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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)
 

 
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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
August-2001 Jurisprudence                 

  • G.R. No. 126899 August 2, 2001 - PEOPLE OF THE PHIL. v. FELICITO T. BARBOSA

  • G.R. No. 128137 August 2, 2001 - PEOPLE OF THE PHIL. v. MARIO HAMTO

  • G.R. No. 131203 August 2, 2001 - PEOPLE OF THE PHIL. v. GUILLERMO CARIÑO

  • G.R. No. 137473 August 2, 2001 - ESTELITO V. REMOLONA v. CSC

  • G.R. Nos. 141702-03 August 2, 2001 - CATHAY PACIFIC AIRWAYS v. NLRC, ET AL.

  • G.R. Nos. 128816 & 139979-80 August 8, 2001 - PEOPLE OF THE PHIL. v. ALFREDO P. CABILTO, ET AL.

  • G.R. No. 131817 August 8, 2001 - PEOPLE OF THE PHIL. v. DANTE L. DOMINGO

  • G.R. Nos. 133791-94 August 8, 2001 - PEOPLE OF THE PHIL. v. CORNELIO SUPNAD

  • G.R. No. 135065 August 8, 2001 - PEOPLE OF THE PHIL. v. BENNY CABANGCALA, ET AL.

  • Adm. Case No. 4982 August 9, 2001 - KATRINA JOAQUIN CARIÑO v. ARTURO DE LOS REYES

  • A.M. No. 01-2-47-RTC August 9, 2001 - RE: JUDGE GUILLERMO L. LOJA,

  • A.M. No. MTJ-01-1365 August 9, 2001 - CESINA EBALLA v. ESTRELLITA M. PAAS, ET AL.

  • Adm. Matter No. P-01-1495 August 9, 2001 - ESMERALDO D. VISITACION v. GREDAM P. EDIZA

  • A.M. No. RTJ-99-1506 August 9, 2001 - JOSEFINA MERONTOS Vda. de SAYSON v. OSCAR E. ZERNA

  • A.M. No. P-01-1489 August 9, 2001 - CATALINO BAUTISTA, ET AL. v. AMELITA O. MENDOZA

  • G.R. No. 110740 August 9, 2001 - NDC-GUTHRIE PLANTATIONS, ET AL. v. NLRC, ET AL.

  • G.R. No. 112485 August 9, 2001 - EMILIA MANZANO v. MIGUEL PEREZ SR., ET AL.

  • G.R. No. 129209 August 9, 2001 - PEOPLE OF THE PHIL. v. JESEMIEL MOSQUERRA, ET AL.

  • G.R. No. 134565 August 9, 2001 - PEOPLE OF THE PHIL v. LUDIVINO MIANA, ET AL.

  • G.R. Nos. 138472-73 August 9, 2001 - PEOPLE OF THE PHIL. v. NOEL PADILLA

  • G.R. No. 138964 August 9, 2001 - VICENTE RELLOSA, ET AL. v. GONZALO PELLOSIS, ET AL.

  • G.R. No. 139411 August 9, 2001 - PEOPLE OF THE PHIL. v. AGAPITO TORALBA

  • G.R. No. 139532 August 9, 2001 - REGAL FILMS v. GABRIEL CONCEPCION

  • G.R. No. 139665 August 9, 2001 - MA. VILMA S. LABAD v. UNIVERSITY OF SOUTHEASTERN PHIL., ET AL.

  • G.R. No. 140347 August 9, 2001 - PEOPLE OF THE PHIL. v. ROLANDO OLITA

  • G.R. No. 142546 August 9, 2001 - ANASTACIO FABELA, ET AL v. COURT OF APPEALS, ET AL.

  • G.R. No. 142838 August 9, 2001 - ABELARDO B. LICAROS v. ANTONIO P. GATMAITAN

  • G.R. No. 143881 August 9, 2001 - DANILO EVANGELISTA v. PEDRO SISTOZA, ET AL.

