DIGEST/IMMANUEL GRANADA/FELIPE FERRER, ARTURO FERRER AND SERAFIN FERRER VS. JUDGE ADORADO S. LIM/1981

 

FERRER v. JUDGE LIM

 

FACTS

Ferrer’s father filed a forcible entry case against Galanga before Judge Lim. The trial was terminated in 1962 but the judge failed to render his decision.

Judge Lim countered that a decision is dispensable since the Ferrers had voluntarily withdrew their administrative case against him; the CFI of Ilagan, Isabela, has already issued, in another civil case, a writ of possession in favor of Galanga over the parcel of land which is the subject matter of the case pending before him, thus rendering the latter case moot and academic; that of his own knowledge, a case was also filed in the Bureau of Lands involving the same subject matter; that because of the flood which occurred in 1966, the records of cases in his court were destroyed, for which reason the records of the forcible entry cannot now be located.

ISSUE

Is Judge Lim guilty of misconduct in office?

RULING

Yes. Judge Lim is guilty of misconduct in office by unexcusably delaying the disposition of a forcible entry case which ought to be summary and speedy.

Forcible entry is a summary proceeding, entitled to provide an expeditious means of protecting actual possession or right to possession of property.  

The fact that there was flood in 1966 is of no moment considering that he should have decided the case long before it occurred.  Likewise, a civil case filed later in the Court of First Instance is no excuse for respondent to have disposed the forcible entry case much earlier.

Comments

Post a Comment

Popular posts from this blog

[ G.R. No. 214054, August 05, 2015 ] NG MENG TAM, PETITIONER, VS. CHINA BANKING CORPORATION, RESPONDENT.

  THIRD DIVISION [ G.R. No. 214054, August 05, 2015 ] NG MENG TAM, PETITIONER, VS. CHINA BANKING CORPORATION, RESPONDENT. D E C I S I O N VILLARAMA, JR., J.: Before this Court is a direct recourse from the Regional Trial Court (RTC) via petition [1]  for review on the question of whether Section 5 [2]  of the  Judicial   Affidavit   Rule  (JAR) applies to hostile or adverse witnesses.  The petition seeks to annul and set aside the May 28, 2014 [3]  and August 27, 2014 [4]  Orders of the RTC, Branch 139, Makati City in Civil Case No. 08-1028. This case stemmed from a collection suit filed by China Banking Corporation (China Bank) against Ever Electrical Manufacturing Company Inc. (Ever), the heirs of Go Tong, Vicente Go, George Go and petitioner Ng Meng Tam sometime in December 2008.  China Bank alleged that it granted Ever a loan amounting to P5,532,331.63.  The loan was allegedly backed by two surety agreements executed by Vic...
Read more

DIGEST/ACOPIADO/ LARA GIFTS V. PNB 2018

Lara Gifts and Decors, Inc. vs. PNB GR. Nos. 230429-30| January 24, 2018 Digest by: A. Acopiado FACTS: Petitioner company insured a building with respondent bank. Sometime later, the subject of the insurance was gutted by fire. Respondent engaged services of independent appraisers for the fire loss, but the latter were unable to ascertain the damage due to petitioner’s failure to supply documents. Respondent thus denied the insurance claim.  Petitioner sued in the RTC. In the pre-trial the parties agreed to the facts and issues in dispute and the judge issued an order which stipulated that the parties agree to the presentation of additional evidence. None of the parties objected to the stipulation.  Sometime later, petitioner introduced an affidavit and documents which were not submitted in the pre-trial. Respondent objected stating that the same is violative of the judicial affidavit rule and the court memo governing pre-trial procedures and modes of discovery (A....
Read more

G.R. No. 230429 LARA'S GIFT AND DECORS, INC., Petitioner vs. PNB GENERAL INSURERS CO., INC. and UCPB GENERAL INSURANCE CO., INC., Respondents

 t HIRD DIVISION January 24, 2018 G.R. No. 230429 LARA'S GIFT AND DECORS, INC.,  Petitioner vs. PNB GENERAL INSURERS CO., INC. and UCPB GENERAL INSURANCE CO., INC. , Respondents D E C I S I O N VELASCO,JR.,  J.: Nature of the Case Before this Court is a petition for review under Rule 45 of the Rules of Court, seeking to reverse and set aside the March 6, 2017 Amended Decision 1  of the Court of Appeals (CA), Special Former Fifth Division, in CA-G.R. SP Nos. 138321 and 138774. The Amended Decision granted respondents' motions for the reconsideration of the December 21, 2015 Decision 2  of the CA's Former Fifth Division annulling and setting aside the Omnibus Orders dated October 1, 2014 and November 26, 2014 of the Regional Trial Court (RTC) of Makati City, Branch 14 7, in Civil Case No. 11-238. Factual Antecedents Petitioner Lara's Gifts and Decors, Inc. (LGDI) is engaged in the business of manufacturing, selling, and exporting various handicraft items and decor...
Read more