Tuesday, December 06, 2011

National Power Corporation, represented its President Cyril Del Callar vs. Judge Santos B. Adiong, Regional Trial Court, BR. 8, Marawi City, A.M. No. RTJ-07-2060. July 27, 2011

Judge; gross ignorance of the law. Respondent Judge failed to conduct a pre-trial conference contrary to elementary rules of procedure which he should have known all too well considering his long years of service in the bench. Such ignorance of a basic rule in court procedure, as failing to conduct pre-trial, sadly amounts to gross ignorance and warrants a corresponding penalty. As to the allegations of poor judgment and gross ignorance of basic legal principles in granting the motions for execution pending appeal for flimsy and unsupported reasons, the particular reasons relied upon by respondent judge for issuing the writ of execution pending appeal are so unreliably weak and feeble that it highlights the lack of knowledge of respondent judge with regard to the proper appreciation of arguments. Dire financial conditions of the plaintiffs supported by mere self-serving statements as “good reason” for the issuance of a writ of execution pending appeal does not stand on solid footing. It does not even stand on its own. National Power Corporation, represented its President Cyril Del Callar vs. Judge Santos B. Adiong, Regional Trial Court, BR. 8, Marawi City, A.M. No. RTJ-07-2060. July 27, 2011

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