  • G.R. No. 143949 August 9, 2001 - ATCI OVERSEAS CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 144089 August 9, 2001 - CONCORDE HOTEL v. COURT OF APPEALS, ET AL.

  • G.R. No. 126480 August 10, 2001 - MARIA TIN v. PEOPLE OF THE PHIL.

  • G.R. No. 129162 August 10, 2001 - PEOPLE OF THE PHIL. v. WILLY FIGURACION, ET AL.

  • G.R. No. 130998 August 10, 2001 - MARUBENI CORP. ET AL. v. FELIX LIRAG

  • G.R. Nos. 137934 & 137936 August 10, 2001 - BATANGAS LAGUNA TAYABAS BUS COMPANY, ET AL. v. BENJAMIN M. BITANGA. ET AL.

  • G.R. No. 143673 August 10, 2001 - CONRADO TUAZON, ET AL. v. ERNESTO GARILAO, ET AL.

  • G.R. No. 144708 August 10, 2001 - RAFAEL ALBANO, ET AL v. COURT OF APPEALS, ET AL.

  • G.R. No. 146724 August 10, 2001 - GIL TAROJA VILLOTA v. COMELEC, ET AL.

  • G.R. No. 136266 August 13, 2001 - EUTIQUIO A. PELIGRINO v. PEOPLE OF THE PHIL.

  • A.M. No. RTJ-01-1612 August 14, 2001 - MARCO FRANCISCO SEVILLEJA v. ANTONIO N. LAGGUI

  • A.M. No. P-00-1438 August 14, 2001 - JUNN F. FLORES v. ROGER S. CONANAN

  • G.R. No. 135482 August 14, 2001 - ORLANDO SALVADOR v. ANIANO A. DESIERTO, ET AL.

  • G.R. No. 136192 August 14, 2001 - PRESIDENTIAL AD HOC FACT-FINDING COMMITTEE ON BEHEST LOANS v. ANIANO DESIERTO, ET AL.

  • G.R. No. 141617 August 14, 2001 - ADALIA B. FRANCISCO and MERRYLAND DEVELOPMENT CORPORATION v. RITA C. MEJIA

  • G.R. No. 142276 August 14, 2001 - FLORENTINO GO, JR., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 142662 August 14, 2001 - PEOPLE OF THE PHIL. v. JERRY FERRER

  • A.C. No. 5486 August 15, 2001 - IN RE: ATTY. DAVID BRIONES.

  • A.M. RTJ No. 89-403 August 15, 2001 - MOLINTO D. PAGAYAO v. FAUSTO H. IMBING

  • A.M. No. 96-9-332-RTC August 15, 2001 - DIRECTOR, PNP NARCOTICS COMMAND v. JAIME N. SALAZAR

  • A.M. No. P-99-1311 August 15, 2001 - OFFICE OF THE COURT ADMINISTRATOR v. ALBERTO V. GARONG

  • G.R. Nos. 113822-23 August 15, 2001 - PEOPLE OF THE PHIL. v. RAUL L. PABLO, ET AL.

  • G.R. No. 118492 August 15, 2001 - GREGORIO H. REYES, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 120468 August 15, 2001 - PEOPLE OF THE PHIL. v. LOPE B. LIWANAG, ET AL.

  • G.R. No. 128177 August 15, 2001 - ROMAN SORIANO v. COURT OF APPEALS, ET AL.

  • G.R. No. 129295 August 15, 2001 - PEOPLE OF THE PHIL. v. EDWIN MORIAL, ET AL.

  • G.R. No. 129598 August 15, 2001 - PNB MADECOR v. GERARDO C. UY

  • G.R. No. 130360 August 15, 2001 - WILSON ONG CHING KIAN CHUAN v. COURT OF APPEALS, ET AL.

  • G.R. No. 136834 August 15, 2001 - FELIX SENDON, ET AL. v. FRATERNIDAD O. RUIZ, ET AL.

