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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
 

   
June-2001 Jurisprudence                 

  • A.M. No. P-00-1446 June 6, 2001 - PATERNO R. PLANTILLA v. RODRIGO G. BALIWAG

  • A.M. No. P-91-642 June 6, 2001 - SOLEDAD LAURO v. EFREN LAURO

  • G.R. No. 92328 June 6, 2001 - DAP MINING ASSO. v. COURT OF APPEALS, ET AL.

  • G.R. No. 100579 June 6, 2001 - LEANDRO P. GARCIA v. COURT OF APPEALS, ET AL.

  • G.R. No. 113918 June 6, 2001 - MARCELINA G. TRINIDAD, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 121272 June 6, 2001 - PEOPLE OF THE PHIL. v. REYDERICK LAGO

  • G.R. No. 122353 June 6, 2001 - EVANGELINE DANAO v. COURT OF APPEALS, ET AL.

  • G.R. No. 129534 & 141169 June 6, 2001 - PEOPLE OF THE PHIL. v. NESTOR MACANDOG, ET AL.

  • G.R. No. 138949 June 6, 2001 - UNION BANK OF THE PHIL. v. SEC

  • G.R. No. 138971 June 6, 2001 - PEZA v. RUMOLDO R FERNANDEZ

  • G.R. No. 139034 June 6, 2001 - DEVELOPMENT BANK OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 139323 June 6, 2001 - PEOPLE OF THE PHIL. v. CARLO ELLASOS, ET AL.

  • G.R. No. 140128 June 6, 2001 - ARNOLD P. MOLLANEDA v. LEONIDA C. UMACOB

  • G.R. No. 140277 June 6, 2001 - PEOPLE OF THE PHIL v. GUILLERMO BALDAGO, ET AL.

  • G.R. No. 141529 June 6, 2001 - FRANCISCO YAP, JR. v. COURT OF APPEALS, ET AL.

  • G.R. No. 142888 June 6, 2001 - EVELIO P. BARATA v. BENJAMIN ABALOS JR.

  • G.R. No. 143561 June 6, 2001 - JONATHAN D. CARIAGA v. COURT OF APPEALS, ET AL.

  • G.R. No. 110335 June 18, 2001 - IGNACIO GONZALES, ET AL. v. COURT OF APPEALS, ET AL.

  • A.M. No. RTJ-01-1615 June 19, 2001 - WINNIE BAJET v. PEDRO M. AREOLA

  • A.M. No. RTJ-01-1633 June 19, 2001 - ANTONIO and ELSA FORTUNA v. MA. NIMFA PENACO-SITACA, ET AL.

  • G.R. No. 99433 June 19, 2001 - PROJECT BUILDERS, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 114944 June 19, 2001 - MANUEL C. ROXAS, ET AL. v. CONRADO M. VASQUEZ, ET AL.

  • G.R. No. 120701 June 19, 2001 - PEOPLE OF THE PHIL. v. JONATHAN CRISANTO

  • G.R. No. 123916 June 19, 2001 - PEOPLE OF THE PHIL. v. LYNTON ASUNCION

  • G.R. No. 130605 June 19, 2001 - PEOPLE OF THE PHIL. v. FELIX UGANAP, ET AL.

  • G.R. No. 132160 June 19, 2001 - PEOPLE OF THE PHIL. v. MARIO DE LEON, ET AL.

  • G.R. No. 132223 June 19, 2001 - BONIFACIA P. VANCIL v. HELEN G. BELMES

  • G.R. No. 134895 June 19, 2001 - STA. LUCIA REALTY and DEV’T., ET AL. v. LETICIA CABRIGAS, ET AL.

  • G.R. No. 137164 June 19, 2001 - PEOPLE OF THE PHIL. v. ALBERT NUBLA

  • G.R. No. 137752 June 19, 2001 - PEOPLE OF THE PHIL. v. ROBERT AYUNGON

  • G.R. Nos. 138298 & 138982 June 19, 2001 - RAOUL B. DEL MAR v. PAGCOR, ET AL.

