SC mulls probe of Pasig judge

MANILA, Philippines -  The Supreme Court (SC) may launch an investigation of a Pasig judge who stopped the indictment of executives and officers of housing developer Globe Asiatique Realty Holdings Corp. (GA) in connection with its allegedly anomalous housing projects in Pampanga.

Court Administrator Jose Midas Marquez vowed to look into the complaint filed yesterday by the Home Development Mutual Fund (Pag-IBIG) against Judge Rolando Mislang of Pasig Regional Trial Court Branch 167 for issuing last Aug. 26 a temporary restraining order enjoining the Department of Justice (DOJ) from filing syndicated estafa case against GA president Delfin Lee and others.

Marquez, who has supervision over all trial court judges nationwide, has already required Mislang to explain within 10 days the propriety of the TRO he issued against the DOJ.

“It would depend on the answer of Judge Mislang if it’s necessary for an investigation to be called,” he told reporters in an ambush interview.

He said an investigation is different from proceedings involving an administrative complaint against an official of the judiciary. Asked if the judge would be put on preventive suspension, the SC official replied: “Let’s just see. It’s very difficult to say at this time.”

“We have preventively suspended some judges but I have yet to recall a judge who was suspended preventively for issuing a TRO. I think there’s none yet,” Marquez said.

He assured that Mislang would be given an opportunity to explain his decision.

Marquez also confirmed that the judge is also facing another complaint before his office but refused to be specific as he cited confidentiality rule on administrative proceedings against judges and lawyers in the SC.

Ignorant, incompetent

In its complaint filed yesterday morning, Pag-IBIG accused Mislang of grave misconduct and grave ignorance of the law for issuing the TRO.

“For… Mislang’s failure to observe the basic laws and rules on injunction is not only inexcusable, but renders him susceptible to administrative sanction for gross ignorance of the law and incompetence. Failure to follow basic legal commands embodied in the law and the rules constitutes gross ignorance of the law from which no one is excused, and surely not a judge,” Pag-IBIG alleged through lawyer Jose Roberto Po.

Po believes the judge could even be held criminally liable “for his knowingly rendering an unjust order and causing undue injury to the government and Pag-IBIG Fund in the discharge of his judicial functions.”

“It also cannot be denied that the temporary restraining order issued by Mislang delayed the timely administration of justice. Indeed, despite the fact that Lee is not patently entitled to a temporary restraining order to restrain a criminal prosecution, Mislang issued a temporary restraining thereby causing a delay in the DOJ’s mandate to determine probable cause. Worse, Mislang prevented the DOJ from actually filing an information with regard to the DOJ’s findings in its review resolution dated Aug. 10, 2011,” he argued.

The Pag-IBIG lawyer specifically sought to have Mislang investigated for alleged violation of Articles 206 and 207 of the Revised Penal Code, which covers issuance of unjust order and malicious delay in administration of justice, respectively; and Section 3(e) of the Anti-Graft and Corrupt Practices Act.

He said Mislang allegedly demonstrated evident bad faith and malice when he issued the TRO “despite Lee already admitting filing a similar petition to suspend proceedings dated Jan. 27, 2011 based on a supposed prejudicial question before the DOJ panel of prosecutors and that the same has already been denied.”

Po added that Mislang did not require Lee to post a bond, “a basic requirement… of the Rules of Court on injunctive relief. He issued the temporary restraining order based on mere unsubstantiated allegations” by Lee.