Santiago D. Ortega, Jr. vs. Judge Rogelio LL. Dacara
A.M. No. RTJ-15-2423
January 11, 2017
FACTS:
This is a case where a complaint
was charged to Judge Dacara for gross ignorance of the law and gross
inexcusable negligence.
The
petitioner/complainant, President of the Siramag Fishing Corporation (SFC), filed a case against
the Regional Director and Chief of Fisheries Resource Management of BFAR-RO-V.
The case was raffled to RTC-Branch 37, Iriga City, Camarines Sur, presided by
respondent judge.
After the
hearing, the respondent judge denied the complainant’s application for writ of
preliminary mandatory injunction due to lack of clear and inestimable right to be protected,
prohibition to the court to issue such writ based on PD 605 and lack of
territorial jurisdiction.
The
Office of the Court Administrator (OCA) in their report and recommendation
found the respondent judge favorable as regards to his decision denying to
issue the writ. However, with regards to
territorial jurisdiction, OCA found the respondent berief of merit.
ISSUE:
Whether
or not the respondent judge erred in his
decision as regards the complainant’s application for the issuance of writ of
preliminary mandatory injunction.
RULING:
The
Supreme Court ruled in favor of the respondent judge. The respondent was correct in his decision
not to issue the writ since he was prohibited as expressed under Sec. 1 of PD
605. Also, the respondent judge
correctly observed that the complainant failed to show that there is a clear
and inescapable right to be protected to justify the issuance.
With
regard to territorial jurisdiction, the respondent judge erred since the office
concerned was located in Pili Camarines Sur which was within the jurisdiction
of RTC – Branch 37 of Iriga City.
However, considering the circumstances of the case and the lack of
malice and bad faith on the part of the respondent, the court found the
respondent judge not liable. The case
was dismissed.
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