  • G.R. No. 139313 June 19, 2001 - PEOPLE OF THE PHIL. v. FLORANTE LEAL

  • G.R. No. 140690 June 19, 2001 - PEOPLE OF THE PHIL. v. NAZAR U. CHAVEZ

  • G.R. No. 141441 June 19, 2001 - JOSE SUAN v. NLRC, ET AL.

  • A.M. No. 00-10-230-MTCC June 20, 2001 - RE: JULIAN C. OCAMPO III AND RENATO C. SAN JUAN

  • A.M. No. 00-11-521-RTC June 20, 2001 - RE: AWOL OF MS. LILIAN B. BANTOG

  • A.M. No. P-99-1346 June 20, 2001 - RESTITUTO L. CASTRO v. CARLOS BAGUE

  • A.M. No. RTJ-00-1606 June 20, 2001 - PATRIA MAQUIRAN v. LILIA G. LOPEZ

  • G.R. No. 84831 June 20, 2001 - PACENCIO ABEJARON v. FELIX NABASA, ET AL.

  • G.R. No. 109666 June 20, 2001 - ROGERIO R. OLAGUER, ET AL. v. EUFEMIO DOMINGO, ET AL.

  • G.R. No. 113564 June 20, 2001 - INOCENCIA YU DINO v. COURT OF APPEALS, ET AL.

  • G.R. No. 115851 June 20, 2001 - LA JOLLA v. COURT OF APPEALS, ET AL.

  • G.R. No. 127129 June 20, 2001 - PEOPLE OF THE PHIL. v. ROLANDO CABAYA, ET AL.

  • G.R. No. 128617 June 20, 2001 - PEOPLE OF THE PHIL. v. CESAR BACUS

  • G.R. Nos. 129292-93 June 20, 2001 - PEOPLE OF THE PHIL. v. ARLENGEN DEGALA

  • G.R. No. 130524 June 20, 2001 - PEOPLE OF THE PHIL. v. RUDY MADIA

  • G.R. No. 131036 June 20, 2001 - PEOPLE OF THE PHIL. v. DONATO DEL ROSARIO

  • G.R. Nos. 135976-80 June 20, 2001 - PEOPLE OF THE PHIL. v. CLAUDIO GALENO

  • G.R. No. 138629 June 20, 2001 - PEOPLE OF THE PHIL. v. RAMON CAMACHO

  • G.R. No. 139430 June 20, 2001 - EDI STAFF BUILDERS INTERNATIONAL v. FERMINA D. MAGSINO

  • G.R. Nos. 139445-46 June 20, 2001 - PEOPLE OF THE PHIL. v. RODRIGO GONZALES

  • G.R. No. 142304 June 20, 2001 - CITY OF MANILA v. OSCAR SERRANO, ET AL.

  • A.M. No. MTJ-01-1342 June 21, 2001 - BISHOP CRISOSTOMO A. YALUNG, ET AL. v. ENRIQUE M. PASCUA

  • G.R. No. 108558 June 21, 2001 - ANDREA TABUSO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 109197 June 21, 2001 - JAYME C. UY, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 111580 & 114802 June 21, 2001 - SHANGRI-LA INTERNATIONAL HOTEL MNGT. LTD. ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 116200-02 June 21, 2001 - PEOPLE OF THE PHIL. v. ELEUTERIO TAN, ET AL.

  • G.R. No. 131131 June 21, 2001 - PEOPLE OF THE PHIL. v. ABELARDO SALONGA

  • G.R. No. 134138 June 21, 2001 - PEOPLE OF THE PHIL. v. EDMUNDO BRIONES AYTALIN

  • G.R. Nos. 135552-53 June 21, 2001 - PEOPLE OF THE PHIL. v. ABEL ABACIA, ET AL.

