ChanRobles™ Virtual Law Library | chanrobles.com™  
Main Index Law Library Philippine Laws, Statutes & Codes Latest Legal Updates Philippine Legal Resources Significant Philippine Legal Resources Worldwide Legal Resources Philippine Supreme Court Decisions United States Jurisprudence
Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
Chan Robles Virtual Law Library
 









 

 
UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
June-1997 Jurisprudence                 

  • G.R. No. 92462 June 2, 1997 - SANTIAGO GOKING v. ROLANDO R. VILLARAZA, ET AL.

  • G.R. No. 97896 June 2, 1997 - TEKNIKA SKILLS & TRADE SERVICES, INC. v. SECRETARY OF LABOR, ET AL.

  • G.R. No. 116748 June 2, 1997 - PEOPLE OF THE PHIL. v. MARJORIE CASTILLO

  • G.R. No. 121434 June 2, 1997 - ELENA F. UICHICO, ET AL. v. NLRC, ET AL.

  • G.R. No. 120880 June 5, 1997 - FERDINAND R. MARCOS II v. COURT OF APPEALS, ET AL.

  • G.R. No. 76969 June 9, 1997 - INLAND REALTY INVESTMENT SERVICE, INC., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 89369 June 9, 1997 - PEOPLE OF THE PHIL. v. ROLANDO BERGONIA, ET AL.

  • G.R. No. 107259 June 9, 1997 - RAYMUNDO M. DAPITON, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 108475 June 9, 1997 - GAMALIEL DINIO, ET AL. v. BIENVENIDO E. LAGUESMA, ET AL.

  • G.R. No. 115944 June 9, 1997 - ELVIRA C. GONZALES v. NLRC, ET AL.

  • G.R. No. 118536 June 9, 1997 - LAWIN SECURITY SERVICES, INC., ET AL. v. NLRC, ET AL.

  • G.R. Nos. 119362 & 120269 June 9, 1997 - PEOPLE OF THE PHIL. v. RICARDO O. RABOSA

  • G.R. No. 123905 June 9, 1997 - MARIA CRISTINA FERTILIZER CORP., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 124280 June 9, 1997 - FLORA S. REYES v. COURT OF APPEALS, ET AL.

  • Bar Matter No. 730 June 10, 1997 - NEED THAT LAW STUDENT PRACTICING UNDER RULE 138-A BE SUPERVISED

  • G.R. No. 96999 June 10, 1997 - CARLOS O. YSMAEL v. COURT OF APPEALS, ET AL.

  • G.R. No. 106812 June 10, 1997 - TAGAYTAY-TAAL TOURIST DEV. CORP. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 107302, 107306 & 108559-60 June 10, 1997 - INDUSTRIAL TIMBER CORP. v. NLRC, ET AL.

  • G.R. No. 120074 June 10, 1997 - LEAH P. ADORIO v. LUCAS P. BERSAMIN

  • G.R. No. 120594 June 10, 1997 - ALFONSO TAN, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 123639 June 10, 1997 - ANTONIO M. GARCIA v. COURT OF APPEALS, ET AL.

  • G.R. No. 113713 June 11, 1997 - ORIENT EXPRESS PLACEMENT PHIL. v. NLRC, ET AL.

  • G.R. No. 116940 June 11, 1997 - PHIL-AM GENERAL INSURANCE CO., INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 117561 June 11, 1997 - JULIO MARCO v. COURT OF APPEALS, ET AL.

  • G.R. No. 118041 June 11, 1997 - PHIMCO INDUSTRIES, INC. v. NLRC, ET AL.

  • G.R. Nos. 118921-22 June 11, 1997 - ERNESTO AUSTRIA v. COURT OF APPEALS, ET AL.

  • G.R. No. 120956 June 11, 1997 - PEOPLE OF THE PHIL. v. DOMINGO MORENO, ET AL.

  • Adm. Matter No. P-97-1248 June 13, 1997 - MARIEL ECUBE-BADEL v. DAVID DE LA PEÑA BADEL

  • G.R. Nos. 100513 & 111559 June 13, 1997 - SEVERINO ANTONIO v. COURT OF APPEALS, ET AL.

