Ignorant, incompetent
In its complaint filed yesterday morning, Pag-IBIG accused Mislang of grave misconduct and grave ignorance of the law for issuing the TRO.
“For… Mislang’s failure to observe the basic laws and rules on injunction is not only inexcusable, but renders him susceptible to administrative sanction for gross ignorance of the law and incompetence. Failure to follow basic legal commands embodied in the law and the rules constitutes gross ignorance of the law from which no one is excused, and surely not a judge,” Pag-IBIG alleged through lawyer Jose Roberto Po.
Po believes the judge could even be held criminally liable “for his knowingly rendering an unjust order and causing undue injury to the government and Pag-IBIG Fund in the discharge of his judicial functions.”
“It also cannot be denied that the temporary restraining order issued by Mislang delayed the timely administration of justice. Indeed, despite the fact that Lee is not patently entitled to a temporary restraining order to restrain a criminal prosecution, Mislang issued a temporary restraining thereby causing a delay in the DOJ’s mandate to determine probable cause. Worse, Mislang prevented the DOJ from actually filing an information with regard to the DOJ’s findings in its review resolution dated Aug. 10, 2011,” he argued.
The Pag-IBIG lawyer specifically sought to have Mislang investigated for alleged violation of Articles 206 and 207 of the Revised Penal Code, which covers issuance of unjust order and malicious delay in administration of justice, respectively; and Section 3(e) of the Anti-Graft and Corrupt Practices Act.
He said Mislang allegedly demonstrated evident bad faith and malice when he issued the TRO “despite Lee already admitting filing a similar petition to suspend proceedings dated Jan. 27, 2011 based on a supposed prejudicial question before the DOJ panel of prosecutors and that the same has already been denied.”
Po added that Mislang did not require Lee to post a bond, “a basic requirement… of the Rules of Court on injunctive relief. He issued the temporary restraining order based on mere unsubstantiated allegations” by Lee.
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