  • G.R. No. 137271 August 15, 2001 - PEOPLE OF THE PHIL v. REYNALDO CORRE JR., ET AL.

  • G.R. No. 137509 August 15, 2001 - PEVET ADALID FELIZARDO, ET AL v. SIEGFREDO FERNANDEZ

  • G.R. Nos. 137969-71 August 15, 2001 - PEOPLE OF THE PHIL v. RAFAEL SALALIMA

  • G.R. No. 139337 August 15, 2001 - MA. CARMINIA C. ROXAS v. COURT OF APPEALS, ET AL.

  • G.R. No. 139420 August 15, 2001 - ROBERTO R. SERRANO v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 140900 & 140911 August 15, 2001 - PEOPLE OF THE PHIL. v. RODERICK LICAYAN, ET AL.

  • G.R. No. 143340 August 15, 2001 - LILIBETH SUNGA-CHAN, ET AL v. LAMBERTO T. CHUA

  • G.R. No. 144813 August 15, 2001 - GOLD LINE TRANSIT v. LUISA RAMOS

  • G.R. No. 147270 August 15, 2001 - IN RE: PETE C. LAGRAN

  • A.M. No. RTJ-00-1565 August 16, 2001 - FEDERICO S. BERNARDO v. PATERNO G. TIAMSON

  • G.R. No. 119900 August 16, 2001 - SUNNY MOTORS SALES v. COURT OF APPEALS, ET AL.

  • G.R. No. 121897 August 16, 2001 - PEOPLE OF THE PHIL. v. GIL TEMPLA, ET AL.

  • G.R. No. 126200 August 16, 2001 - DEV’T. BANK OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 126926 August 16, 2001 - RAMON P. ARON v. COURT OF APPEALS, ET AL.

  • G.R. No. 127543 August 16, 2001 - INTERNATIONAL PIPES, ET AL. v. F. F. CRUZ & CO.

  • G.R. No. 132155 August 16, 2001 - ARAS-ASAN TIMBER CO. v. COMMISSIONER OF INTERNAL REVENUE, ET AL.

  • G.R. No. 134292 August 16, 2001 - PEOPLE OF THE PHIL. v. FRANCO MORALES

  • G.R. No. 136365 August 16, 2001 - ENRIQUE R. CAMACHO, ET AL. v. PHIL. NAT’L. BANK, ET AL.

  • G.R. No. 136780 August 16, 2001 - JEANETTE D. MOLINO v. SECURITY DINERS INTERNATIONAL CORP.

  • A.M. No. RTJ-00-1597 August 20, 2001 - WILSON ANDRES v. ORLANDO D. BELTRAN

  • A.M. No. RTJ-94-1131 August 20, 2001 - MIGUEL ARGEL v. HERMINIA M. PASCUA

  • G.R. No. 110055 August 20, 2001 - ASUNCION SAN JUAN v. COURT OF APPEALS, ET AL.

  • G.R. No. 111685 August 20, 2001 - DAVAO LIGHT & POWER CO. v. COURT OF APPEALS, ET AL.

  • G.R. No. 131866 August 20, 2001 - PEOPLE OF THE PHIL. v. CARLOS DOCTOLERO

  • G.R. No. 132174 August 20, 2001 - GUALBERTO CASTRO v. RICARDO GLORIA

  • G.R. No. 132684 August 20, 2001 - HERNANI N. FABIA v. COURT OF APPEALS, ET AL.

  • G.R. No. 134718 August 20, 2001 - ROMANA INGJUGTIRO v. LEON V. CASALS, ET AL.

  • G.R. No. 142401 August 20, 2001 - ANDREW TAN v. COURT OF APPEALS, ET AL.

  • G.R. No. 137299 August 21, 2001 - PEOPLE OF THE PHIL. v. FRANCISCO NANAS

  • G.R. No. 138869 August 21, 2001 - DAVID SO v. COURT OF APPEALS, ET AL.