  • G.R. No. 102467 June 13, 1997 - EQUITABLE BANKING CORP., ET AL. v. NLRC, ET AL.

  • G.R. Nos. 110817-22 June 13, 1997 - PEOPLE OF THE PHIL. v. MARCELINO A. BUGARIN

  • G.R. No. 111088 June 13, 1997 - C & M TIMBER CORP. v. ANGEL C. ALCALA, ET AL.

  • G.R. Nos. 113103 & 116000 June 13, 1997 - NAPOCOR, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 114764 June 13, 1997 - WILFREDO T. PADILLA v. NLRC, ET AL.

  • Adm. Case No. 4244 June 17, 1997 - BUHANGIN RESIDENTS & EMPLOYEES ASSN., ETC. v. CORAZON NUÑEZ-MALANYAON

  • G.R. No. 100920 June 17, 1997 - PEOPLE OF THE PHIL. v. NOLI SALCEDO, ET AL.

  • G.R. No. 109311 June 17, 1997 - ZENAIDA ASUNCION v. NLRC, ET AL.

  • G.R. Nos. 110974-81 June 17, 1997 - PEOPLE OF THE PHIL. v. DANTE MANANSALA

  • G.R. No. 111357 June 17, 1997 - TRADERS ROYAL BANK v. INTERMEDIATE APPELLATE COURT, ET AL.

  • G.R. No. 113799 June 17, 1997 - PEOPLE OF THE PHIL. v. BIENVENIDO BAYDO

  • G.R. No. 119337 June 17, 1997 - BAYVIEW HOTEL, INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 120030 June 17, 1997 - ATLAS FERTILIZER CORP., ET AL. v. NLRC, ET AL.

  • G.R. No. 120553 June 17, 1997 - PHILTRANCO SERVICE ENTERPRISES, INC., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 120802 June 17, 1997 - JOSE T. CAPILI v. NLRC, ET AL.

  • G.R. No. 121787 June 17, 1997 - PEOPLE OF THE PHIL. v. EDGARDO GREFALDIA

  • G.R. No. 121964 June 17, 1997 - ABDULIA RODRIGUEZ, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 122932 June 17, 1997 - JOY BROTHERS, INC. v. NWPC

  • Adm. Case No. 4431 June 19, 1997 - PRISCILLA CASTILLO VDA. DE MIJARES v. ONOFRE A. VILLALUZ

  • Adm. Matter No. P-96-1221 June 19, 1997 - ADORACION G. ANGELES v. PABLO C. GERNALE, JR.

  • Adm. Matter No. P-97-1240 June 19, 1997 - WILFREDO C. BANOGON v. FELIPE T. ARIAS

  • Adm. Matter No. P-97-1242 June 19, 1997 - ESTHER P. MAGLEO v. ARISTON G. TAYAG

  • G.R. Nos. 93100 & 97855 June 19, 1997 - ATLAS FERTILIZER CORP. v. SECRETARY OF DAR

  • G.R. No. 102612 June 19, 1997 - MANUEL L. QUEZON UNIVERSITY, ET AL. v. NLRC, ET AL.

  • G.R. Nos. 102723-24 June 19, 1997 - PEOPLE OF THE PHIL. v. EDUARDO CABALLES, ET AL.

  • G.R. No. 103493 June 19, 1997 - PHILSEC INVESTMENT CORP., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 106583 June 19, 1997 - PEOPLE OF THE PHIL. v. VICTORIANO CASTRO

  • G.R. No. 108107 June 19, 1997 - PEOPLE OF THE PHIL. v. SUSAN PANTALEON

  • G.R. No. 108616 June 19, 1997 - PEOPLE OF THE PHIL. v. RODOLFO PATAWARAN

  • G.R. No. 109224 June 19, 1997 - MEGASCOPE GENERAL SERVICES v. NLRC, ET AL.

  • G.R. No. 110226 June 19, 1997 - ALBERTO S. SILVA, ET AL. v. NLRC, ET AL.

  • G.R. No. 112687 June 19, 1997 - PEOPLE OF THE PHIL. v. ABNER B. EUBRA

  • G.R. No. 113685 June 19, 1997 - PEOPLE OF THE PHIL. v. THEODORE BERNAL, ET AL.

