July 13, 1978
FACTS
Respondent Isabel G. Judalena filed a civil case against complainant Palmarin Hurtado for his failure in complying his obligation over a sale of a parcel of land.
Respondent Judge Arsenio Gonong, who was Judalena’s brother, took cognizance of the case and issued an ex-parte writ of preliminary injunction against Hurtado.
The next day after he issued the order, Judge Gonong voluntarily disqualified himself from hearing the civil case of his sister and then transmitted the records of the said case to the Executive Judge for proper assignment to another judge.
Hurtado then filed a motion for the dissolution of the writ of preliminary injunction before Judge Gonong and prayed that he (Judge Gonong) rectify his mistake or error in taking cognizance of the case.
However, he denied Hurtado’s motion.
Thus, Hurtado filed a petition for certiorari with a prayer for a writ of preliminary injunction against Judge Gonong’s order.
He contended that Judge Gonong violated Sec. 1, Rule 137 of the Rules of Court.
ISSUE
Whether or not Judge Gonong violated Sec. 1, Rule 137 of the Rules of Court.
RULING
YES, Judge Gonong violated Sec. 1, Rule 137 of the Rules of Court.
The said section, in no uncertain terms, expressly prohibits a judge or judicial officer from sitting in a case where he is related to either party within the sixth degree of consanguinity or affinity. This is mandatory.
DISPOSITIVE PORTION
WHEREFORE, the writ prayed for is hereby granted and the order of April 2. 1975, issued in Civil Case No. 485-IV of the Court of First Instance of Ilocos Norte, is hereby annulled and set aside. The temporary restraining order heretofore issued is hereby made permanent. With costs against the respondents.
SO ORDERED.
Full text of this decision.
