LT. GEN. ALFONSO P. DAGUDAG (Ret.), Complainant, vs. JUDGE MAXIMO G.W.

PADERANGA, RTC, Br. 38, CDO City, Respondent.

A.M. No. RTJ-06-2017 June 19, 2008

Facts:
The PNP Regional Maritime Group (PNPRMG) received information that MV General
Ricarte of NMC Container Lines, Inc. was shipping container vans containing illegal
forest products from CDO to Cebu. Later on and after due inspections, the items
were found to be lacking the required legal documents and were consequently
abandoned by the unknown owner. Hence, the DENR seized the forest products.

Notices about the confiscated forest products were posted to inform the unknown
owner about the administrative adjudication but no one appeared to claim the
products. Later, a certain Roger Edma filed before the respondent Judge a writ of
replevin for the release of said products. Subsequently, the respondent judge issued
such writ despite the fact that an administrative case was already pending before
the DENR. A motion to quash the writ of replevin was filed but was denied by the
respondent judge for lack of merit. Gen. Dagudag filed with the OCA an affidavit-
complaint against Judge Paderanga for the latters acts of taking cognizance of the
replevin suit, issuing the writ of replevin and the subsequent denial of the motion to
quash clearly demonstrates ignorance of the law.

Issue:
Whether or not Judge Paderanga is liable for gross ignorance of the law and for
conduct unbecoming a judge.

Ruling:
Yes. Judge Paderanga should have dismissed the replevin suit outright for three
reasons. 1st, under the doctrine of exhaustion of administrative
remedies, courts cannot take cognizance of cases pending before administrative
agencies. In the instant case, Edma did not resort to, or avail of, any administrative
remedy. He went straight to court and filed a complaint for replevin and damages.
2nd, under the doctrine of primary jurisdiction, courts cannot take cognizance of
cases pending before administrative agencies of special competence.
3rd, the forest products are already in custodia legis and thus cannot be the subject
of replevin. Judge Paderangas acts of taking cognizance of the replevin suit and of
issuing the writ of replevin constitute gross ignorance of the law.

Canon 6 of the NCJC

states that competence is a prerequisite to the due performance of judicial office.
Section 3 of Canon 6 states that judges shall take reasonable steps to maintain and
enhance their knowledge necessary for the proper performance of judicial duties.
Judges should keep themselves abreast with legal developments and show
acquaintance with laws. The rule that courts cannot prematurely take cognizance of
cases pending before administrative agencies is basic. There was no reason for
Judge Paderanga to make an exception to this rule. The forest products were in the
custody of the DENR and Edma had not availed of any administrative
remedy. Judge Paderanga should have dismissed the replevin suit outright.
WHEREFORE, the Court finds Judge Maximo G.W. Paderanga, Regional Trial Court,
Branch 38, Cagayan de Oro City, GUILTY of GROSS IGNORANCE OF THE
LAW and UNBECOMING CONDUCT. Accordingly, the Court DISMISSES him from the
service, with forfeiture of all retirement benefits, except accrued leave credits, and
with prejudice to reinstatement or appointment to any public office, including
government-owned or controlled corporations.