  • G.R. No. 114812 June 19, 1997 - PEOPLE OF THE PHIL. v. RODEL Z. SAHAGUN, ET AL.

  • G.R. No. 115968 June 19, 1997 - RUBIN FERRER, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 116394 June 19, 1997 - PEOPLE OF THE PHIL. v. TEODORO BONOLA

  • G.R. No. 116918 June 19, 1997 - PEOPLE OF THE PHIL. v. BONFILO MARTINEZ

  • G.R. No. 117005 June 19, 1997 - CARLITO D. CORPUZ v. COURT OF APPEALS, ET AL.

  • G.R. No. 117228 June 19, 1997 - RODOLFO MORALES, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 118335-36 June 19, 1997 - PEOPLE OF THE PHIL. v. ROSELLER ALAS, ET AL.

  • G.R. No. 119071 June 19, 1997 - PEOPLE OF THE PHIL. v. ROGELIO ANTIPONA

  • G.R. No. 121429 June 19, 1997 - MARCIA TUMBIGA v. NLRC, ET AL.

  • G.R. No. 122368 June 19, 1997 - BERNARDO NAZAL, ET AL. v. NLRC, ET AL.

  • G.R. No. 122389 June 19, 1997 - MIGUEL SINGSON v. NLRC, ET AL.

  • G.R. No. 122806 June 19, 1997 - TIMES BROADCASTING NETWORK v. COURT OF APPEALS, ET AL.

  • G.R. No. 122866 June 19, 1997 - MELVA NATH v. NLRC, ET AL.

  • G.R. No. 123073 June 19, 1997 - PEOPLE OF THE PHIL. v. BENJAMIN CAYABYAB

  • G.R. No. 123673 June 19, 1997 - PEDRO C. CALUCAG v. COMELEC, ET AL.

  • G.R. No. 123708 June 19, 1997 - CSC, ET AL. v. RAFAEL M. SALAS

  • G.R. No. 124050 June 19, 1997 ccc zz

    MAYER STEEL PIPE CORP., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 125008 June 19, 1997 - COMMODITIES STORAGE & ICE PLANT CORP., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 125221 June 19, 1997 - REYNALDO M. LOZANO v. ELIEZER R. DE LOS SANTOS, ET AL.

  • G.R. No. 125347 June 19, 1997 - EMILIANO RILLO v. COURT OF APPEALS, ET AL.

  • G.R. No. 125798 June 19, 1997 - HADJI HAMID LUMNA PATORAY v. COMELEC, ET AL.

  • G.R. No. 125955 June 19, 1997 - WILMER GREGO v. COMELEC, ET AL.

  • G.R. No. 126361 June 19, 1997 - VICTOR R. MIRANDA, ET AL. v. JESSIE B. CASTILLO, ET AL.

  • G.R. No. 127311 June 19, 1997 - CONRADO LINDO v. COMELEC, ET AL.

  • G.R. No. 127623 June 19, 1997 - DOMINADOR VERGEL DE DIOS v. COURT OF APPEALS, ET AL.

  • G.R. No. 116216 June 20, 1997 - NATALIA S. MENDOZA v. COURT OF APPEALS, ET AL.

  • G.R. No. 116695 June 20, 1997 - VICTORIA G. GACHON, ET AL. v. NORBERTO C. DEVERA, JR., ET AL.

  • G.R. No. 118435 June 20, 1997 - PEOPLE OF THE PHIL. v. MARIO SERZO, JR.

  • G.R. No. 119178 June 20, 1997 - LINA LIM LAO v. COURT OF APPEALS, ET AL.

  • G.R. No. 119745 June 20, 1997 - POWER COMMERCIAL AND INDUSTRIAL CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 122079 June 27, 1997 - ANTONIO CONCEPCION, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 100935 June 30, 1997 - PEOPLE OF THE PHIL. v. VICENTE ZABALLERO

  • G.R. No. 102316 June 30, 1997 - VALENZUELA HARDWOOD AND INDUSTRIAL SUPPLY v. COURT OF APPEALS, ET AL.