  • G.R. No. 139542 June 21, 2001 - PEOPLE OF THE PHIL. v. INOCENCIO GONZALEZ

  • G.R. No. 140206 June 21, 2001 - PEOPLE OF THE PHIL. v. RODOLFO MATYAONG

  • G.R. No. 142023 June 21, 2001 - SANNY B. GINETE v. SUNRISE MANNING AGENCY, ET AL.

  • G.R. No. 103068 June 22, 2001 - MEAT PACKING CORP. OF THE PHIL. v. SANDIGANBAYAN, ET AL.

  • A.M. No. MTJ-96-1110 June 25, 2001 - MANUEL N. MAMBA, ET AL. v. DOMINADOR L. GARCIA

  • G.R. No. 116710 June 25, 2001 - DANILO D. MENDOZA v. COURT OF APPEALS, ET AL.

  • G.R. No. 117857 June 25, 2001 - LUIS S. WONG v. COURT OF APPEALS, ET AL.

  • G.R. No. 128126 June 25, 2001 - PEOPLE OF THE PHIL. v. RAFAEL M. CATAPANG

  • G.R. No. 132051 June 25, 2001 - TALA REALTY SERVICES CORP. v. BANCO FILIPINO SAVINGS AND MORTGAGE BANK

  • G.R. No. 134068 June 25, 2001 - UNION BANK OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 136221 June 25, 2001 - EQUATORIAL REALTY DEVELOPMENT v. MAYFAIR THEATER

  • G.R. No. 136382 June 25, 2001 - PEOPLE OF THE PHIL. v. FIDEL ALBORIDA

  • G.R. Nos. 138439-41 June 25, 2001 - PEOPLE OF THE PHIL. v. MARIO PANGANIBAN

  • G.R. No. 141141 June 25, 2001 - PAGCOR v. CARLOS P. RILLORAZA

  • G.R. No. 141801 June 25, 2001 - SOLOMON ALVAREZ v. COURT OF APPEALS

  • G.R. No. 143428 June 25, 2001 - SANDOVAL SHIPYARDS, ET AL. v. PRISCO PEPITO, ET AL.

  • A.M. No. 99-11-423-RTC June 26, 2001 - RE: Report on the Judicial Audit Conducted in the Regional Trial Court

  • A.M. No. RTJ-99-1461 June 26, 2001 - RICARDO DELA CRUZ v. HERMINIA M. PASCUA

  • A.M. No. RTJ-99-1486 June 26, 2001 - OFFICE OF THE COURT ADMINISTRATOR v. ISMAEL SANCHEZ

  • G.R. Nos. 110547-50 & 114526-667 June 26, 2001 - JOSE SAYSON v. SANDIGANBAYAN ET AL.

  • G.R. No. 120859 June 26, 2001 - METROPOLITAN BANK AND TRUST COMPANY v. FRANCISCO Y. WONG

  • G.R. No. 123542 June 26, 2001 - PEOPLE OF THE PHIL. v. ROGELIO BULOS

  • G.R. Nos. 132848-49 June 26, 2001 - PHILROCK v. CONSTRUCTION INDUSTRY ARBITRATION COMMISSION, ET AL.

  • G.R. No. 133990 June 26, 2001 - PEOPLE OF THE PHIL. v. HECTOR MARIANO

  • G.R. No. 134764 June 26, 2001 - PEOPLE OF THE PHIL v. BENJAMIN FABIA

  • G.R. Nos. 139626-27 June 26, 2001 - PEOPLE OF THE PHIL. v. DOMINGO DELA CRUZ

  • G.R. No. 143204 June 26, 2001 - HYATT TAXI SERVICES INC. v. RUSTOM M. CATINOY

  • G.R. Nos. 147589 & 147613 June 26, 2001 - ANG BAGONG BAYANI-OFW LABOR PARTY, ET AL. v. COMELEC, ET AL.

  • G.R. No. 130661 June 27, 2001 - PEOPLE OF THE PHIL. v. DANILO I. TORRES, ET AL.

