Efren T. uy, Nelia B. Lee, Rodolfo L. Menes, and Quinciano H. Lui v. Judge Flores (Case Digest) A.M. No. RTJ-12-2332

Efren  T. uy, Nelia B. Lee, Rodolfo L. Menes, and Quinciano H. Lui v. Judge Flores
A.M. No. RTJ-12-2332
June 25, 2014

EFREN T. UY, NELIA B. LEE, RODOLFO L. MENES and QUINCIANO H. LUI, Complainants,
vs.
JU DGE ALAN L. FLORES, PRESIDING JUDGE, REGIONAL TRIAL COURT, BRANCH 7, TUBOD, LANAO DEL NORTE, Respondent.

Facts:
Commissioner of Internal Revenue Lilian Hefti reassigned Mustapha Gandarosa from Cagayan de Oro City to Quezon City. Gandarosa, not amiable to the reassignment, filed a Rule 65 petition with prayer for a TRO before the Regional Trial Court, Branch 7, under Judge Flores. The judge granted Ganadarosa’s request.

According to the Administrative Code of 1987 in Book V, Chapter 5, Subtitle A, Section 26(3), an employee who questions the validity of his transfer should appeal to the Civil Service Commission.

Issue:
Did Judge Flores commit gross ignorance of the law by taking jurisdiction of the case?

Ruling:
Yes. When a law rule is basic, judges should simply apply the law. Anything less is considered gross ignorance of the law. In this case, the law was clear that Gandarosa should have filed the case with the Civil Service Commission, not the Regional Trial Court.