Supreme Court fines 2 Cebu judges

(The Freeman) Updated December 23, 2009 12:00 AM

CEBU, Philippines - The Supreme Court has fined two Cebu judges after they were found guilty of gross ignorance of the law for interfering in a civil case already taken cognizance of a co-equal court.

The high court has ordered Regional Trial Court Judges Cesar Estrera and

Gaudioso Villarin of Branches 29 and 59, respectively, in Toledo City to pay P21,000 each as fine.

On top of it, Villarin was also required to pay an additional P11,000 after he was also found guilty for undue delay in rendering and order.

The High Tribunal likewise warned the two judges that a repetition of the same offense will be dealt with more severely.

The case stemmed from a complaint filed in February 2007 by the heirs of the late Simeon Piedad before the Office of the Court Administrator.

The complainants administratively charged Villarin and Estrera for issuing an unlawful order against a co-equal court and unreasonably delay the resolution of pending motions.

In 1974, the late Simeon Piedad filed with the Cebu City RTC a case against Candelaria Bobilles and Mariano Bobilles for the annulment of an absolute deed of sale.

Then RTC Judge Benigno Gaviola of the RTC Branch 9 ruled in favor of Piedad in March 19, 1992.

The decision was subsequently upheld by the Court of Appeals which became final and executory six years later.

A writ of demolition was ordered by the late Judge Gaviola which was referred for implementation to Sheriff Antonio A. Bellones.

However, Bobilles filed a petition to probate of the last will and testament of Simeon Piedad, but Gaviola found it untenable as it was viewed as an attempt to stop the enforcement of the demolition order.

Subsequently, Bobilles filed the Petition for Probate of the Last Will and Testament of Simeon Piedad with the Toledo City RTC which was raffled to Branch 59 presided by Villarin.

Another petition was filed by Bobilles with the RTC in Toledo City for the issuance of a temporary restraining order the sheriff to restrain the latter from enforcing the Writ of Demolition.

The petition was granted by Estrera who was the Executive Judge of the Toledo City RTC.

Last January 16, Court Administrator Jose P. Perez submitted his recommendations to the Supreme Court finding Estrera and Villarin guilty of the acts complained of Perez recommended that respondent judges, for gross ignorance of the law, be fined in the amount of PhP21,000 each, and that Villarin be fined in the additional amount of PhP11,000 for undue delay in rendering an order.

The Supreme Court in an order promulgated December 16 upheld the recommendation of Perez. – Fred P. Languido/NLQ (FREEMAN NEWS)