  • G.R. No. 135882 June 27, 2001 - LOURDES T. MARQUEZ v. ANIANO A. DESIERTO, ET AL.

  • G.R. No. 140001 June 27, 2001 - PEOPLE OF THE PHIL. v. EDUARDO BUENAFLOR

  • A.C. No. 3910 June 28, 2001 - JOSE S. DUCAT v. ARSENIO C. VILLALON, ET AL.

  • A.C. No. 4073 June 28, 2001 - ARACELI SIPIN-NABOR v. BENJAMIN BATERINA

  • A.M. No. P-01-1480 June 28, 2001.

    AMADO S. CAGUIOA v. CRISANTO FLORA

  • A.M. No. P-99-1343 June 28, 2001 - ORLANDO T. MENDOZA v. ROSBERT M. TUQUERO, ET AL.

  • A.M. No. RTJ-00-1576 June 28, 2001 - SIMPLICIO ALIB v. EMMA C. LABAYEN

  • G.R. No. 105364 June 28, 2001 - PHIL. VETERANS BANK EMPLOYEES UNION-N.U.B.E., ET AL. v. BENJAMIN VEGA, ET AL.

  • G.R. No. 110813 June 28, 2001 - PEOPLE OF THE PHIL. v. ERNESTO PARDUA, ET AL.

  • G.R. No. 110914 June 28, 2001 - ALFREDO CANUTO; JR., ET AL. v. NLRC, ET AL.

  • G.R. Nos. 112453-56 June 28, 2001 - PEOPLE OF THE PHIL. v. GERARDO LATUPAN

  • G.R. Nos. 112563 & 110647 June 28, 2001 - HEIRS OF KISHINCHAND HIRANAND DIALDAS v. COURT OF APPEALS, ET AL.

  • G.R. No. 120630 June 28, 2001 - PEOPLE OF THE PHIL. v. MARCELO PALERMO

  • G.R. No. 131954 June 28, 2001 - ASELA B. MONTECILLO, ET AL v. CIVIL SERVICE COMMISSION

  • G.R. Nos. 132026-27 June 28, 2001 - PEOPLE OF THE PHIL. v. MARIO ABENDAN, ET AL.

  • G.R. No. 132362 June 28, 2001 - PIO BARRETTO REALTY DEV’T. CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 132837 June 28, 2001 - JO CINEMA CORP., ET AL. v. LOLITA C. ABELLANA, ET AL.

  • G.R. No. 133605 June 28, 2001 - PEOPLE OF THE PHIL. v. BENJAMIN BARRIAS

  • G.R. No. 135846 June 28, 2001 - PEOPLE OF THE PHIL v. NOEL ORTEGA

  • G.R. No. 138270 June 28, 2001 - SEA POWER SHIPPING ENTERPRISES INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 142314 June 28, 2001 - MC ENGINEERING, ET AL. v. NLRC, ET AL.

  • G.R. No. 143723 June 28, 2001 - LITONJUA GROUP OF CO.’s., ET AL. v. TERESITA VIGAN

  • G.R. No. 144113 June 28, 2001 - EDWEL MAANDAL v. PEOPLE OF THE PHIL

  • G.R. No. 144942 June 28, 2001 - COMMISSIONER OF INTERNAL REVENUE v. LA SUERTE CIGAR.

  • G.R. No. 146062 June 28, 2001 - SANTIAGO ESLABAN v. CLARITA VDA. DE ONORIO

  • A.M. No. 00 4-166-RTC June 29, 2001 - Re: Report on the Judicial Audit

  • A.M. No. 01-4-03-SC June 29, 2001 - HERNANDO PEREZ, ET AL. v. JOSEPH E. ESTRADA, ET AL.

  • A.M. No. P-00-1380 June 29, 2001 - GLORIA O. DINO v. FRANCISCO DUMUKMAT

  • G.R. No. 110480 June 29, 2001 - BANGKO SILANGAN DEVELOPMENT BANK v. COURT OF APPEALS, ET AL.