  • G.R. No. 112260 June 30, 1997 - JOVITA YAP ANCOG, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 115689 June 30, 1997 - PEOPLE OF THE PHIL. v. LINO ARTIAGA

  • G.R. No. 121793 June 30, 1997 - PEOPLE OF THE PHIL. v. ADONIS BALAD

  •  





     
     

    Adm. Matter No. P-97-1242   June 19, 1997 - ESTHER P. MAGLEO v. ARISTON G. TAYAG

     
    PHILIPPINE SUPREME COURT DECISIONS

    SECOND DIVISION

    [Adm. Matter No. P-97-1242. June 19, 1997.]

    (Formerly OCA I.P.I. No. 96-174-P)

    ESTHER P. MAGLEO, in behalf of Union Refinery Corporation, Petitioner, v. ATTY. ARISTON G. TAYAG Branch Clerk of Court, RTC, Branch 18, Malolos, Bulacan, Respondent.


    SYLLABUS


    CONSTITUTIONAL LAW; SUPREME COURT; ADMINISTRATIVE SUPERVISION OVER COURT PERSONNEL; 17 MONTHS DELAY IN TRANSMISSION OF RECORDS TO COURT OF APPEALS CONSTITUTES NEGLECT OF DUTY; CASE AT BAR. — There was inordinate delay in the transmission of the records. As Senior Deputy Court Administrator Reynaldo L. Suarez states in his report: While admittedly, the records of the case of Civil Case No. 550-M-87 was already transmitted to the Court of Appeals, this Office cannot tolerate the long period of time, about 17 months, that the Branch Clerk of Court failed to transmit the records of the case. Under Rule 122, Section 8 of the Rules of Court, the Clerk or Judge of the court with whom the notice of appeal has been filed must, within five (5) days after filing of the notice, transmit to the Clerk of Court to which the appeal is taken, the complete record of the case together with the notice of appeal. The Branch Clerk of Court is responsible for seeing to it that the records of appealed cases are properly sent to the appropriate appellate court without delay (Tan v. Coliflores, 240 SCRA 303). It is the duty of the Branch Clerk of Court to deliver the complete record of the case to the Clerk of Court so that it could be transmitted to the appellate court within five (5) days after the accused gave notice of his appeal. This duty could not be excused simply because copies of the stenographers. What is required to be transmitted within five (5) days from the filing of a notice five (5) days from the filing of a notice of appeal is the complete record, not the TSN. If the TSN cannot be transmitted at the same time as the record, it could be submitted to the appellate court later (Villanueva v. Pollentes, 247 SCRA 24). If respondent Clerk of Court anticipates a delay in transmission of the records, he should have made a written manifestation to his Presiding Judge or the courtesy of answering the letter-query of herein complainant, on the reasons whey he is incurring in delay in the transmission of records of Civil Case No. 550-M-87 to the appellate court. Hence, this Office finds herein respondent guilty of negligence in failing to transmit the records of the case on time. Accordingly, the Court finds respondent Atty. Ariston G. Tayag guilty of neglect of duty and hereby orders him to pay a fine of P5,000.00 with warning that a repetition of this or similar acts will be dealt with more severely.


    D E C I S I O N


    MENDOZA, J.:


    This is a complaint filed by Esther P. Magleo, vice president of the Union Refinery Corporation, charging Ariston G. Tayag, clerk of court of the Regional Trial Court of Malolos, Branch 18, with "gross neglect of duty, being notoriously undesirable, inefficient and incompetent in the performance of official duties, refusal to perform official duty, insubordination [and] conduct prejudicial to the best interest of the service." 1

    The Union Refinery Corporation (URC) was plaintiff in Civil Case 550-M-87 of the RTC in Malolos, Bulacan. On July 11, 1994, judgment was rendered against it. URC filed a notice of appeal, for which reason the presiding judge, Judge Demetrio B. Macapagal, Sr., on August 25, 1994, ordered respondent branch clerk of court to forward "the complete records" of the case to the Court of Appeals.

