2013-0425

Remedial Law Review 2 Atty. Gabriel Dela Pena

CASE CRITIC

RULE 58

GUSTILO VS REAL

A.M. No. MTJ-00-1250. February 28, 2001

Complainant avers that he was a candidate for punong barangay of Barangay Punta Mesa,
Manapla, Negros Occidental in the May 12, 1997 elections. His lone opponent was Weddy C. Libo-on,
then the incumbent punong barangay and the representative of the Association of Barangay Captains
(ABC) to the Sangguniang Bayan of Manapla and the Sangguniang Panlalawigan of Negros Occidental.
Both complainant and Libo-on garnered eight hundred nineteen (819) votes during the elections,
resulting in a tie. The breaking of the tie by the Board of Canvassers was in complainants favor and he
was proclaimed duly elected punong barangay of Punta Mesa, Manapla. his opponent filed an election
protest case, docketed as Civil Case No. 703-M, before the MCTC of Victorias-Manapla, Negros
Occidental. Libo-on sought the recounting of ballots in two precincts, preliminary prohibitory injunction,
and damages. Respondent claims that on May 29, 1997, Libo-on and his counsel appeared but
complainant did not, despite due notice. The hearing then proceeded, with Libo-on presenting his
evidence. As a result, he issued the TRO prayed for and annulled complainants proclamation. Which the
complainant was not even notified of the said hearing.

As a member of the Judiciary, it is of high regards that one should be knowledgeable about
the different court processes, and the grounds for the issuance of temporary restraining order or
injuncition. Since such power is a provisional remedy and could be used to at least protect both of the
parties whose substantive right can be violated because of some act of a person. He also should know
the limits of his jurisdiction as member of the judiciary, which cases that is within his jurisdiction or
which cases does not fall within his jurisdiction.

It is only proper to recognize the findings of OCA that indeed the respondent Judge had clearly
manifested wanton bias and blatant ignorance of the rules and the law. Which warrants the penalty
imposed against him. A member of the Judiciary should manifest fairness, candor and equality amongst
the parties. Not tainted with gross ignorance and blatant disregard of the rules and laws and shouldn’t
only be imposed with a stern warning against the acts he committed.