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
 

   
October-1997 Jurisprudence                 

  • Adm. Matter No. MTJ-97-1123 October 2, 1997 - JOSELITO R. ENRIQUEZ v. RUBY B. CAMARISTA

  • Adm. Matter No. P-97-1255 October 2, 1997 - SIBANAH E. USMAN v. JULIUS G. CABE

  • Adm. Matter No. RTJ-93-1080 October 2, 1997 - HANSON SANTOS v. SANCHO DAMES II, ET AL.

  • G.R. No. 102900 October 2, 1997 - MARCELINO ARCELONA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 108897 October 2, 1997 - SARKIES TOURS PHIL., INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 116184 October 2, 1997 - NATION BROADCASTING CORP., ET AL. v. NLRC, ET AL.

  • G.R. No. 116720 October 2, 1997 - PEOPLE OF THE PHIL. v. ROEL ENCINADA

  • G.R. No. 117240 October 2, 1997 - PNCC v. NLRC, ET AL.

  • G.R. No. 120961 October 2, 1997 - DISTILLERIA WASHINGTON v. LA TONDEÑA DISTILLERS, ET AL.

  • G.R. No. 121449 October 2, 1997 - SANYO TRAVEL CORP., ET AL. v. NLRC, ET AL.

  • G.R. No. 123172 October 2, 1997 - PEOPLE OF THE PHIL. v. FELIX DE GUIA

  • G.R. No. 102366 October 3, 1997 - PEOPLE OF THE PHIL. v. HECTOR VASQUEZ, ET AL.

  • Adm. Matter No. P-97-1250 October 6, 1997 - DOMINADOR D. BORNASAL, JR. v. JAIME T. MONTES

  • G.R. No. 83402 October 6, 1997 - ALGON ENGINEERING CONSTRUCTION CORP., ET AL. v. NLRC, ET AL.

  • G.R. No. 103585 October 6, 1997 - NATIONAL ELECTRIFICATION ADMINISTRATION v. COURT OF APPEALS, ET AL.

  • G.R. No. 118935 October 6, 1997 - PEOPLE OF THE PHIL. v. FERNANDO LO-AR

  • G.R. No. 123445 October 6, 1997 - BENJAMIN TOLENTINO v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 104774-75 October 8, 1997 - ZACARIAS OARDE, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 107992 October 8, 1997 - ODYSSEY PARK, INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 110115 October 8, 1997 - RODOLFO TIGNO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 125616 October 8, 1997 - MARIO RABAJA v. COURT OF APPEALS, ET AL.

  • G.R. No. 95694 October 9, 1997 - VICENTE VILLAFLOR v. COURT OF APPEALS, ET AL.

  • G.R. No. 98328 October 9, 1997 - JUAN C. CARVAJAL v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 106632 & 106678 October 9, 1997 - DORIS TERESA HO v. PEOPLE OF THE PHIL., ET AL.

  • G.R. No. 111194 October 9, 1997 - PEOPLE OF THE PHIL. v. WILFREDO G. TEODORO

  • G.R. No. 113447 October 9, 1997 - ALAIN MANALILI v. COURT OF APPEALS, ET AL.

  • G.R. No. 118992 October 9, 1997 - PEOPLE OF THE PHIL. v. CELERINO CASTROMERO

  • Adm. Case No. 4467 October 10, 1997 - GIL A. DE LEON, ET AL. v. RODOLFO BONIFACIO, ET AL.

  • G.R. No. 103028 October 10, 1997 - CARLOTA DELGADO VDA. DE DELA ROSA v. COURT OF APPEALS

  • G.R. No. 107434 October 10, 1997 - CITIBANK v. COURT OF APPEALS, ET AL.

  • G.R. No. 111148 October 10, 1997 - ENRIQUE A. SOBREPEÑA, JR. v. COURT OF APPEALS, ET AL.

  • G.R. No. 115938 October 10, 1997 - PEOPLE OF THE PHIL. v. FERNANDO GALERA

  • G.R. No. 119360 October 10, 1997 - PAL, INC. v. ACTING SECRETARY OF LABOR, ET AL.

