Group 10. Assigned to Villagonzalo.

94. Andamo vs Larida Jr., AM No. RTJ-11-2265, September 21,2011

Facts:
● Atty Emmanuel Andamo (complainant, “A” for brevity), counsel for Cavite Rural Banking
Corp, charged Judge Larida Jr.(“J”), Atty. Calma (clerk, “C” for brevity), and LR Ruiz
(legal researcher “L” for brevity) for ignorance of the law
● A filed for the issuance of Writ of Possession ad Certificates of Sale in favor of his client
● J denied the petitions because it lacks the required elements
● C and L denied the petition for extrajudicial foreclosure for (1) non-payment of filing fees,
(2) non-assignment of docket numbers, (3) absence of proof of service to the sheriff and
to the parties
● A filed this administrative case against J, C, and L
Issue: Is the complaint meritorious?
Held: No. Unfounded and unsubstantiated.
Issue: Did A violate Canon 11 (Duty to give respect to the courts)?
Held: Yes
● A stubbornly remiss his duties to his client and to the court
● J,C,L strictly complied with the application of laws, rules, and jurisprudence pertaining to
the issuance of writs of possession or allowance of extrajudicial foreclosure
● A had no motions for reconsideration filed to warrant their entry to the court calendar
● Proper remedy: relief from higher courts, not an administrative complaint against J,C,L
● J,C,L can’t be liable for judiciously performing their sworn duty to observe and follow
court proceedings
● A filed this to pass his shortcomings to J,C,L
● “Doubtless the Court will never tolerate or condone any conduct, act, or omission that
would violate the norm of public accountability of diminish the people’s faith in the
judiciary. However, it will not hesitate to protect innocent court employees against any
baseless accusation or administrative charge that only to serve to disrupt rather than
promote the orderly administration of justice”
● “A lawyer who files and unfounded complaint must be sanctioned, because as an officer
of the court, he does not discharge his duty by filing frivolous petitions that only add to
the workload of the judiciary”
○ Such filing of baseless complaints is contemptuous of the courts