    Up to January of 1995, however, the records had not yet been elevated to the appellate court so that, on January 19, 1995, URC filed a motion for the elevation of the records to the Court of Appeals. On October 2, 1995, as the records were not yet transmitted to the appellate court, URC filed another motion, but still the records of the case had not been sent. On January 11, 1996, URC wrote respondent inquiring whether he had complied yet with the order of the court. Respondent did not reply to the letter. On June 26, 1996, after checking with the Court of Appeals, URC’s counsel was informed that the records were not yet with the Court. Complainant, as vice president of URC, then filed the instant complaint.

    In his Comment, respondent informed the Court that the complete records of the case had finally been transmitted to the Court of Appeals on February 2, 1996. Respondent explained that the delay in the transmittal of the records was due to the fact that the duplicate copies of the transcript of stenographic notes were not readily available, while the exhibits were disarranged, so that it took respondent two (2) weeks to prepare them.

    The Office of the Court Administrator, to which this case was referred for evaluation on January 22, 1997, recommends that respondent be fined P5,000.00 and warned that repetition of this infraction in the future will be dealt with more severely.

    The recommendation is well taken. The reason given by respondent for his failure to transmit the records of Civil Case No. 550-M-87 are insubstantial. There was inordinate delay in the transmission of the records. As Senior Deputy Court Administrator Reynaldo L. Suarez states in his report:chanrob1es virtual 1aw library

    While admittedly, the records of the case of Civil Case No. 550-M-87 was already transmitted to the Court of Appeals, this Office cannot tolerate the long period of time, about 17 months, that the Branch Clerk of Court failed to transmit the records of the case. This Office cannot give credence to the reasons stated by the respondent in not transmitting the records of the case within the prescribed period. The Administrative functions of the Branch Clerks of Court are vital to the prompt and proper administration of justice. Among the duties of the Branch Clerk of Court is the prompt and orderly transmittal of appealed cases and their records to the appellate court (Fabiculana, Sr. v. Gadon, 239 SCRA 542). Under Rule 122, Section 8 of the Rules of Court, the Clerk or Judge of the court with whom the notice of appeal has been filed must, within five (5) days after filing of the notice, transmit to the Clerk of Court to which the appeal is taken, the complete record of the case together with the notice of appeal. The Branch Clerk of Court is responsible for seeing to it that the records of appealed cases are properly sent to the appropriate appellate court without delay (Tan v. Coliflores, 240 SCRA 303). It is the duty of the Branch Clerk of Court to deliver the complete record of the case to the Clerk of Court so that it could be transmitted to the appellate court within five (5) days after the accused gave notice of his appeal. This duty could not be excused simply because copies of the stenographic notes has not been made by the stenographers. What is required to be transmitted within five (5) days from the filing of a notice of appeal is the complete record, not the TSN. If the TSN cannot be transmitted at the same time as the record, it could be submitted to the appellate court later (Villanueva v. Pollentes, 247 SCRA 24). If respondent Clerk of Court anticipates a delay in transmission of the records, he should have made a written manifestation to his Presiding Judge or the courtesy of answering the letter-query of herein complainant, on the reasons why he is incurring in delay in the transmission of records of Civil Case No. 550-M-87 to the appellate court. Hence, this Office finds herein respondent guilty of negligence in failing to transmit the records of the case on time.

    Parties should not be made to wait before their complaints are attended to. And, certainly, where necessary, they should be informed of the status of their case, unlike in the case of complainant to whom respondent did not even give the courtesy of a reply to explain the reason for the delay in the transmission of the records.chanrobles.com : virtual lawlibrary

    Accordingly, the Court finds respondent Atty. Ariston G. Tayag guilty of neglect of duty and hereby orders him to pay a fine of P5,000.00 with warning that a repetition of this or similar acts will be dealt with more severely.

    SO ORDERED.

    Regalado, Romero, Puno and Torres, Jr., JJ., concur.

    Endnotes:



    1. Rollo, p. 2.

    Adm. Matter No. P-97-1242   June 19, 1997 - ESTHER P. MAGLEO v. ARISTON G. TAYAG


    Back to Home | Back to Main

     

    QUICK SEARCH

    cralaw

       

    cralaw



     
      Copyright © ChanRobles Publishing Company Disclaimer | E-mail Restrictions
    ChanRobles™ Virtual Law Library | chanrobles.com™
     
    RED