SECOND DIVISION
A.C. No. 9298 [formerly CBD Case No. 12-3504], July 29, 2019
PRESIDING JUDGE AIDA ESTRELLA MACAPAGAL, REGIONAL TRIAL COURT, BR. 195, PARAÑAQUE CITY, COMPLAINANT, v. ATTY. WALTER T. YOUNG, RESPONDENT.
D E C I S I O N
CAGUIOA, J.:
In a letter-complaint1 dated November 10, 2011 addressed to Deputy Clerk of Court and Bar Confidant, Atty. Ma. Cristina B. Layusa (Atty. Layusa), Presiding Judge Aida Estrella Macapagal (Judge Macapagal), Regional Trial Court (RTC), Branch (Br.) 195, Parañaque City alleged that on even date, she received a letter from respondent Atty. Walter T. Young (Atty. Young), threatening her that an administrative and a criminal complaint for "knowingly rendering an unjust judgment" would be filed against her if the writ of possession/writ of demolition would be implemented. This was in connection with a pending complaint for expropriation (Civil Case No. CV-04-0245) filed by the City of Parañaque against Magdiwang Realty Corporation and Fil-Homes Realty Development Corporation.
It appears that even before the said case was unloaded to Judge Macapagal in 2008, the writ of possession had already been issued in 2006 by the previous presiding judge. On February 3, 2011, Judge Macapagal granted the plaintiffs motion for demolition and issued the corresponding writ, which the sheriff served on the occupants of the subject properties on October 28, 2011. In her letter, Judge Macapagal alleged that Atty. Young committed an act unbecoming of a lawyer in violation of the Code of Professional Responsibility (CPR) in sending the subject threatening letter.2
Portions of the subject letter sent by Atty. Young are hereby reproduced as follows:
Dearest Madame:
With all due respect and utmost, I am the counsel for certain residents of the Silverio Compound against whom a writ of possession/writ of demolition was/were issued by the Regional Trial Court of Parañaque City (Branch 195) [the "RTC"] which branch is presently presided by Your Honor.
Again, with utmost reverence, we wish to formally inform you that on my clients' behalf, we have filed a petition for annulment of judgment with prayer for injunctive relief under Rule 47 of the Rules of Court which has been docketed as CA-GR-SP. No. 121938 with the Honorable Court of Appeals. While we have copy furnished the RTC a copy of the petition via registered mail, we hereby attached (sic) the first page of the petition for your easy reference and guide as Annex "A".
Modesty aside, I am also the counsel for the K-Ville residents who recently figured in the so-called Torres land grab scam which affected a 24-hectare parcel of land in the heart of Quezon City and that I have[,] in coordination with my colleagues, caused the filing of an administrative complaint both against the Sheriff and the Presiding Judge for the uncanny attempts to execute a judgment against non-parties to the case.
Indeed, this expropriation case as well as the Torres land grab case, though at first blush are distinct from each other, have drawn certain parallels. The most significant parallelism is that in both cases, both magistrates, particularly Your Honor, in regard to this expropriation case, are attempting to execute a judgment against non-parties to the cases. The foregoing indeed is a very basic violation of a fundamental precept of law which strikes at the very heart of the concept of "due process". Having declared such, and with all due respect, but much to our regret, we wish to make manifest that we will be compelled to file an administrative complaint against you before the Office of the Court Administrator as well as a criminal complaint for "knowingly rendering an unjust judgment" if you should persist in your stubborn actuation of implementing the writ of possession/writ of demolition against non-parties to the expropriation case.
Apart from the concept of judicial courtesy that ought to be accorded the Honorable Court of Appeals, may we pray therefore unto Your Honor that heretofore, Your Honor must cease and desist from any action that would prove to be violative of the basic right to due process of my clients by refraining from implementing the writ of possession as well as the writ of demolition. Thank you so much and please be guided accordingly.3
(2) A writ of possession was issued by the Complainant Judge Macapagal which was set to be implemented in November 2011, for which reason, my professional service was engaged by informal settlers who have not been impleaded as defendants to the Case.
(3) As an initial reaction to thwart the eviction of the informal settlers, I called the attention of the Complainant Judge Macapagal by way of a letter which I discreetly labeled as CONFIDENTIAL on the envelope thereof.
(4) The main purpose of the letter sent to Complainant Judge Macapagal was to avert the outright eviction of the informal settlers considering that these informal settlers have not been impleaded as parties-defendants to the Case. Subsequently thereto, I filed a petition for annulment of judgment with prayer for injunctive relief with the Court of Appeals on November 8, 2011 which was docketed as CA-GR SP No. 121938 xxx.
x x x x
(6) First and foremost, there was no intention to malign and contumaciously threaten the Complainant Judge Macapagal through that letter dated November 10, 2011.
(7) The sending of the letter dated November 10, 2011 was in fact an act made to courteously warn and prevent the Complainant Judge Macapagal into committing a judicial act which would be a transgression of the basic rights of the informal settlers who were then my clients to due process, thus making Complainant Judge Macapagal truly vulnerable to criminal as well as administrative complaints.
x x x x
(9) What was in fact intriguing and interesting was that Friday, October 28, 2011, preceded a long holiday and that on the basis of the notice given to them, the informal settlers were merely given a 10-day grace period to vacate lest the specter of demolition operations will be in their midst. x x x
(10) The Complainant Judge Macapagal ought to feel obliged because, plausibly by reason of the letter, the Complainant, (sic) Judge Macapagal was accorded an opportunity for a second-sober-thought consideration. And this second-sober-though (sic) consideration may have actually prevented Complainant Judge Macapagal from pursuing through her court sheriff with the scheduled demolition operations in the morning of November 11, 2011 until the TRO got issued in mid-morning of that day, x x x.