  • G.R. No. 111860 June 29, 2001 - PEOPLE OF THE PHIL. v. JESUS CLEDORO

  • G.R. No. 116092 June 29, 2001 - SUSANA VDA. DE COCHINGYAN, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 118251 June 29, 2001 - METROPOLITAN BANK AND TRUST COMPANY v. REGINO T. VERIDIANO II, ET AL.

  • G.R. No. 121597 June 29, 2001 - PHIL. NATIONAL BANK v. COURT OF APPEALS, ET AL.

  • G.R. No. 125944 June 29, 2001 - DANILO SOLANGON, ET AL. v. JOSE AVELINO SALAZAR

  • G.R. No. 126396 June 29, 2001 - PEOPLE OF THE PHIL v. FELIXBERTO LAO-AS

  • G.R. No. 128705 June 29, 2001 - CONRADO AGUILAR v. COMMERCIAL SAVINGS BANK, ET AL.

  • G.R. No. 129782 June 29, 2001 - PEOPLE OF THE PHIL. v. BALWINDER SINGH, ET AL.

  • G.R. No. 131968 June 29, 2001 - ERNESTO PENGSON, ET AL v. MIGUEL OCAMPO, ET AL.

  • G.R. No. 132059 June 29, 2001 - PEOPLE OF THE PHIL. v. WENEFREDO DIMSON ASOY

  • G.R. No. 138598 June 29, 2001 - ASSET PRIVATIZATION TRUST v. SANDIGANBAYAN, ET AL.

  • G.R. No. 144542 June 29, 2001 - FRANCISCO DELA PEÑA, ET AL v. SANDIGANBAYAN, ET AL.

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    A.M. No. 99-11-423-RTC   June 26, 2001 - RE: Report on the Judicial Audit Conducted in the Regional Trial Court

     
    PHILIPPINE SUPREME COURT DECISIONS

    THIRD DIVISION

    [A.M. No. 99-11-423-RTC. June 26, 2001.]

    RE: Report on the Judicial Audit Conducted in the Regional Trial Court, Branches 87 and 98, Quezon City.

    D E C I S I O N


    SANDOVAL-GUTIERREZ, J.:


    On September 15 to 17, 1999, the Office of the Court Administrator (OCA) conducted an audit and physical inventory of pending cases in Branches 87 and 98 of the Regional Trial Court of Quezon City. For Branch 87, the audit team reported to the Chief Justice that "Presiding Judge Elsie Ligot-Telan retired on September 6, 1999 with some undecided cases but still within the reglementary period when she retired." chanrob1es virtua1 1aw 1ibrary

    However, in Branch 98 presided by Judge Justo M. Sultan, the audit team found that thirty-five (35) cases submitted for decision "were beyond the prescribed period."cralaw virtua1aw library

    In a Decision promulgated on August 16, 2000, this Court found Judge Justo M. Sultan, retired and last assigned at RTC, Branch 98, Quezon City, administratively liable for failure to decide those 35 1 cases within the prescribed period and to submit the required periodic inventory of cases. He was fined Twenty Thousand (P20,000.00) Pesos.

    However, the administrative liability of Atty. Reynaldo M. Elcano, the branch clerk of court in the same branch, was not passed upon by this Court in its Decision of August 16, 2000.

    Earlier or on June 7, 2000, as recommended 2 by then Court Administrator Alfredo Benipayo, this Court directed Atty. Elcano to explain why the 35 cases submitted for decision, but have remained undecided within the reglementary period, were reported only in the Monthly Report of Cases for the months of September and October 1999.

    In his explanation dated July 21, 2000, Atty. Elcano stated that it was only when the audit was conducted by the OCA that those cases were found in the chambers of Judge Sultan; and that being a mere subordinate employee, he has to comply with the judge’s wish that those cases be kept in his chambers.

    On July 31, 2000, his explanation was referred to the OCA for evaluation, report and recommendation.

