The Supreme Court has affirmed the importance of adhering to procedural guidelines in the issuance of Temporary Restraining Orders (TROs). This case emphasizes that judges must comply with Administrative Circular No. 20-95, which mandates that TROs be issued only after a summary hearing, and that ex parte TROs are reserved for cases of extreme urgency and are effective for a limited period of seventy-two hours. Violations of these rules can lead to administrative liability, underscoring the judiciary’s commitment to ensuring due process and preventing abuses of power.

The Case of the Disregarded Directive: When Urgency Becomes Abuse

This administrative case arose from a complaint filed by Josefina Merontos Vda. de Sayson against Judge Oscar E. Zerna of the Regional Trial Court of Lanao del Norte, Branch 7. The core issue revolves around Judge Zerna’s issuance of a Temporary Restraining Order (TRO) in Civil Case No. 07-373, which allegedly violated Supreme Court Circular No. 20-95. Sayson contended that the TRO was issued without proper notice and hearing, thereby infringing on her constitutional right to due process. The controversy centers on whether Judge Zerna acted with gross ignorance of the law, gross misconduct, and grave abuse of authority in issuing the TRO.

The facts reveal that on June 7, 1996, Judge Zerna issued a TRO in favor of Napoleon Lee Sr., directing defendants Francisco Lumayag, Jose Bravo, and Ricardo Sayson to refrain from entering a parcel of land registered under Lee’s name. This TRO was served on Josefina Sayson, who, despite not being a party to the case, claimed that the deputy sheriff entered her fishpond and harvested prawn and fish products. Sayson argued that the TRO was issued with patent violation of her due process rights and in clear disregard of Supreme Court Circular No. 20-95, which requires notice and a summary hearing before issuing TROs.

In his defense, Judge Zerna contended that the TRO was issued considering the perishable nature of the prawns and the presence of a ready buyer, which he believed constituted a matter of extreme urgency. He cited paragraph 3 of Administrative Circular No. 20-95, which allows the Executive Judge to issue a TRO effective for twenty days in cases of extreme urgency. However, the Court Administrator found that Judge Zerna was remiss in his duties by granting a TRO effective for twenty days without conducting a summary hearing as required by law.

Administrative Circular No. 20-95 explicitly outlines the procedures for issuing TROs and preliminary injunctions. It emphasizes that applications for TROs should be acted upon only after all parties are heard in a summary hearing conducted within twenty-four hours after the records are transmitted to the branch selected by raffle. The circular does allow for an ex parte TRO in cases of extreme urgency, but this TRO is effective for only seventy-two hours and must be followed by a conference and raffle of the case. The purpose of these rules is to prevent grave injustice and irreparable injury while ensuring due process.

“If the matter is of extreme urgency, such that unless a TRO is issued, grave injustice and irreparable injury will arise, the Executive Judge shall issue the TRO effective only for seventy-two (72) hours from issuance but shall immediately summon the parties for conference and immediately raffle the case in their presence.”

The Supreme Court found Judge Zerna’s interpretation of the Circular untenable. The Court stressed that judges must remain diligent in keeping abreast of developments in law and jurisprudence. In Golangco v. Villanueva, the Court held that a judge’s disregard of Supreme Court pronouncements on TROs is not merely ignorance but also misconduct and grave abuse of authority. However, to be punishable, the ignorance of the law must be motivated by bad faith, fraud, dishonesty, or corruption.

In this case, the Court found bad faith and dishonesty on Judge Zerna’s part. He claimed extreme urgency due to the perishable nature of the prawns and the presence of a buyer. Yet, Napoleon Lee’s complaint did not contain such allegations. The Court noted that there was no mention of the immediate need to harvest prawns or any produce from the disputed property. This inconsistency suggested that Judge Zerna was attempting to justify his actions with fabricated reasons.

Furthermore, the Court highlighted that the TRO was rushed. Just a day after the complaint was filed, the TRO was issued and served on Josefina Sayson without any effort to notify the defendants or schedule a summary hearing. This lack of due process and procedural compliance further supported the finding of misconduct and abuse of authority.

The Supreme Court held Judge Oscar E. Zerna liable for gross ignorance of the law, misconduct, and grave abuse of discretion. He was fined P5,000 with a warning that a repetition of the same or a similar offense would be dealt with more severely. The Court’s decision underscores the importance of strict adherence to procedural rules and the protection of due process rights in the issuance of TROs. Judges must act with diligence, impartiality, and a thorough understanding of the law to maintain the integrity of the judicial system.

FAQs

What was the key issue in this case?	The key issue was whether Judge Zerna acted with gross ignorance of the law, gross misconduct, and grave abuse of authority in issuing a Temporary Restraining Order (TRO) without proper notice and hearing, in violation of Supreme Court Circular No. 20-95.
What is Administrative Circular No. 20-95?	Administrative Circular No. 20-95 outlines the special rules for Temporary Restraining Orders (TROs) and preliminary injunctions, requiring that applications for TROs be acted upon only after a summary hearing, except in cases of extreme urgency where an ex parte TRO can be issued for a limited time.
Under what circumstances can a judge issue an ex parte TRO?	A judge can issue an ex parte TRO only in cases of extreme urgency where grave injustice and irreparable injury would arise if the TRO is not immediately issued. This TRO is effective for seventy-two hours and must be followed by a conference and raffle of the case.
What was Judge Zerna’s defense in this case?	Judge Zerna argued that the TRO was issued due to the perishable nature of the prawns and the presence of a ready buyer, which he believed constituted a matter of extreme urgency justifying the ex parte issuance.
Why did the Supreme Court reject Judge Zerna’s defense?	The Supreme Court rejected Judge Zerna’s defense because Napoleon Lee’s complaint did not contain any allegations regarding the immediate need to harvest prawns or the presence of a buyer, suggesting that Judge Zerna fabricated these reasons to justify his actions.
What is the significance of the Golangco v. Villanueva case in this context?	The Golangco v. Villanueva case established that a judge’s disregard of Supreme Court pronouncements on TROs is not merely ignorance but also misconduct and grave abuse of authority, especially when motivated by bad faith, fraud, dishonesty, or corruption.
What was the penalty imposed on Judge Zerna?	Judge Zerna was found liable for gross ignorance of the law, misconduct, and grave abuse of discretion and was fined P5,000 with a warning that a repetition of the same or a similar offense would be dealt with more severely.
What does this case highlight about the judiciary’s role in issuing TROs?	This case underscores the importance of strict adherence to procedural rules, protection of due process rights, and the need for judges to act with diligence, impartiality, and a thorough understanding of the law when issuing TROs to maintain the integrity of the judicial system.

In conclusion, the Supreme Court’s decision in this case serves as a stern reminder to judges about the importance of adhering to procedural guidelines and protecting due process rights in the issuance of Temporary Restraining Orders. By holding Judge Zerna accountable for his actions, the Court reaffirms its commitment to maintaining the integrity of the judicial system and preventing abuses of power.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: JOSEFINA MERONTOS VDA. DE SAYSON VS. JUDGE OSCAR E. ZERNA, A.M. No. RTJ-99-1506, August 09, 2001