  • G.R. No. 119523 October 10, 1997 - ISABELO VIOLETA, ET AL. v. NLRC, ET AL.

  • G.R. No. 120191 October 10, 1997 - LORETO ADALIN, ET AL. v. COURT OF APPEALS, ET AL.

  • Adm. Matter No. P-96-1199 October 13, 1997 - VLADIMIR BRUSOLA v. EUDARLIO B. VALENCIA, JR.

  • G.R. No. 68166 October 13, 1997 - HEIRS OF EMILIANO NAVARRO v. INTERMEDIATE APPELLATE COURT, ET AL.

  • Adm. Matter No. MTJ-91-562 October 16, 1997 - EQUATORIAL REALTY DEVELOPMENT, INC. v. CASIANO P. ANUNCIACION

  • Adm. Matter No. MTJ-97-1139 October 16, 1997 - ROBERTO ESPIRITU v. EDUARDO JOVELLANOS

  • Adm. Matter No. P-92-747 October 16, 1997 - JESUS R. LLAMADO v. ARMANDO RAVELO

  • Adm. Matter No. P-96-1189 October 16, 1997 - LELU P. CONTRERAS v. SALVADOR C. MIRANDO

  • Adm. Matter No. P-96-1207 October 16, 1997 - D. ROY A. MASADAO, ET AL. v. GERALDINE GLORIOSO, ET AL.

  • Adm. Matter No. P-97-1252 October 16, 1997 - ORESTES R. SANTOS v. NORBERTO V. DOBLADA, JR.

  • Adm. Matter No. RTJ-97-1375 October 16, 1997 - ROMULO B. MACALINTAL v. ANGELITO C. TEH

  • Adm. Matter No. RTJ-97-1391 October 16, 1997 - ROMULO A. RIVERA v. EFREN A. LAMORENA

  • Adm. Matter No. 97-9-97-MCTC October 16, 1997 - REPORT ON THE JUDICIAL AUDIT OF THE MCTC OF DINGLE-DUENAS, ILOILO

  • G.R. No. 94457 October 16, 1997 - VICTORIA LEGARDA v. COURT OF APPEALS, ET AL.

  • Adm. Matter No. 102936 October 16, 1997 - LEVY AGAO, ET AL. v. NLRC, ET AL.

  • G.R. No. 105668 October 16, 1997 - PEOPLE OF THE PHIL. v. HERNANDO DALABAJAN, ET AL.

  • G.R. No. 112745 October 16, 1997 - AQUILINO T. LARIN v. EXECUTIVE SECRETARY, ET AL.

  • G.R. No. 113271 October 16, 1997 - WATEROUS DRUG CORP., ET AL. v. NLRC, ET AL.

  • G.R. No. 115282 October 16, 1997 - PEOPLE OF THE PHIL. v. MEDEL MAMALAYAN, ET AL.

  • G.R. Nos. 117399-117400 October 16, 1997 - PEOPLE OF THE PHIL. v. ZALDY JAGOLINGAY, ET AL.

  • G.R. No. 118230 October 16, 1997 - ABUNDIA BINGCOY v. COURT OF APPEALS, ET AL.

  • G.R. No. 118651 October 16, 1997 - PIONEER TEXTURIZING CORP., ET AL. v. NLRC, ET AL.

  • G.R. No. 118853 October 16, 1997 - BRAHM INDUSTRIES, INC. v. NLRC, ET AL.

  • G.R. No. 118946 October 16, 1997 - PEOPLE OF THE PHIL. v. RICO JAMLAN SALEM

  • G.R. No. 121582 October 16, 1997 - SOUTHERN COTABATO DEV. & CONSTRUCTION, ET AL. v. NLRC, ET AL.

  • G.R. No. 121687 October 16, 1997 - HEIRS OF MARCELINO PAGOBO v. COURT OF APPEALS, ET AL.