    In its report dated October 11, 2000, the OCA found Atty. Elcano administratively liable for his failure to satisfactorily explain why the thirty-five (35) cases submitted for decision were included only in the Monthly Report of Cases for the months of September and October 1999. Thus:jgc:chanrobles.com.ph

    "In the first place, the explanation that the subject cases were included in the monthly report only for September and October because it was only during the judicial audit that they were found in the chambers of Judge Sultan, is a lame excuse and is inconsistent with Elcano’s earlier statement that only the records of cases with complete stenographic notes — numbering 14 3 — were with Judge Sultan. Following this line of reasoning, the logical conclusion is that the records of the remaining nineteen (19) cases were with Clerk of Court Elcano. There is thus no reason why they should not be included in the monthly report of cases prior to September and October.

    In A.M. No. 96-11-402-RTC, Re: Report on the Judicial Audit Conducted in the Regional Trial Court, Branch 27, Naga City, (278 SCRA 8 [1997]), this Court held that erroneous statistical accomplishment of the monthly report is equivalent to the submission of inaccurate reports and the failure of the Clerk of Court to make proper entries is a ground for disciplinary action against such clerk.

    In addition, Atty. Elcano’s act of not keeping the records of the cases in his office and allowing said records to be kept in the chambers of the Judge without any written proof, such as a receipt, showing that these were properly taken from the former’s custody, violates Section 7, Rule 136 of the Rules of Court, which provides that: ‘(t)he clerk shall safely keep all records, papers, files, exhibits and public property committed to his charge . . . .’chanrob1es virtua1 1aw 1ibrary

    As the Branch Clerk of Court of RTC, Branch 98, Quezon City, Atty. Elcano must realize that his administrative functions are vital to the prompt and proper administration of justice. Being charged with the efficient recording, filing and management of court records, he plays a key role in the complement of the court. He should have, therefore, ensured that the records of each case in his office are duly accounted for. His failure to do so makes him administratively liable."cralaw virtua1aw library

    The OCA recommended that a fine of five thousand (P5,000.00) pesos be imposed upon Atty. Elcano.

    We are in accord with the OCA’s recommendation.

    For failure to report, in the Monthly Report of Cases, the cases submitted for decision but remain undecided beyond the reglementary period, Atty. Elcano violated this Court’s Circular No. 25-92 addressed to all judges, clerks of court and branch clerks of court, partly quoted as follows:jgc:chanrobles.com.ph

    "All cases submitted for decision but remain undecided at the end of the month, whether they are inherited or current cases, must be duly reported. If there are no cases submitted for decision, you are directed to indicate ‘None’."cralaw virtua1aw library

    In Re: Report on the Judicial Audit Conducted in the Regional Trial Court, Branch 27, Naga City, 4 this Court held:jgc:chanrobles.com.ph

    "One of the basic responsibilities of a Branch Clerk of Court is the preparation of the official Monthly Report of Cases to be submitted to the Supreme Court. Erroneous statistical accomplishment of the monthly report thus required is equivalent to the submission of inaccurate reports and the failure of the clerk of court to make proper entries is a ground for disciplinary action against such clerk.

    Even if there are no orders declaring the submission of cases for judgment of the court, a clerk of court is neither precluded nor excused from accurately accomplishing SC Form No. 01. We have laid down in Circular No. 25-92 that all cases submitted for decision but which remain undecided at the end of the month must be duly reported. It is only where there are no cases submitted for decision that clerks are allowed to enter ‘none’."cralaw virtua1aw library

    Corollarily, the duty of conducting docket inventory of submitted cases is not the sole responsibility of the judge. Pursuant to this Court’s Administrative Circular No. 10-94, the branch clerk of court shares with the presiding judge the responsibility of making a physical inventory of cases. He is tasked to post at the end of each month the list of cases submitted for decision at the conspicuous place on the door of the session hall to be available for inspection by representatives of this Court and interested parties. In Office of the Court Administrator v. Quiñanola, 5 this Court ruled:chanrob1es virtua1 1aw 1ibrary

