FACTS:

The complainant, Julieta Borromeo Samonte, filed a complaint against Rolando R. Gatdula, the Branch Clerk of Court of RTC, Branch 220, Quezon City, alleging that he engaged in the private practice of law, which conflicted with his official duties. The complaint was in relation to a civil ejectment case where Samonte represented her sister, Flor Borromeo de Leon. A typographical error was made in the original complaint, stating the wrong address of the defendant. An amended complaint was filed and admitted by the court. Subsequently, a decision was rendered in favor of the plaintiff, and Samonte filed a motion for execution.

However, Samonte received a temporary restraining order issued by Judge Prudencio Castillo of Branch 220, which enjoined the execution of the decision. She claims that she was not notified of the application for preliminary injunction and that Gatdula blamed her lawyer for the mistake in the complaint. Gatdula allegedly suggested that she change her lawyer and retain his law office to proceed with the execution. Despite the MTC Branch 37's order to execute the decision, the RTC Branch 220 issued an order granting the preliminary injunction.

Gatdula contends that Samonte was informed about the hearing and that she appeared in court angry about the restraining order. He tried to calm her down and assured her. Later, the RTC granted the application for a preliminary injunction, causing Samonte to return to court angry. Gatdula denies being connected to the law firm mentioned by Samonte and refused her request to change counsel. Samonte threatened to file an administrative case against Gatdula and the judge if he could not convince the judge to recall the injunction. However, her motion to dissolve the injunction was denied.

The case was then referred to Executive Judge Estrella Estrada for investigation, report, and recommendation. Judge Estrada's report indicates that the case was set for a hearing on three occasions, but Samonte and her counsel did not appear. Although it was mentioned that Samonte was still abroad, no specific date for her return was provided.

ISSUES:

1. Whether Atty. Rolando Gatdula engaged in the private practice of law while being the Branch Clerk of Court, and if such act was in conflict with his official functions.

2. Whether the issuance of the temporary restraining order by Judge Prudencio Castillo of Branch 220, RTC, Quezon City was hasty and irregular, and if complainant was not notified of the application for preliminary injunction.

RULING:

1. Yes, Atty. Rolando Gatdula engaged in the private practice of law while being the Branch Clerk of Court, and such act was in conflict with his official functions. The respondent's act of suggesting for complainant to change her lawyer and retain the law office where he is connected is a clear violation of the prohibition on the practice of law by court personnel. The Code of Conduct for Court Personnel prohibits them from engaging in the private practice of law. The Court finds Atty. Gatdula guilty of grave misconduct.

2. The Court cannot rule on the irregularity or haste in the issuance of the temporary restraining order by Judge Prudencio Castillo since it is beyond the scope of this administrative complaint. The issue of whether complainant was notified of the application for preliminary injunction must be addressed in a separate and appropriate proceeding.

PRINCIPLES:

• Court personnel are prohibited from engaging in the private practice of law.

• Suggestions or recommendations made by court personnel, especially if they involve the hiring of a law firm where the personnel is connected, violate ethical standards and are considered a conflict of interest.