  • G.R. No. 140519 August 21, 2001 - PHIL. RETIREMENT AUTHORITY v. THELMA RUPA

  • G.R. No. 130817 August 22, 2001 - PRESIDENTIAL AD HOC FACT-FINDING COMMITTEE ON BEHEST LOANS v. ANIANO A. DESIERTO, ET AL.

  • G.R. No. 138403 August 22, 2001 - PEOPLE OF THE PHIL. v. ROLLY C. ABULENCIA

  • G.R. Nos. 141712-13 August 22, 2001 - PEOPLE OF THE PHIL. v. EDMUNDO M. BOHOL

  • G.R. No. 143867 August 22, 2001 - PLDT v. CITY OF DAVAO, ET AL.

  • G.R. No. 128628 August 23, 2001 - ILDEFONSO SAMALA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 133749 August 23, 2001 - HERNANDO R. PEÑALOSA v. SEVERINO C. SANTOS

  • G.R. No. 133789 August 23, 2001 - PEOPLE OF THE PHIL. v. EDUARDO P. CHUA, ET AL.

  • G.R. No. 136506 August 23, 2001 - REPUBLIC OF THE PHIL. v. ANIANO A. DESIERTO, ET AL.

  • G.R. Nos. 137199-230 August 23, 2001 - PEOPLE OF THE PHIL. v. GEORGE J. ALAY-AY

  • G.R. No. 137842 August 23, 2001 - PEOPLE OF THE PHIL. v. DANILO H. CATUBIG

  • G.R. No. 138588 August 23, 2001 - FAR EAST BANK & TRUST COMPANY v. DIAZ REALTY INC.

  • G.R. No. 138022 August 23, 2001 - PEOPLE OF THE PHIL. v. PEDRO A. FRANCISCO

  • G.R. No. 144142 August 23, 2001 - YOLANDA AGUIRRE v. PEOPLE OF THE PHIL.

  • G.R. Nos. 138298 & 138982 August 24, 2001 - RAOUL B. DEL MAR v. PAGCOR, ET AL.

  • G.R. No. 131609 August 27, 2001 - PEOPLE OF THE PHIL. v. BONIFACIO PUERTA

  • A.M. No. RTJ-00-1571 August 28, 2001 - JESUS GUILLAS v. RENATO D. MUÑEZ

  • A.M. No. RTJ-01-1645 August 28, 2001 - VICTORINO S. SIANGHIO, JR. v. BIENVENIDO L. REYES

  • A.M. No. RTJ-01-1626 August 28, 2001 - JOSELITO D. FRANI v. ERNESTO P. PAGAYATAN

  • G.R. Nos. 100633 & 101550 August 28, 2001 - SOCORRO ABELLA SORIANO, ET AL v. COURT OF APPEALS, ET AL.

  • G.R. No. 114118 August 28, 2001 - SIMEON BORLADO, ET AL v. COURT OF APPEALS, ET AL.

  • G.R. No. 125728 August 28, 2001 - MARIA ALVAREZ VDA. DE DELGADO, ET AL v. COURT OF APPEALS, ET AL.

  • G.R. No. 129960 August 28, 2001 - PEOPLE OF THE PHIL. v. PEDRO CARIÑO

  • G.R. No. 131175 August 28, 2001 - JOVITO VALENZUELA, ET AL v. COURT OF APPEALS, ET AL.

  • G.R. No. 133056 August 28, 2001 - FACUNDO T. BAUTISTA v. PUYAT VINYL PRODUCTS

  • G.R. No. 140812 August 28, 2001 - CANDIDO ALFARO v. COURT OF APPEALS, ET AL.

  • G.R. No. 143256 August 28, 2001 - RODOLFO FERNANDEZ, ET AL. v. ROMEO FERNANDEZ, ET AL.

