Spouses Reynaldo v. Atty. Rey Ferdinand Garay

Summary

This consolidated case involves a writ of possession dispute and judicial misconduct. Spouses Sombilon lost their property through foreclosure to PNB in 1998. In 2005, their former PAO counsel Atty. Garay purchased the property from PNB. When PNB sought a writ of possession, Judge Venadas initially granted it but later held implementation in abeyance citing possible Civil Code Article 1491 violations (prohibition on lawyers purchasing litigation property) without proper notice to affected parties. The Court of Appeals and Supreme Court found this constituted grave abuse of discretion, as writ issuance is ministerial after redemption period expires. The Supreme Court also imposed administrative sanctions on Judge Venadas for violating notice requirements under Rules of Court Rule 15, finding him guilty of grave abuse of authority bordering on gross ignorance of law, resulting in a P20,000 fine. The case establishes that procedural due process must be observed even in ministerial judicial functions and reinforces the mandatory nature of writs of possession after foreclosure redemption periods expire.