PROVREM cases
Republic of the Philippines
SUPREME COURT
Manila
THIRD DIVISION A.M. No. RTJ-93-1008 November 14, 1994
TERESITA P. ARELLANO, petitioner, vs. JUDGE NAPOLEON R. FLOJO, FELINO BANGALAN, Clerk of Court III, HERMINIO DEL CASTILLO, RTC-OCC.; LUCINO JOVE, Deputy Sheriff, respondents.
Wilfredo O. Paraiso for petitioner.
Tumaru, Guerrero & Tumaru Law Offices for respondents Judge Bangalan and Sheriff Jove.
R E S O L U T I O N
MELO, J.:
Teresita P. Arellano, defendant in Civil Case No. 11-1041 then pending before Branch 6 of the Regional Trial Court of the Second Judicial Region and stationed in Aparri, Cagayan, filed a verified complaint for neglect of duty, misconduct, bias, and partiality against —
(a) Judge Napoleon R. Flojo, then Presiding Judge of the aforementioned Branch 6, now assigned as Presiding Judge of Branch 2 of the Regional Trial Court of Manila, for having irregularly issued an order dated January 21, 1986 for the issuance of a writ of attachment in the said case on the same date despite the lack of legal basis therefor.
(b) Felino Bangalan, then Acting Clerk of Court III, of the Aparri RTC (now Presiding Judge, MTC, Branch 1, Aparri, Cagayan) for issuing the writ of attachment in the said case despite the failure of the plaintiffs to post the required attachment bond of P100,000.00 and for deliberately delaying the issuance of service of summons to the defendant in that although the case was filed on January 21, 1986, the defendant (complainant herein) was served summons only on May 13, 1986 or four (4) months thereafter, and that she was not even furnished a copy of the Order authorizing the issuance of a writ of attachment, the so-called attachment bond, as well as the writ of attachment itself.
(c) Herminio del Castillo, Branch Clerk of Court of the Aparri RTC for deliberately delaying the issuance of service of summons on the defendant.
(d) Luciano Jove, Deputy Sheriff, Aparri, Cagayan — for seizing a vehicle not owned by the
SUPREME COURT
Manila
THIRD DIVISION A.M. No. RTJ-93-1008 November 14, 1994
TERESITA P. ARELLANO, petitioner, vs. JUDGE NAPOLEON R. FLOJO, FELINO BANGALAN, Clerk of Court III, HERMINIO DEL CASTILLO, RTC-OCC.; LUCINO JOVE, Deputy Sheriff, respondents.
Wilfredo O. Paraiso for petitioner.
Tumaru, Guerrero & Tumaru Law Offices for respondents Judge Bangalan and Sheriff Jove.
R E S O L U T I O N
MELO, J.:
Teresita P. Arellano, defendant in Civil Case No. 11-1041 then pending before Branch 6 of the Regional Trial Court of the Second Judicial Region and stationed in Aparri, Cagayan, filed a verified complaint for neglect of duty, misconduct, bias, and partiality against —
(a) Judge Napoleon R. Flojo, then Presiding Judge of the aforementioned Branch 6, now assigned as Presiding Judge of Branch 2 of the Regional Trial Court of Manila, for having irregularly issued an order dated January 21, 1986 for the issuance of a writ of attachment in the said case on the same date despite the lack of legal basis therefor.
(b) Felino Bangalan, then Acting Clerk of Court III, of the Aparri RTC (now Presiding Judge, MTC, Branch 1, Aparri, Cagayan) for issuing the writ of attachment in the said case despite the failure of the plaintiffs to post the required attachment bond of P100,000.00 and for deliberately delaying the issuance of service of summons to the defendant in that although the case was filed on January 21, 1986, the defendant (complainant herein) was served summons only on May 13, 1986 or four (4) months thereafter, and that she was not even furnished a copy of the Order authorizing the issuance of a writ of attachment, the so-called attachment bond, as well as the writ of attachment itself.
(c) Herminio del Castillo, Branch Clerk of Court of the Aparri RTC for deliberately delaying the issuance of service of summons on the defendant.
(d) Luciano Jove, Deputy Sheriff, Aparri, Cagayan — for seizing a vehicle not owned by the