  • G.R. No. 123248 October 16, 1997 - TWIN ACE HOLDINGS CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 128054 October 16, 1997 - KILOSBAYAN, INC., ET AL. v. COMELEC, ET AL.

  • G.R. No. 113003 October 17, 1997 - ALBERTA YOBIDO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 113788 October 17, 1997 - PEOPLE OF THE PHIL. v. NORLITO GERON

  • G.R. No. 117459 October 17, 1997 - MOISES B. PANLILIO v. NLRC, ET AL.

  • G.R. Nos. 122474-76 October 17, 1997 - PEOPLE OF THE PHIL. v. VICTOR ABRECINOZ

  • G.R. No. 128119 October 17, 1997 - MURLI SADHWANI, ET AL. v. COURT OF APPEALS, ET AL.

  • Adm. Matter No. RTJ-97-1393 October 20, 1997 - ALAN SUASIN v. ERNESTO DINOPOL

  • G.R. No. 107747 October 20, 1997 - PEOPLE OF THE PHIL. v. ARNOLD TALINGTING

  • G.R. No. 99838 October 23, 1997 - PEOPLE OF THE PHIL. v. ERNESTO ENRIQUEZ, ET AL.

  • G.R. No. 105008 October 23, 1997 - PEOPLE OF THE PHIL. v. DOMENCIANO VASQUEZ

  • G.R. No. 108905 October 23, 1997 - GRACE CHRISTIAN HIGH SCHOOL v. COURT OF APPEALS, ET AL.

  • G.R. No. 111155 October 23, 1997 - COSMOS BOTTLING CORP. v. NLRC, ET AL.

  • G.R. No. 111662 October 23, 1997 - A.G. DEVELOPMENT CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 118192 October 23, 1997 - PRO LINE SPORTS CENTER, INC., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 119777 & 120690 October 23, 1997 - HEIRS OF PEDRO ESCANLAR, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 126321 October 23, 1997 - TOYOTA CUBAO v. COURT OF APPEALS, ET AL.

  • G.R. No. 112733 October 24, 1997 - PEOPLE’S INDUSTRIAL AND COMMERCIAL CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 114398 October 24, 1997 - CARMEN LIWANAG v. COURT OF APPEALS, ET AL.

  • G.R. No. 125469 October 27, 1997 - PHILIPPINE STOCK EXCHANGE, INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 130644 October 27, 1997 - FRANCISCO JUAN LARRANAGA v. COURT OF APPEALS, ET AL.

  • G.R. No. 118240 October 28, 1997 - PEOPLE OF THE PHIL. v. GIOVANNI BAJAR

  • G.R. No. 124099 October 30, 1997 - MANUEL G. REYES, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 104504 October 31, 1997 - PEDRITO PASTRANO v. COURT OF APPEALS, ET AL.

  •  





     
     

    Adm. Matter No. P-97-1255   October 2, 1997 - SIBANAH E. USMAN v. JULIUS G. CABE

     
    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    [Adm. Matter No. P-97-1255. October 2, 1997.]

    (Formerly OCA I.P.I. No. 96-111-P)

    JUDGE SIBANAH E. USMAN, Petitioner, v. JULIUS G. CABE, Sheriff IV, Respondent.