(11) In truth, a very apt passage/quotation which presents an analogy in the warning conveyed unto the Complainant Judge Macapagal appears in the Book of Ezekiel in the Holy Bible which reads:
x x x x
(12) Truly indeed, no one is INFALLIBLE and we must be thankful in case one would fearlessly call our attention to our mistakes and/or possible mistakes.
(13) What made a palpable impression that the Complainant Judge Macapagal was initially stubbornly pursuing the demolition operations, plausibly because of her desire to please and gratify the Honorable Mayor of Parañaque City, where her court sits, was the fact that efforts to get certified true copies of the court documents were given a run-around by the court personnel.
(14) First, on November 2, 2011 when the initial request was made, it was declared that the records of the case were with the Sheriff (which was a very ridiculous excuse indeed as Sheriffs do not bring home, court records) and that the court sheriff may not report to work on that day.
(15) On November 3, 2011, still the request was ignored as purportedly; (sic) my clients are not parties to the case. It was only on the third attempt on November 4, 2011, when my clients were furnished certified true copies and only after one of my clients, x x x threatened that court staff that a complaint will be lodged with the Office of the Court Administrator if the request is continuously ignored.
x x x x
(19) Truly, it has been said that if we continue to tolerate misdemeanors in government, our country will continue to be graft-ridden. The best option therefore is to forewarn government functionaries so that they may not be lured to commit misdemeanors by inadvertence. And if the warning is totally ignored, to reveal and disclose and bring to the proper venue all forms of corruption and misdemeanors in government through vigilance and watchfulness.
(20) And government functionaries including court magistrates must not feel too onion-skinned every time their attention is called to possible instance of such misdemeanors. Further, it ought to be remembered that no one is above the law and that anybody be he or she is mighty and powerful must not forget the fact that every one must be accorded his/her right to due process.
(21) Plausibly, the Complainant Judge Macapagal might have overlooked the fact that my clients not being parties to the case must not be subject of execution of a court judgment in a case where they have not been heard.
(22) With this Comment which has delineated and proffered the explanation for the conveyance of the letter, I firmly believe that I have erased all doubts on my supposed culpability to the effect that I have disrespectfully maligned and/or irreverently threatened Complainant Judge Macapagal.7 (Bold in the original; notations ours)
x x x with all due respect, but much to our regret, we wish to make manifest that we will be compelled to file an administrative complaint against you before the Office of the Court Administrator as well as a criminal complaint for "knowingly rendering an unjust judgment" if you should persist in your stubborn actuation of implementing the writ of possession/writ of demolition against non-parties to the expropriation case.37 (Bold in the original)
Endnotes:
1Rollo, pp. 1-2.
2 Id.
3 Id. at 3. (Bold in the original)
4 Id. at 13.
5 Id. at 14-16.
6 Id. at 30-35.
7 Id. at 30-34.
8 Id. at 29.
9 Id. at 53.
10 Id. at 55.
11 Id. at 66.
12 Id. at 56-65.
13 CANON 18 — A lawyer shall serve his client with competence and diligence.
14 CANON 19 — A lawyer shall represent his client with zeal within the bounds of the law.
15Rollo, pp. 62-64.
16 Id. at 71-73.
17 Id. at 72.
18 Id.
19 Id. at 70.
20 Id. at 74-82.
21 CANON 11 — A lawyer shall observe and maintain the respect due to the Courts and to judicial officers and should insist on similar conduct by others.
22 RULE 11.04 A lawyer shall not attribute to a Judge motives not supported by the record or have no materiality to the case.
23Rollo, p. 80.
24 Id. at 81.
25 98 Phil. 211 (1956).
26 519 Phil. 195 (2006).
27 142 Phil. 353 (1970).
28Rollo, pp. 83-90.
32 Id. at 84-86.
33 552 Phil. 512 (2007).
34 RULE 19.01 A lawyer shall employ only fair and honest means to attain the lawful objectives of his client and shall not present, participate in presenting or threaten to present unfounded criminal charges to obtain an improper advantage in any case or proceeding.
35Rollo, p. 91.
36 Id. at 92.
37 CANON 10 — A lawyer owes candor, fairness and good faith to the court.
38Rollo, p. 92.
39 Id. at 97.
37 Id. at 3.
38 Id. at 32.
39 Id. at 31.
40 787 Phil. 86 (2016).
41 Id. at 99-100.
42 Atty. Young had been admitted to the Philippine Bar in 1981, as per his data in the Supreme Court lawlist, accessed at < http://sc.judiciary.gov.ph/lawlist/143525/ >.
43Office of the Court Administrator v. Egipto, Jr., A.M. No. P-05-1938, January 30, 2018, 853 SCRA 339, 341, citing Arganosa-Maniego v. Salinas, 608 Phil. 334 (2009).