  • G.R. No. 144653 August 28, 2001 - BANK OF THE PHIL. ISLANDS v. COMMISSIONER OF INTERNAL REVENUE

  • A.M. No. P-00-1415-MeTC August 30, 2001 - OFFICE OF THE COURT ADMINISTRATOR v. TERESITA Q. ORBIGO-MARCELO

  • G.R. No. 111709 August 30, 2001 - PEOPLE OF THE PHIL. v. ROGER P. TULIN, ET AL.

  • G.R. No. 119811 August 30, 2001 - SOCORRO S. TORRES, ET AL. v. DEODORO J. SISON, ET AL.

  • G.R. No. 123980 August 30, 2001 - PEOPLE OF THE PHIL. v. MANUEL CALIMLIM

  • G.R. No. 127905 August 30, 2001 - PEOPLE OF THE PHIL. v. DANILO REMUDO

  • G.R. No. 129093 August 30, 2001 - JOSE D. LINA, ET AL. v. FRANCISCO DIZON PAÑO, ET AL.

  • G.R. No. 133113 August 30, 2001 - EDGAR H. ARREZA v. MONTANO M. DIAZ

  • G.R. No. 136280 August 30, 2001 - ORCHARD REALTY and DEV’T CORP. v. REPUBLIC OF THE PHIL, ET AL.

  • G.R. No. 139083 August 30, 2001 - FLORENCIA PARIS v. DIONISIO A. ALFECHE

  • G.R. No. 140229 August 30, 2001 - PEOPLE OF THE PHIL. v. HENRY BALMOJA

  • G.R. No. 140995 August 30, 2001 - PEOPLE OF THE PHIL. v. DANILO M. REGALA

  • G.R. No. 141128 August 30, 2001 - PEOPLE OF THE PHIL. v. ORPIANO DELOS SANTOS

  • G.R. No. 141283 August 30, 2001 - SEGOVIA DEVELOPMENT CORP. v. J.L. DUMATOL REALTY

  • G.R. No. 144442 August 30, 2001 - JESUS SALVATIERRA v. THE PEOPLE OF THE PHILIPPINES

  • A. M. No. 00-7-299-RTC August 31, 2001 - REQUEST FOR CONSOLIDATION OF CIVIL CASE NO. R-1692 RTC BR. 45

  • A.M. No. 00-8-03-SB August 31, 2001 - RE: UNNUMBERED RESOLUTION OF THE SANDIGANBAYAN RE ACQUISITION OF THREE [3] MOTOR VEHICLES FOR OFFICIAL USE OF JUSTICES

  • A.M. No. P-99-1316 August 31, 2001 - KENNETH S. NEELAND v. ILDEFONSO M. VILLANUEVA

  • G.R. Nos. 132548-49 August 31, 2001 - PEOPLE OF THE PHILIPPINES v. ALEJO MIASCO

  • G.R. No. 141211 August 31, 2001 - CITY WARDEN OF THE MANILA CITY JAIL v. RAYMOND S. ESTRELLA, ET AL.

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    A.M. No. P-01-1489   August 9, 2001 - CATALINO BAUTISTA, ET AL. v. AMELITA O. MENDOZA

     
    PHILIPPINE SUPREME COURT DECISIONS

    SECOND DIVISION

    [A.M. No. P-01-1489. August 9, 2001.]

    SPOUSES CATALINO AND JUANITA BAUTISTA, Complainants, v. AMELITA O. MENDOZA, Clerk of Court II, 4th Municipal Circuit Trial Court, Alfonso General Aguinaldo, Cavite, Respondent.

    D E C I S I O N


    MENDOZA, J.:


    This is a complaint filed against Amelita O. Mendoza, Clerk of Court II of the MCTC, Alfonso-General Aguinaldo, Cavite, for neglect of duty resulting in the loss of the records of a criminal case for frustrated homicide.

