Mahinay v. Gako (G.R. No. 165338; November 28, 2011)

CASE DIGEST: MAKILITO B. MAHINAY, Petitioner, v. HON. IRENEO LEE GAKO, JR., Presiding Judge, Regional Trial Court, Branch 5, Cebu City and JOCELYN B. SORENSEN, Respondents. (G.R. No. 165338; November 28, 2011).

FACTS: Constantina H. Sanchez, Josefina H. Lopez and Susan Honoridez are the registered owners (the owners) of a parcel of land known as Lot 5 located in Cebu City. Petitioner Mahinay filed a complaint for specific performance against the owners and one Felimon Suarez (Suarez), to compel them to convey Lot 5 to him. Mahinay alleged that in an earlier case he filed against the owners, the parties therein arrived at a Compromise Agreement wherein the owners gave him preferential right to buy a 200-square meter portion of Lot 5 on condition that he will withdraw said case. The trial court thus issued a Judgment based on said Compromise Agreement. However, the owners sold the entire Lot 5 to Suarez without first offering the same to Mahinay. According to Mahinay, said transaction violated his preferential right to buy as he was willing and capable of buying the property.

In traversing Mahinay's allegations, the owners asserted that they did not violate Mahinays preferential right to buy as the transaction between them and Suarez was actually an equitable mortgage, and not a sale as evidenced by an Acknowledgment Receipt stating that no sale between them actually pushed thru.

The RTC rendered a Decision debunking the owners theory of equitable mortgage. It held that the notarized documents Mahinay presented, particularly the Deed of Absolute Sale, outweigh the owners evidence consisting of private documents. The CA affirmed the RTC Decision.

About a year later, Mahinay and Suarez filed a Joint Manifestation informing the RTC that in compliance with its Decision, Suarez executed a Deed of Conveyance in favor of Mahinay, who, in turn, deposited with the RTC the amount of P300,000.00. To pave the way for the complete implementation of the RTCs final Decision and have Lot 5 registered in his name, Mahinay filed an Omnibus Motion seeking to compel the owners to vacate the property and turn over to him the owners copy of the lots TCT. The RTC, then already presided by Judge Gako, issued a Resolution granting Mahinays motion. The branch sheriff placed Mahinay in actual and physical possession of the entire Lot 5. However, the TCT could not be surrendered to him as the same was already in possession of Sorensen by virtue of a Real Estate Mortgage executed by the owners subsequent to the filing of Mahinays complaint. Mahinay filed a Motion to Issue an Order Directing Sorensen to Turn Over the TCT to him. Judge Gako issued the assailed Resolution denying Mahinays motion.ISSUES: Did the Respondent Judge gravely abuse his discretion, amounting to lack or excess of jurisdiction, in issuing the resolution refusing to perform a ministerial duty to implement the final and executory judgment?

HELD: The change of heart on the part of Judge Gako negated Mahinay's contention that the honorable magistrate committed grave abuse of discretion in denying his motion to compel Sorensen to turn over to him the disputed.

The administrative charges of gross ignorance of the law and abdication of a judicial duty lack merit; the administrative charge of failure to resolve a motion within the prescribed period should be referred to the Office of the Court Administrator for appropriate action.

Mahinay accuses Judge Gako, among others, of gross ignorance of the law and abdication of judicial duty. From the facts of these cases as set out above, however, it is quite obvious that Mahinay would not have accused Judge Gako of such charges had the judge ruled in his favor. It should be recalled that Mahinay first cocked the gun, so to speak, when he filed his Second Ex-Parte Motion for Early Resolution intimating to Judge Gako that he was contemplating on filing an administrative charge against the magistrate before the Office of the Court Administrator. Then, he filed his Rule 65 petition incorporating therein aforesaid administrative charges against Judge Gako. Yet, during the pendency of said petition. Mahinay filed with the RTC his Reiteratory Motion.

Indubitably, Mahinay's allegations of gross ignorance of the law and abdication of judicial duty are not based on his sincere and strong belief that Judge Gako should be disciplined. They are mere ploys calculated to induce Judge Gako to grant his motion. We cannot countenance such lamentable scheme of Mahinay. It is settled that disciplinary proceedings against judges do not complement, supplement or substitute judicial remedies. Administrative complaints are not intended to coerce judges to rule in complainants favor.