I.6.I. Andres vs. Nambi

ANDRES, vs. ATTY. SAIMATHAR V.
NAMBI
A.C. No. 7158, March 9, 2015
FACTS: Respondent Labor Arbiter Atty. Nambi rendered a Decision in a consolidated

labor case against M.A. Mercado Construction and spouses Maximo and Aida Mercado.
The respondents in the labor case, namely the Spouses Mercado, doing business
under the name and style of M.A. Mercado Construction, interposed an appeal which was
dismissed for failure to post an appeal bond. Thus, an Alias Writ of Execution was issued to
implement the Decision. Complainants in the labor case filed an Ex Parte Motion for
Amendment of an Alias Writ of Execution. They claimed that they could hardly collect the
judgment award from M.A. Mercado Construction because it allegedly transferred its assets to
M.A. Blocks Work, Inc. They thus prayed that the Alias Writ of Execution be amended to
include M.A. Blocks Work, Inc. and all its incorporators/stock holders as additional
entity/personalities against which the writ of execution shall be enforced.
Respondent (Nambi) granted the motion to amend the alias writ of execution.
Accordingly, an Amended Alias Writ of Execution was issued to enforce the monetary judgment
against M.A. Blocks Work, Inc. and all its incorporators. By way of special appearance, M.A.
Blocks Work, Inc., together with three of its stockholders who are the complainants in this
administrative case, namely Yolanda A. Andres, Minette A. Mercado and Elito P. Andres, filed
an Urgent Motion to Quash the Amended Alias Writ of Execution, contending that they are not
bound by the judgment as they were not parties to the labor case. Respondent denied the Urgent
Motion to Quash.
Complainants filed the Complaint for Disbarment. The Investigating

Commissioner found respondent guilty of gross ignorance of the law and recommended that he
be suspended from the practice of law for a period of six months. This was adopted and approved
by the IBP Board of Governors.
ISSUE: Whether respondent is guilty of gross ignorance of the law and of violating the
Code of Professional Responsibility? NO
RULING: As a rule, for one to be held administratively accountable for gross ignorance of
the law, there must be a showing that the error was gross and patent as to support a conclusion
that the actor was so moved with malice, bad faith, corruption, fraud, and dishonesty. As such,
our discussion should be focused primarily on whether respondent grossly erred in issuing the
above orders as to amount to malice, bad faith, corruption, fraud and dishonesty.
The SC perused the records of the case particularly respondent’s Order denying
complainants’ Urgent Motion to Quash. The SC noted that respondent’s ruling was not arrived at
arbitrarily; on the contrary, he cited grounds based on his personal assessment of the facts at
hand. The SC has enough reason to conclude that respondents Maximo A. Mercado and Aida
Mercado and the movants herein are one and the same. Movants are alter egos or business
conduits to defraud the complainants and to consequently evade payment of judgment award.
It is apparent that respondent’s conclusion had some bases and was not
plucked from thin air, so to speak. Clearly, respondent did not act whimsically or arbitrarily; his
ruling could not in any manner be characterized as imbued with malice, fraud or bad faith. Based
on the above quoted disquisition, it cannot be said, by any stretch of imagination, that
respondent’s error, if any, was so gross or that he was actuated by malice when he issued the
above orders. His conclusion was reached after an examination of the documents presented and
evaluation and assessment of the arguments raised by the parties. He did not capriciously rule on
the issues presented; on the contrary, he exerted efforts to weigh the positions of the contending
parties.
However, the SC noted that respondent had consistently and obstinately

disregarded the Court’s and IBP’s orders. It is on record that respondent totally ignored the
Court’s Resolution directing him to file his Comment. He also failed to attend the mandatory
conference before the IBP’s Commission on Bar Discipline despite notice. Neither did he file his
Position Paper. As a former Labor Arbiter, respondent should know that orders of the court “are
not mere requests but directives which should have been complied with promptly and
completely.” “He disregarded the oath he took when he was accepted to the legal profession ‘to
obey the laws and the legal orders of the duly constituted legal authorities.’ x x x His conduct
was unbecoming of a lawyer who is called upon to obey court orders and processes and is
expected to stand foremost in complying with court directives as an officer of the court.
WHEREFORE, the Court REPRIMANDS respondent Atty. Salimathar V. Nambi

for obstinately and unjustifiably refusing to obey lawful orders of the Court and the Integrated
Bar of the Philippines, with a warning that a repetition of the same or similar act or offense shall
be dealt with more severely.

I.6.I. Andres vs. Nambi

Uploaded by

Copyright:

Available Formats

I.6.I. Andres vs. Nambi

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

I.6.I. Andres vs. Nambi

Uploaded by

Copyright:

Available Formats

ANDRES, vs. ATTY. SAIMATHAR V.

FACTS: Respondent Labor Arbiter Atty. Nambi rendered a Decision in a consolidated

Complainants filed the Complaint for Disbarment. The Investigating

However, the SC noted that respondent had consistently and obstinately

WHEREFORE, the Court REPRIMANDS respondent Atty. Salimathar V. Nambi

You might also like