issuance of the writ of preliminary injunction shows manifest gross ignorance of the law.
It is a deeply ingrained doctrine in Philippine remedial law that a preliminary injunctive writ under Rule 58 issues only upon a showing of the applicant's "clear legal right" being violated or under threat of violation by the defendant. "Clear legal right," within the meaning of Rule 58, contemplates a right "clearly founded in or granted by law." Any hint of doubt or dispute on the asserted legal right precludes the grant of preliminary relief... These procedural barriers to the issuance of a preliminary injunctive writ are rooted on the equitable nature of such relief, preserving the status quo while, at the same time, restricting the course of action of the defendants even before adverse judgment is rendered against them.
x x x
The initial evidence presented by private respondent Espiritu before the public respondent in the preliminary injunction incident do not show the presence of the requisites for his entitlement to a writ of preliminary mandatory injunction. Ergo, public respondent committed grave abuse of discretion amounting to lack or in excess of jurisdiction in issuing a writ of preliminary mandatory injunction against petitioner CCP which has no basis in fact or in law. The only evidence needed by (public respondent) to justify the issuance of the writ, if indeed there was a need to issue one, was the lease contract itself which. Though evidentiary in nature, would have shown, at first glance, that (private respondent Espiritu) was not entitled to the writ, even without a full-blown trial. The situation before the Court is ... a consequence of the parties' stipulation of a determinate period for (the lease contract's) expiration. The possibility of irreparable damage without proof of actual existing right is not a ground for injunction. Where the complainant's right is doubtful or disputed, injunction is not proper. Absent a clear legal right, the issuance of the injunctive relief constitutes grave abuse of discretion. A finding that the applicant for preliminary mandatory injunction may suffer damage not capable of pecuniary estimation does not suffice to support an injunction, where it appears that the right of the applicant is unclear or dispute. (Emphasis ours)
Wherefore, premises considered, the Petition is GRANTED. The Orders dated 25 September 2012 and 01 April 2013 of the Regional Trial Court, National Capital Judicial Region, Branch 119, Pasay City, in Civil Case No. R-PSY-12-10726-CV are NULLIFIED. Accordingly, the writ of preliminary mandatory injunction issued in favor of private respondent Felix Espiritu doing business under the name and style "Yakitori Dori Bar and Grill Restaurant" is LIFTED and any bond posted by the latter is CANCELLED. Costs against private respondent.However, even after the pronouncements of the appellate court that respondent judge committed grave abuse of discretion, in an Order50 dated May 13, 2014, he opted to proceed with the subject case and even further enjoined the parties to make a compromise agreement relative to the removal of the fence placed on the premises of Espiritu. Worse, in an Order51 dated June 4, 2014, respondent judge again granted Espiritu's motion for the removal of fence which CCP constructed outside of the leased premises, and denied anew Dr. Sunico's motion to inhibit. Clearly, judging by the foregoing, the Court can only conclude that the actuations of respondent Judge were not only gross ignorance of the law of the effect of the appellate court's finding of grave abuse of discretion but defiance as well to the lawful directives/orders of the appellate courts.
SO ORDERED.
Section 1. Disqualification of judge. - No judge or judicial officer shall sit in any case in which he, or his wife or child, is pecuniarily interested as heir, legatee, creditor or otherwise, or in which he is related to either party within the sixth degree of consanguinity or affinity, or to counsel within the fourth degree, computed according to the rules of the civil law, or in which he has been executor, administrator, guardian, trustee or counsel, or in which he has presided in any inferior court when his ruling or decision is the subject of review, without the written consent of all parties in interest, signed by them and entered upon the record.The Rules contemplate two kinds of inhibition: compulsory and voluntary. Under the first paragraph of the cited Rule, it is conclusively presumed that judges cannot actively and impartially sit in the instances mentioned. The second paragraph, which embodies voluntary inhibition, leaves to the sound discretion of the judges concerned whether to sit in a case for other just and valid reasons, with only their conscience as guide. Here, the case of respondent judge would fall under the concept of voluntary inhibition.
A judge may, in the exercise of his sound discretion, disqualify himself from sitting in a case, for just or valid reasons other than those mentioned above.
Endnotes:
1Rollo, pp. 1-25.
2Id. at 2-3.
3Id. at 2.
4Id.
5Id. at 3.
6Id. at 29-48.
7Id. at 3.
8Id. at 49-50.
9Id. at 51-54.
10Id. at 4.
11Id. at 77-86.
12Id. at 5.
13Id. at 352.
14Id. at 5.
15Id. at 88-93.
16Id. at 6.
17Id. at 116-122.
18Id. at 123-124.
19Id. at 127-150.
20Id. at 153-155.
21Id. at 7-8.
22Id. at 8.
23Id.
24Id.
25Id. at 161.
26Id. at 163-180. Penned by Associate Justice Celia C. Librea-Leagogo, with Associate Justices Rosmari C. Carandang and Melchor Q. C. Sadang, concurring.
27Rollo, p. 203.
28Id. at 10.
29Id. at 10-11.
30Id. at 12.
31Id.
32Id. at 282-283.
33Id. at 284-293.
34Id. at 331.
35Id. at 361-362.
36Id. at 335-350.
37Id. at 341.
38Id. at 347-348.
39Id. at 348-349.
40Id. at 369.
41Id. at 366-374.
42Id. at 127-151.
43Id. at 152.
44Id. at 153-155.
45Id. at 338.
46 Section 15(1), Article VIII of the Constitution.
47Spouses Marcelo v. Judge Pichay, 729 Phil. 113, 122 (2014).
48 Penned by Judge Wilhelmina G. Jorge-Wagan and Judge Rowena Nieves A. Tan, respectively, in Felix Espiritu, doing business under the name and style Yakitori Dori Bar And Grill Restaurant v. Raul Sunico.
49Malayang Manggagawa ng Stayfast Phils., Inc. v. National Labor Relations Commission, Stayfast Philippines, Inc./ Maria Almeida, 716 Phil. 500, 516 (2013).
50Rollo, p. 246.
51Id. at 280-283.
52Spouses Lago v. Judge Abul, Jr., 654 Phil. 479, 491 (2011).
53Id.
54BGen. (Ret.) Ramiscal v. Hon. Justices Hernandez, et al., 645 Phil. 550, 558 (2010).
55Rollo, p. 203.
56Felix Espiritu v. Cultural Center of the Philippines.