    Complainants are the spouses Catalino and Juanita Bautista of Barangay Castanos Lejos, General Aguinaldo, Cavite. It appears that they filed in February 1994 a complaint for frustrated homicide against Eduardo Erni before the 4th MCTC, Alfonso-General Aguinaldo, Cavite, where it was docketed as Criminal Case No. 2337-94. In their present complaint, the Bautistas allege that the trial of the criminal case had yet to be held even after one year had passed. Meanwhile, Accused Eduardo Erni had been granted bail. Complainants claim that in November or December 1999, when they inquired about the status of their case, they were informed by respondent Clerk of Court Amelita O. Mendoza that the records of the case had been lost and that the case had already been archived. 1

    In his 1st Indorsement, dated January 21, 2000, Court Administrator Alfredo Benipayo required respondent to submit his comment. Respondent explained:chanrob1es virtual 1aw library

    . . . . [D]ue to the number of times of record movements in our office due to the heavy rains that usually beset our place coupled by the fact that the building that houses our court is already old and needs repair of the roof and walls, the record of the aforesaid case was misplaced. Many records were heavily soaked with water, eventually destroying them. Some were eaten by termites. 2

    She denied telling complainants that she had already archived the records of the case. What she told them was that she would check if the records had not been sent, together with records of other cases, to the archives. 3

    The Court Administrator then referred the case to Executive Judge Christopher O. Lock, of the Regional Trial Court of Cavite City, for investigation, report, and recommendation. 4 Executive Judge Lock returned the case, however, explaining that respondent was not under his administrative supervision, but under that of Judge Alfonso Garcia of the RTC, Tagaytay City. 5 Accordingly, the case was referred to the latter for investigation and report. 6

    On May 3, 2000, complainant Juanita Bautista and respondent Amelita O. Mendoza testified before Presiding Judge Garcia. Complainant said she went to the MCTC, Alfonso-General Aguinaldo in November or December 1999 to inquire about the status of her case and was informed by respondent that the records of the case were missing. Respondent promised to look for them. In March or April 2000, according to complainant, she and her husband went back to the MCTC because of a subpoena ordering them to appear in court and to bring with them a copy of their complaint. Complainant said they talked to Judge Jose A. Mendoza, the presiding judge, who promised to look for the said complaint in the records of the MCTC. 7

    Complainant claimed that while going down the stairs of the courthouse, they met respondent who told them that the records were still missing. She asked them to return so that the records could be reconstituted. Complainant Catalino Bautista said she was angry and refused to come back because they had already filed the complaint against the accused in the criminal case. Instead, they filed this administrative case against the clerk of court. 8

    For her part, respondent clerk of court denied having told complainants that the records of the criminal case were missing, but only that these could have been misfiled with the records of other cases. She said she made an extensive search for the records, but could not find them and that after a while she stopped because she got sick and underwent an operation. Due to the volume of cases assigned to the court, she did not become aware of the loss of the records until complainant Juanita Bautista came in 1999 to inquire. She claimed she had no motive to hide the records, since complainant is her relative and she had never seen the accused Erni until before he posted bail. 9

    Time and again we have emphasized that those charged or connected with the task of dispensing justice carry a heavy burden of responsibility. 10 With specific reference to clerks of court, the Rules of Court charge them with the duty of faithfully keeping the records, papers, files, and exhibits in cases pending before their courts. 11 These are duties spelled out in the Manual for Clerks of Court. 12 In Angeles v. Bantug, 13 we described a clerk of court as an essential officer in the judicial system. His or her office is the hub of activities, and he or she is expected to be assiduous in performing official duties and in supervising and managing the court’s dockets. 14 His or her negligence in the performance of these duties warrants disciplinary action.

    In his report to the Court, Presiding Judge Garcia found respondent guilty of nonfeasance and recommended that she be reprimanded. While agreeing with the findings of Presiding Judge Garcia, Acting Court Administrator Zenaida N. Elepño recommended a fine in the amount of P5,000.00 with warning of a more severe penalty for a repetition of the same act as a reprimand would be too light a penalty for the offense.

