am_06_3_196_rtc_2008

OLONGAPO LEONARDO-DE CASTRO, J.:

Before us is a Memorandum dated October 23, 2007 in A.M. No. 06-7-416-RTC (Audit Report on the Judicial Audit Conducted at the Regional Trial Court (RTC), Br. 72, Olongapo City), of then Court Administrator Christopher O. Lock, which recommended the following: 1. that A.M. 06-3-196-RT[C] (Letter of Judge Josefina D. Farrales, Acting Presiding Judge, RTC, Br.

72, Olongapo City [Re: 30 cases and 84 motions submitted for decision/resolution in the said Court]) be CONSOLIDATED with this instant administrative matter; 2. that Judge Eliodoro [G]. Ubiadas be held administratively liable for GROSS MISCONDUCT, GROSS INEFFICIENCY and VIOLATIONS OF SC CIRCULAR and he be FINED in an amount equivalent to his six (6) months salary; 3.

that Branch Clerk of Court Gerry R. Gruspe be held administratively liable for GROSS INEFFICIENCY and VIOLATIONS OF SC CIRCULAR and that he be FINED in the amount of Two Thousand (~~P~~ 2,000.00) Pesos with a stern warning that a repetition of the same or similar offense in the future shall be dealt with more severely; 4. that Misses Catalina A. Atienza and Rizanilla R. Vito, Clerks-in-Charge of the Docket Books, same Court, to SUBMIT a quarterly report until the updating of aforesaid docket books are completed with a STERN WARNING that a repetition of the same shall be dealt with more severely; 5. the Documentation Division-Legal OCA to COLLECT from Pacific Union Insurance Company Incorporated its liability for forfeited bonds in the following cases: CERTIFICATION NO.

ISSUED TOTAL AMOUNT OF THE BOND 488-0, Series of 2005 Atty. John V. Aquino Office of the Clerk of Court Php256,000.00 Branch Case Numbers Amount of Bond Remarks 72 CR No. 435-02 Php 12,000.00 Bond of accused Cecilia Asuncion amounting to Php80,000.00 which was reduced to 15% included in the Php530,000.00 reduced bond. 74 CR Nos. 321-02- and 270-02 64,000.00 Not paid yet paid to the OCC 75 CR Nos. 662-03, 134-03 and 743-03 180,000.00 It is likewise recommended that the Office of the Court Administrator be DIRECTED to make a REPORT and RECOMMENDATION that will be used as guidelines for the reduction of the liability of the bondsmen in forfeited bonds within sixty (60) days from notice hereof. The present consolidated administrative matters have the following antecedent facts: A.M. 06-3-196-RTC The Court, through the First Division, issued Resolution dated February 7, 2005 in A.M. No. RTJ-05-1902 (PAGCOR, etc.

v. Judge Eliodoro G. Ubiadas, etc.), preventively suspending Judge Eliodoro G. Ubiadas (Judge Ubiadas), Regional Trial Court (RTC), Branch 72, Olongapo City, effective immediately pending resolution of the said administrative case. Judge Ubiadas received the said Resolution on March 11, 2005. Subsequently, several judges were designated1 to preside over Branch 72, namely: Hon. Renato J. Dilag, RTC, Br.

73, Olongapo City from April 18 to June 10, 2005; Hon. Ramon S. Caguioa, RTC, Br. 74, Olongapo City, from June 10, 2005 to January 25, 2006; and Hon. Josefina D. Farrales, RTC, Br. 69, Iba, Zambales, from January 30, 2006 until the present.

Upon her assumption, Judge Farrales immediately conducted an inventory of the pending cases in Branch 72. In her letter dated February 15, 2006, Judge Farrales reported that there are still 30 cases and 84 motions submitted for decision and resolution and that she requested for sixty (60) days extension to resolve the same.

Of the cases, 15 cases and 33 motions were already beyond the reglementary period to decide/resolve even before Judge Ubiadas was suspended. The other 15 cases and 51 motions were submitted for decision/resolution when Judge Caguioa took over as presiding judge of Branch 72, of which 6 cases and 30 motions were already beyond the reglementary period. The Court2 noted Judge Farrales' letter, directed her to resolve the cases/motions within six (6) months and to submit a copy of each of her decisions/resolutions within 10 days from rendition/promulgation thereof.

The Court likewise required Judge Ubiadas and Judge Caguioa to explain within 10 days from notice, their failure to decide/resolve the subject cases/motions within the reglementary periods and to make the necessary request for extension of time within which to decide/resolve the same. In a series of compliances, Judge Farrales informed the Court through the OCA that she had decided/resolved all the 30 pending cases and 84 motions. The Court noted said compliances and considered the same as full compliance in the present administrative matter.

In the meantime, Judge Caguioa, in a letter dated April 19, 2007, explained that upon his designation as the Acting Presiding Judge of Br. 72, he immediately heard all the cases already set and calendared thereat in order to prevent a disruption of the court calendar and settings already made during the incumbency of Judge Ubiadas. Thus, together with the equally heavy docket of his own station in Branch 74, he heard all pending incidents calendared and conducted trial of scheduled cases in Branch 72 in order not to cause any further delay in the proceedings.

Judge Caguioa further explained that he inherited all the unresolved cases and motions as acting judge of said branch. During his incumbency therein, they were not brought to his attention even at the time the Semestral Docket Inventory of Branch 72 was prepared. He was therefore unaware that he had to address the matter or at the very least ask for an extension of time to decide all of them.

On June 20, 2007, the Court noted Judge Caguioa's letter and referred the same to the OCA for evaluation, report and recommendation within 30 days from receipt of the records. A.M. No. 06-7-416-RTC On May 17-26, 2006, a judicial audit and physical inventory of cases was conducted at Branch 72, RTC, Olongapo City due to Judge Ubiadas' indefinite suspension and his forthcoming compulsory retirement on July 3, 2006. The Report dated June 29, 2006 revealed that Branch 72 has a total caseload of 1,114 cases, consisting of 880 criminal cases and 234 civil cases.

Apart from the 30 cases and 84 motions submitted for decision/resolution mentioned in A.M. No. 06-3-196-RTC, the audit team noted that there were still other cases submitted for decision/resolution and matters which were not acted upon for a considerable length of time, to wit: Status Criminal Civil SFD beyond the reglementary period 1 3 SFD still within the reglementary period 7 7 SFR beyond the reglementary period 4 6 SFR still within the reglementary period 2 13 Cases in different stages of proceedings without further action for a considerable length of time 3 5 Warrants of Arrest 1. No Return/Unacted 2. For issuance of alias warrant of arrest 39 32 - Summons - 2 No further action/setting 4 17 For compliance of the parties 4 23 For compliance of the Bondsmen 51 - Total