MANILA, Philippines - The Supreme Court (SC) has fined a Marawi City regional trial court (RTC) judge for issuing a temporary restraining order (TRO) stopping a sheriff from enforcing a writ of execution issued by another judge.
In an 11-page per curiam decision, the SC found Judge Rasad Balindong, acting presiding judge of Marawi City RTC Branch 8, guilty of gross ignorance of the law and fined him P30,000.
Balindong was also given a stern warning that a repetition of the same offense would be dealt with more severely.
The SC ruled that Balindong clearly ignored the principle of judicial stability by issuing the TRO to temporarily restrain sheriff Gerard Peter Gaje from enforcing the writ of execution issued by the Iligan City RTC Branch 6 on the garnishment of the amount of P2,726,189.90 from the Mindanao State University’s account with the Land Bank of the Philippines branch in Marawi City.
The SC said the writ of execution issued by the Iligan City RTC Branch 6 was pursuant to its decision against MSU on an action for damages arising from a vehicular accident.
The SC said Balindong should have refrained from acting on the petition for prohibition and mandamus with prayer for TRO and preliminary injunction filed by MSU because the Iligan City RTC retained jurisdiction to rule on any question on the enforcement of the writ of execution.