The hoodlum judge is back

By Ermin Garcia Jr.

 

THE hoodlum in robe I exposed in this corner years ago for resorting to ‘copy-paste’ method in deciding cases, again reared ‘its’ ugly head.

Perhaps the rest of the IBP members of Pangasinan, the active and retired judges, law professors and yes, the freshmen in law colleges, can tell me what kind of a judge we’re dealing with here.

Here’s the body of the Writ of Preliminary Injunction that the enterprising hoodlum judge issued to the defendant last week, March 7, 2016, that should tell you enough about this judge.

“WHEREAS, plaintiff filed on December 8, 2010, a verified Complaint for Recovery of Possession and Damages with prayer for a Writ of Preliminary Injunction involving the subject parcel of land known as the ______ farm located at Barrio Banzal, Sta. Barbara covered by Transfer Certificate of Title No. 17138;

WHEREAS, it appears in the said verified complaint that you are occupying and planting crops covered by the administration without plaintiff’s permission preventing plaintiff to use and plant of the lot;

WHEREAS, it appears in the evidence presented by the plaintiff that your are occupying and planting crops at five (5) administration lots denominated as Lot 141-A, Lot 141-C, Lot 141-H, Lot 141-I and Lot 141-O with a total area of 30,052 square meters without plaintiff’s permission thereby preventing the plaintiff to use and plant on the said lot.

NOW, therefore, effective immediately you are hereby enjoined from the expanding the lots you are occupying and planting on, that is Lots 141-A, 141-C, 141-H, 141-I and 141-O which are the subject matter of this case. “

*          *          *          *          *

TRO AFTER 5 YEARS. Here’s how my common sense read this corrupt judge’s ruling given what I know about the case.

Firstly, the only correct facts in the TRO was the date of the filing of the complaint, December 8, 2010, and the reason behind it. Why and how this hoodlum judge found the reason to finally issue the preliminary injunction after 5 LONG YEARS, is for the books! But isn’t a competent, conscientious judge supposed to decide on a plea for a writ at least in 15-30 days? Perhaps, this unthinking judge even believe that the plaintiff should be grateful that the writ was issued at all, even after 5 years! I can only surmise how much was involved.

Secondly, in the third WHEREAS where you find the listing of lots, that list was not found in the original complaint. What the plaintiff prayed for in fact was to ask the court to order the defendant to cease and desist from planting any crop on the lands covered by the administration. So where did the judge get the listing of lots as basis? The listed lots were submitted to the court in 2015 by the plaintiff precisely to point out to the corrupt judge the extent of abuse being committed by the defendant, taking control of more than 3 hectares in the farm, in the absence of a temporary restraining order from the court since 2010!

Thirdly, by twisting, concocting the circumstances and adopting these in a surreptitious manner, our hoodlum judge made it appear that listed areas were in fact the subject of the plaintiff’s original complaint when they were not! In one stroke, our arrogant judge whimsically deprived the plaintiff of her right to property by allowing the defendant not only to continue to farm but to give the latter more than 3 hectares to farm without compensating the owner for the use of the land! (If you think you are missing something there, that’s exactly what this is all about).

Fourth, when it was convenient for our hoodlum judge to cite facts not cited in the complaint, the shameless judge hid the fact that the defendant never submitted any official document from any government agency or municipal office to remotely prove that he is a legitimate tenant of the plaintiff before or beyond 2010 to deserve the more than 3 hectares of land for his own personal use.

Fifth, to rub salt to injury, our transactional judge did not require defendant to file any bond whatsoever that complainant prayed for after literally making the defendant a tenant in the writ of preliminary injunction, a situation that none of the government agencies was prepared to do.

*          *          *          *          *

INCORRIGIBLE. In sum, the writ was either craftily prepared by the defendant’s lawyer and the hoodlum judge readily signed it for her retirement, or the judge is totally dumb and ignorant of the laws and procedures that the judge could not craft something defensible from the books before a class of freshmen in a law course.

Without a doubt, our arrogant hoodlum judge is patently incorrigible and a recidivist and it’s time the Supreme Court Administrator is already told about the shenanigans of this judge. One wonders if our inept judge even knows how to spell the word INTEGRITY. Perhaps forfeiting the judge’s retirement benefits will not make a dent because this cunning judge already made a pile but perhaps disbarment and disqualification will teach the judge and others similarly situated a belated lesson on integrity and honor.

So I challenge the IBP members to name this notorious judge before the Supreme Court Administrator does.

*          *          *          *          *

HONEST GRACE? There is no doubt in anybody’s mind that Sen. Grace Poe is intelligent, diligent and firm about her views. She is a leading bet for the presidency because we know her to be the ideal president that the country could have. But is she now?

Fortunately, the cases filed at the Comelec and Supreme Court that looked into her personal circumstances: as a citizen and her number of years of residency in the country, enabled us to learn more about her.

What I found disconcerting (not shocked, nothing shocks me anymore about motives and actuations of politicians) was the string of mental dishonesty that she displayed since she filed her candidacy. Consider these:

1. She could not admit to herself and to the public and she, indeed, lacked the required number of years of residency to qualify as a candidate for president.
2. She gave different reasons and motivations for renouncing her Philippine citizenship in different settings when there could only be one and the same.
3. From PNoy’s statement, it now appears she was still a US citizen when she assumed her post as chairman of the Movie and Television Review and Classification Board.
4. She assumes the image and role as “Anak ng Pangasinan” conveniently for her campaign in the province when she is not even remotely related by blood to the FPJ family line that had roots in San Carlos City.
5. Of late, she won the endorsement of the Nationalist People’s Coalition making the people believe that it was because of her political platform. In truth, she made a deal to clear NPC’s top honcho Danding Cojuangco of accountability in the distribution of coco levy fund to the tobacco farmers. It was, after all about all about transactional political deal to win an endorsement and the election.
6. Then there is the moral issue involving the citizenship of her immediate family (husband and children) who to this day are all American citizens. Only the senator decided to acquire Philippine citizenship, and it was for political expediency. Her husband and two daughters have not even indicated a desire to renounce their US citizenships with the exception of her son who unwittingly declared his willingness to renounce his US citizenship only if her mother becomes president, otherwise, he would rather remain an American citizen. Duh?

If Sen. Poe cannot convince her family to become Filipino citizens unconditionally, how far will she go risking her being Filipino with us when things go wrong or become risky for her family? Will she stay with us even in the not so remote possibility that her family will be affected by a US government decision to impose economic sanctions or an embargo against the PH government? Will she collaborate with the US government to protect her family of American citizens? Just wondering.

(For your comments and reactions, please email to: punch.sunday@gmail.com)

Share your Comments or Reactions

comments

Powered by Facebook Comments