Teresita Jason vs.

Judge Briccio Ygana

A.M. No. RTJ-00-1543

August 4, 2000

Facts: Teresita Jason was the defendant in an ejectment case before the MTC of Pasig City. Having
received an adverse judgement, Jason appealed the decision to Branch 153 of the RTC of Pasig City,
presided by Judge Briccio Ygana. Respondent judge affirmed the decision of the MTC and subsequently
issued a Writ of Execution for the judgement. The Sheriff of Branch 153 executed upon some personal
properties of Jason and gave a Notice to Vacate. Jason filed an administrative complaint against Judge
Ygana, arguing that the Writ of Execution should have been issued by the court of origin and not the
appellate court.

Held: GUILTY. The case should have been remanded back to the MTC for execution. The rule is that if
the judgment of the metropolitan trial court is appealed to the regional trial court and the decision of
the latter is itself elevated to the Court of Appeals, whose decision thereafter become final, the case
should be remanded through the regional trial court to the metropolitan trial court for execution. The
only exception is the execution pending appeal which is not evident from the records of this case. A
judge is called upon to exhibit more than just a cursory acquaintance with statutes and procedural rules;
it is imperative that he be conversant with basic legal principles. Canon 4 of the Canons of Judicial Ethics
requires that the judge should be studious of the principles of law. Canon 18 mandates that he should
administer his office with due regard to the integrity of the system of the law itself, remembering that
he is not a depository of arbitrary power, but a judge under the sanction of law. Judge Ygana was fined
PhP 10,000 for gross ignorance of the law.