Case Digest: BAGONG WEST KABULUSAN 1 NEIGHBORHOOD ASSOCIATION, INC v. JUDGE ALBERTO L. LERMA 452 SCRA 26 (2005)

BAGONG WEST KABULUSAN 1 NEIGHBORHOOD ASSOCIATION, INC v. JUDGE ALBERTO L. LERMA 452 SCRA 26 (2005)

CST Enterprises, Inc. (CST) filed before the Muntinlupa Metropolitan Trial Court (MeTC) thirty eight (38) complaints for ejectment against thirty nine (39) individual-defendants who were occupying lots located at West Kabulusan, Barangay Cupang Muntinlupa City. The MeTC rendered judgment in favor of CST and ordered the defendants to vacate the lots and surrender possession thereof to CST Enterprises but they refused to vacate the lots, hence MeTC directed to demolish their respective structures within 5 days from notice thereof. Petitioner Bagong West Kabulusan Neighborhood Association (Association), claiming to represent the underprivileged and homeless residents of the lot, filed a complaint against MeTC sheriff Armando Camacho for ―Injunction with Very Urgent Petition for Issuance of Restraining Order to Preserve and Maintain the Status quo. The Association‘s complaint for injuction was raffled to Judge Alberto Lerma who denied their prayer for TRO and subsequent Motion for Reconsideration. They thereafter filed charges for gross violation of the Code of Judicial Conduct, gross neglect of duty and gross ignorance of the law with manifest bias and partiality against Judge Lerma.

ISSUE:

Whether or not Judge Lerma can be administratively held liable.

HELD:

The charge that Judge Alberto Lerma exhibited gross ignorance with manifest bias and partiality remains unsubstantiated. Granting arguendo that Judge Lerma may have erred in not taking a more suitable course of action, given the circumstances surrounding the case, not to mention the palpable intent of the defendants to trifle with the judicial processes, lapse on his part can be seen as a mere error of judgement, of which he may not be held administratively liable in the absence of a showing of bad faith, malice or corrupt purpose.