    Considering the findings of the investigating judge, we hold that a reprimand with warning is the more appropriate penalty for sanctioning the act in this case.chanrob1es virtua1 1aw 1ibrary

    In a recent case, 18 respondent Utility Worker of the Judicial Records Office of this Court was shown to have lent another person the records of a civil case in exchange for a sum of money, resulting in their loss. Despite a directive to him to explain the loss of the records, he refused to do so. He was found guilty of dishonesty and gross misconduct and dismissed from the service, with forfeiture of retirement benefits and with prejudice to reemployment in government.

    On the other hand, in Lloveras v. Sanchez, 19 respondent Clerk of Court of the Municipal Trial Court of Consolacion, Cebu admitted to the loss of records of a criminal case. However, she explained that the loss was due to broken locks of the dilapidated filing cabinet in her office, resulting in court personnel having access to court records. She also exerted efforts to reconstruct the records, such that a decision on the case was subsequently rendered. The Court reprimanded respondent and warned her that a similar infraction in the future would be dealt with more severely.

    The case at bar is similar to the Lloveras case. As the investigating judge stated in his report:chanrob1es virtual 1aw library

    Under the circumstances, Mrs. Amelita O. Mendoza, Clerk of Court, MCTC, Alfonso-Gen. Aguinaldo, is already guilty of non-feasance for failure to perform her duty to safely keep the record (Crim. Case No. 2337-94) which was committed to her charge.chanrob1es virtua1 1aw 1ibrary

    Consideration, however, should be given to the fact that although there are numerous cases before her court and the fact that she has been Clerk of Court for a long period of time, this is the first time that a record was lost under her charge; that immediately after her knowledge of the loss, she exerted all efforts to locate and/or reconstitute the said records and have tried to convince complainant-spouses to re-file the case against Eduardo Erni. Part of the blame should also be ascribed to complainant-spouses for having taken too long (5 years) to follow up their case.

    WHEREFORE, it is hereby recommended that Ms. Amelita O. Mendoza be REPRIMANDED with a warning that a repetition of the same offense, a severe penalty will be meted against her. 15

    WHEREFORE, respondent Amelita O. Mendoza is REPRIMANDED and WARNED that a repetition of the same or similar acts in the future shall be dealt with more severely and the instant complaint is RE-DOCKETED as an administrative matter.chanrob1es virtua1 1aw 1ibrary

    SO ORDERED.

    Bellosillo, Quisumbing, Buena and De Leon, Jr., JJ., concur.

    Endnotes:



    1. Affidavit-complaint of Juanita B. Bautista and Catalino L. Bautista dated Jan. 3, 2000.

    2. Comment of Amelita O. Mendoza dated Feb. 8, 2000.

    3. Id.

    4. 1st Indorsement dated Feb. 29, 2000.

    5. 2nd Indorsement dated March 8, 2000.

    6. 1st Indorsement dated April 5, 2000.

    7. TSN (Juanita Bautista), pp. 2-20, May 3, 2000.

    8. Id.

    9. TSN (Amelita Mendoza), pp. 20-26, May 3, 2000.

    10. Re: Loss of Records of G.R. No. 126468 entitled "Sonia Llamas Tan v. Court of Appeals," A.M. No. 01-1-01-SC, May 23, 2001; Quiroz v. Orfila, 272 SCRA 324 (1997); Re: Ms. Teresita S. Subido, 242 SCRA 432 (1995).

    11. Rule 136, 7.

    12. Chapter II, Sec. A, General Duties of the Clerk of Court.

    13. 209 SCRA 407 (1992).

    14. Ramirez v. Racho, 260 SCRA 244 (1996).

    18. Re: Loss of Records of G.R. No. 126468 entitled ‘Sonia Llamas Tan v. Court of Appeals, supra.

    19. 229 SCRA 302 (1994).

    15. Report of Presiding Judge Alfonso S. Garcia dated May 22, 2000, pp. 3-4.

    A.M. No. P-01-1489   August 9, 2001 - CATALINO BAUTISTA, ET AL. v. AMELITA O. MENDOZA


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