    "Although the responsibility of making a physical inventory of cases primarily rests in the presiding judge, it is shared with the court staff, and a branch clerk of court should take steps to meet the requirements of AC 10-94."cralaw virtua1aw library

    As correctly observed by the OCA, 19 of the subject cases submitted for decision were in possession of Atty. Elcano and that the cases with complete transcript of stenographic notes were inside the judge’s chambers. Surprisingly, Atty. Elcano did not report those cases in the Monthly Report of Cases he submitted before the audit. Apparently, he did not conduct docket inventory and monthly posting of list of submitted cases required by Administrative Circular No. 10-94. Had he done so, he should have properly included the subject cases in the Monthly Report of Cases.

    As to the records inside the chambers of Judge Sultan which were "unearthed" by the audit team, Atty. Elcano contravened Sections 7 and 14 of Rule 136 of the Revised Rules of Court quoted as follows:jgc:chanrobles.com.ph

    "SECTION 7. Safekeeping of property. — The Clerk shall safely keep all records, papers, files, exhibits and public property committed to his charge, including the library of the court, and the seals and furniture belonging to his office."cralaw virtua1aw library

    "SECTION 14. Taking of record from the clerk’s office. — No record shall be taken from the clerk’s office without an order of the court except as otherwise provided by these rules. However, the Solicitor General or any of his assistants, the provincial fiscal or his deputy, and the attorneys de oficio shall be permitted, upon proper receipt, to withdraw from the clerk’s office the record of any cases in which they are interested."cralaw virtua1aw library

    In Re: Report on the Judicial Audit, RTC Brs. 4 and 23, Manila, 6 this Court held that a branch clerk of court, in not keeping the records of the cases or allowing the records to be kept in the chambers of the Judge without any written proof, such as a receipt, showing that these were properly taken from the former’s custody, violates Section 7 of Rule 136 of the Rules of Court.

    As branch clerk of court, Atty. Elcano’s duties include conducting periodic docket inventory and ensuring that the records of each case are accounted for. It is likewise his duty to initiate and cause the search of missing records. It is incumbent upon him to ensure an orderly and efficient record management in the court. His failure to include in the Monthly Report of Cases the subject cases submitted for decision, but have remained undecided within the prescribed period, constitutes manifest inefficiency which cannot be countenanced.

    And in Neeland v. Villanueva, 7 this Court set the standard of responsibility of court employees:jgc:chanrobles.com.ph

    "Time and again, we have said that the ‘conduct and behavior of every one connected with an office charged with the dispensation of justice, from the presiding judge to the lowest clerk, should be circumscribed with the heavy burden of responsibility. . . .’"

    WHEREFORE, this Court finds Atty. Reynaldo M. Elcano, branch clerk of court, Branch 98, RTC of Quezon City, administratively liable for inefficiency and is FINED in the amount of five thousand (P5,000.00).chanrob1es virtua1 1aw 1ibrary

    SO ORDERED.

    Melo, Vitug, Panganiban and Gonzaga-Reyes, JJ., concur.

    Endnotes:



    1. Two (2) cases already decided were inadvertently included.

    2. Vide: Memorandum of the OCA to the Chief Justice, dated March 24, 2000.

    3. 14 instead of 16 because two (2) cases already decided were inadvertently included among the 35 cases reported submitted for decision but remain undecided.

    4. 278 SCRA 8 [1997].

    5. A.M. No. MTJ-99-1216, 317 SCRA 37 [1999].

    6. A.M. No. 97-3-85-RTC, 291 SCRA 10 [1998].

    7. A.M. No. P-99-1316, 317 SCRA 652 [1999]; cf.: Samonte v. Gatdula, 303 SCRA 756 [1999].

    A.M. No. 99-11-423-RTC   June 26, 2001 - RE: Report on the Judicial Audit Conducted in the Regional Trial Court


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