    SYLLABUS


    CONSTITUTIONAL LAW; SUPREME COURT; ADMINISTRATIVE SUPERVISION OVER COURT PERSONNEL; SHERIFF; UNAUTHORIZED TAKING OUT OF COURT RECORDS ON A SATURDAY AND COMING TO COURT DRUNK; PENALTY. — We cannot fathom how, on October 28, 1995 which was a Saturday, respondent obtained Bernales’ permission to photocopy certain court records, when the latter was not around on that day, the same being a non-working day. In fact, while Bernales alleged in his affidavit that his permission was sought by respondent on November 13, 1995, no similar allegation can be found as regards the incident on October 28, 1995. What respondent was able to do on that Saturday, as confirmed by Garcia’s affidavit, was to hail Garcia from his residence in the morning of October 28, 1995 and to insist that Garcia and respondent go to the court premises, get the court records, and have them photocopied outside, Garcia, however, had no authority to consent to the taking out of those court records. Respondent, therefore, acted on his own without the requisite prior consent of the clerk-in-charge. As Bernales acknowledged in his affidavit, respondent did obtain his permission to have the same court records photocopied the second time on November 13, 1995. However, he gave specific instructions that Garcia should be the one to handcarry the court records and to have them photocopied outside the court premises. With full knowledge of Bernales’ instructions, respondent defiantly himself took the court records and had them photocopied. While these acts seem minor infractions of procedural rules, this Court cannot and will not countenance the same. There are reasons for these rules and in this case, we cannot overemphasize the necessity for a regulated, orderly, and careful handling of court records the loss, tampering, or any other form of alteration or destruction of which does not only contribute to inordinate delay in judicial proceedings but more importantly erodes upon the credibility and reliability of our courts. Finally, on the charge of drunkenness, we agree with Judge Cinco that the incident involving respondent was an isolated one and that respondent’s acrimonious remarks directed against the stenographers were not insults against their person. Respondent, it appears, was simply overeager to emphasize the need for the stenographers to finish their transcripts of stenographic notes within a reasonable time, their recent failure in which has often been cited by the lawyers as the cause for the delay in the trial proceedings. WHEREFORE, in view of the foregoing, respondent Julius Cabe, Sheriff IV assigned to RTC, Branch 28, Catbalogan Samar, is (a) SUSPENDED for (5) days for unauthorized taking out of court records on a Saturday with WARNING that repetition thereof will merit a more severe punishment; and (b) with respect to his coming to court drunk, WARNED to avoid a repetition of the same.


    R E S O L U T I O N


    HERMOSISIMA, JR., J.:


    In a letter dated November 24, 1995, Judge Sibanah E. Usman, Presiding Judge of Branch 28 of the Regional Trial Court of Catbalogan, Samar, complained that one of the employees in his sala, namely, Julius Cabe, Sheriff IV, had, without authority and prior permission from the Branch Clerk of Court, taken out the records of Civil Cases Nos. 6748 and 6781 and managed to have certain orders and other documents included in said records, photocopied at the xerox center located at the Provincial Capitol. Judge Usman also disclosed that respondent Cabe had committed several other infractions and acts of misbehavior like incurring absences without securing the proper leave, coming to the office drunk, uttering insulting and unsavory words to his fellow court employees and being involved in the loss of four (4) firearms (court exhibits) at the time that he was court officer-in-charge.

    In the 1st Indorsement Letter dated November 16, 1995 issued and signed by Executive Judge Sinforiano A. Monsanto of the Regional Trial Court of Catbalogan, Samar, who conducted a Summary Investigation, Judge Monsanto stated that he was unable to interrogate the respondent who did not report for work on the date of the hearing. Judge Monsanto, however, recommended the prosecution of the case against the respondent, because "there is more than sufficient evidence to show that Mr. Cabe has violated Section 14, Rule 136 of the Rules of Court" when he had taken out without proper permission or authority, certain records of several cases kept in the Office of the Branch Clerk of Court.

    In his defense, respondent contends that he was on sick leave from November 15 to 17, 1995 when Judge Monsanto scheduled the hearing. Respondent also discounts the accusations of Martin G. Latorre, Virginia R Nunez and Armie P. Liad who all executed affidavits alleging that respondent was drunk in the afternoon of November 14, 1995 during which time he furiously berated them about the delay in the performance of their duty as stenographers, which incident, respondent claims, is at most an isolated one. According to respondent, based on feedback from lawyers as to the delay caused the judicial proceedings due to the slow process of transcribing stenographic notes, all that he had wanted to do was to prod the stenographers to be more efficient and prompt in performing their tasks.

    As to the charge of taking out of court records and having them photocopied without the prior permission of the Branch Clerk of Court, respondent argues that on the two cited instances on October 28, 1995 and November 13, 1995, he faithfully complied with the procedures for photocopying court records.

    The issues having been joined, we referred the case to Hon. Cesar R. Cinco, Executive Judge, Regional Trial Court, Branch 19, Catarman, Northern Samar, for Investigation, Report and Recommendation. In his report, Judge Cinco made findings only with respect to the charges regarding the photocopying of court records and drunkenness, leaving out the charge regarding the loss of four (4) firearms consisting of exhibits in a criminal case the investigation of which had been entrusted to the Presiding Judge of Branch 27 pursuant to the our Resolution promulgated in A.M. No. 94-10-317-RTC.

    Judge Cinco found that respondent obtained prior permission from Ramil G. Bernales, the clerk-in-charge of Civil Cases, in order to photocopy certain court records, but pointed out the slight irregularity in the procedure adopted by respondent on November 13, 1995 when instead of waiting, as instructed by Bernales, for the court aide, Benjamin C. Garcia, to handcarry the court records and photocopy them outside of the court premises, respondent himself brought the case folio outside of the court premises and had them photocopied at the xerox center near the capitol without waiting for Garcia to at least accompany him.

    On the charge of drunkenness and misbehavior, Judge Cinco concluded that while respondent admitted to having consumed some amount of alcoholic drink in the afternoon of November 14, 1995, respondent was not necessarily drunk or intoxicated when he remonstrated the stenographers to finish with dispatch the transcripts of their notes in view of the complaint of the lawyers regarding the delay in the trial proceedings caused by the slow process of transcription.

    For his part, Judge Cinco recommended that the charges against respondent be dismissed with a warning against the repetition of the same acts at some future time.

    We disagree to a certain extent.

    We cannot fathom how, on October 28, 1995 which was a Saturday, respondent obtained Bernales’ permission to photocopy certain court records, when the latter was not around on that day, the same being a non-working day. In fact, while Bernales alleged in his affidavit that his permission was sought by respondent on November 13, 1995, no similar allegation can be found as regards the incident on October 28, 1995. What respondent was able to do on that Saturday, as confirmed by Garcia’s affidavit, was to hail Garcia from his residence in the morning of October 28, 1995 and to insist that Garcia and respondent go to the court premises, get the court records, and have them photocopied outside. Garcia, however, had no authority to consent to the taking out of those court records. Respondent, therefore, acted on his own without the requisite prior consent of the clerk-in-charge.

    As Bernales acknowledged in his affidavit, respondent did obtain his permission to have the same court records photocopied the second time on November 13, 1995. However, he gave specific instructions that Garcia should be the one to handcarry the court records and to have them photocopied outside the court premises. With full knowledge of Bernales’ instructions, respondent defiantly himself took the court records and had them photocopied.

    While these acts seem minor infractions of procedural rules, this court cannot and will not countenance the same. There are reasons for these rules and in this case, we cannot overemphasize the necessity for a regulated, orderly, and careful handling of court records the loss, tampering, or any other form of alteration or destruction of which does not only contribute to inordinate delay in judicial proceedings but more importantly erodes upon the credibility and reliability of our courts.

    Finally, on the charge of drunkenness, we agree with Judge Cinco that the incident involving respondent was an isolated one and that respondent’s acrimonious remarks directed against the stenographers were not insults against their person. Respondent, it appears, was simply overeager to emphasize the need for the stenographers to finish their transcripts of stenographic notes within a reasonable time, their recent failure in which has often been cited by the lawyers as the cause for the delay in the trial proceedings.

    WHEREFORE, in view of the foregoing, respondent Julius Cabe, Sheriff IV assigned to RTC, Branch 28, Catbalogan Samar, is (a) SUSPENDED for five (5) days for unauthorized taking out of court records on a Saturday with WARNING that repetition thereof will merit a more severe punishment; and (b) with respect to his coming to court drunk, WARNED to avoid a repetition of the same.

    SO ORDERED.

    Davide, Jr., Vitug and Kapunan, JJ., concur.

    Bellosillo, J., took no part.

    Adm. Matter No. P-97-1255   October 2, 1997 - SIBANAH E. USMAN v. JULIUS G. CABE


    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