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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
 

   
July-2009 Jurisprudence                 

  • A.C. No. 6121 - TRINIDAD H. CAMARA, ET AL. v. ATTY. OSCAR AMONDY REYES

  • A.C. No. 7199 Formerly CBD 04-1386 - Foodsphere, Inc. v. Atty. Melanio L. Mauricio, Jr.

  • A.C. No. 7815 - Dolores C. Belleza v. Atty. Alan S. Macasa

  • A.C. No. 8243 - Rolando B. Pacana, Jr. v. Atty. Maricel Pascual-Lopez

  • A.C. No. 8252 - Natividad Uy v. Atty. Braulio RG Tansisin

  • A.M. No. 02-8-207-MTCC - Re: Report on the Judicial Audit Conducted in the Municipal Trial Court in Cities, Branch 2, Cagayan De Oro City

  • A.M. No. 03-7-170-MCTC - Re: Report on the Judicial Audit in Municipal Circuit Trial Court, Jiminez-Sinacaban, Misamis Occidental/ Judge Pricilla Hernandez

  • A.M. No. 08-3-73-MeTC - Re: Report on the Judicial Audit Conducted at the Metropolitan Trial Court, Branch 55, Malabon City

  • A.M. No. 08-4-4-SC - Re: Request of the Police Director General Avelino I. Razon for authority to delegate the endorsement of application for search warrant

  • A.M. No. 2008-24-SC - Re: Fighting incident between two(2) SC shutle bus drivers, namely, Messrs. Edilbert L. Idulsa and Ross C. Romero

  • A.M. No. MTJ-06-1651 - Prosecutor Robert M. Visbal v. Judge Wenceslao B. Vanilla, MTCC, Br. 2, Tacloban City

  • A.M. No. MTJ-08-1709 Formerly A.M. OCA IPI No. 02-1225-MTJ - Lanie Cervantes v. Judge Heriberto M. Pangilinan, and Clerk of Court III Carmencita P. Baloco, etc.

  • A.M. No. P-03-1677 & A.M. No. P-07-2317 - Liberty M. Toledo v. Liza Perez, Court Stenographer III, Office of the Clerk of Court, RTC, Manila

  • A.M. No. P-06-2212 - Geronimo Francisco v. Sebastian Bolivar, etc.

  • A.M. No. P-06-2217 Formerly OCA IPI No. 06-2375-P - Concerned Employees of the Municipal Trial Court of Meycauayan, Bulacan v. Larizza Paguio-Bacani, Branch COC II, MTC, Meycauayan, Bulacan

  • A.M. No. P-06-2219 Formerly A.M. No. 06-7-392-RTC - Office of the Court Administrator v. Officer-in-charge and Legal Researcher Nilda Cinco, RTC, Br. 28, Catbalogan, Samar

  • A.M. No. P-06-2245 Formerly OCA IPI NO. 06-2373-P and A.M. NO. MTJ-09-1741 Formerly OCA IPI No. 06-1853-MTJ : July 31, 2009 - Judge Jaime L. Dojillo, Jr. v. Concepcion Z. Ching, etc.

  • A.M. No. P-08-2578 Formerly OCA I.P.I. No. 08-2924-P - Gaspar R. Dutosme v. Atty. Rey D. Caayona

  • A.M. No. P-09-2644 Formerly OCA IPI No. 08-2787-P - Edgardo A. Quilo v. Rogelio G. Jundarino, Sheriff III, Metropolitan Trail Court, Branch 19, Manila

  • A.M. No. P-08-2132 Formerly A.M. OCA IPI No. 07-2549-RTJ - Atty. Florencio Alay Binalay v. Judge Elias O. Lelina, Jr.

  • A.M. No. RTJ-08-2158 Formerly OCA IPI No. 04-2018-RTJ - Alfredo Favor v. Judge Cesar O. Untalan, RTC, Branch 149, Makati City

  • A.M. No. RTJ-09-2175 - Venancio Inonog v. Judge Francisco B. Ibay, Presiding Judge, Regional Trial Court, Branch 135, Makati City

  • A.M. No. RTJ-09-2183 Formerly A.M. OCA IPI No. 05-2346-RTJ - Concerned Lawyers of Bulacan v. Presiding Judge Pornillos, RTC Br. 10, Malolos City.

  • A.M. No. RTJ-09-2186 Formerly A.M. OCA-IPI No. 03-1893-RTJ and A.M. No. RTJ-09-2187 Formerly A.M. OCA IPI No. 04-1993-RTJ - Atty. Nelson T. Antolin, et al. v. Judge Alex L. Quiroz, et al.

  • G.R. No. 141888 - Melba Rose R. Sasot v. Amado Yuson, et al.

  • G.R. No. 147957 - Privatization Management Office v. Legaspi Towers 300, Inc.

  • G.R. No. 148600 - Atty. Emmanuel Pontejos v. Hon. Aniano Desierto and Restituto Aquino

  • G.R. No. 149763 - Eduardo J. Mari o, Jr. et al. v. Gil Y. Gamilla, et al.

  • G.R. No. 150228 - Bank of America NT & SA v. Philippine Racing Club

  • G.R. No. 151424 - Eagle Realty Corporation v. Republic of the Philippines, etc., et al.

  • G.R. No. 151973 - National Power Corporation v. Sps. Lorenzo L. Laohoo, et al.

  • G.R. No. 152263 - Arthur Zarate v. Regional Trial Court, Br. Gingoog City, Misamis Oriental

  • G.R. No. 152496 - Sps. German Anunciacion, et al. v. Perpetua M. Bocanegra, et al.

  • G.R. No. 155491 - Smart Communications, Inc., v. The City of Davao, represented by its Mayor Hon. Rodrigo Duterte and the Sangguniang Panlunsod of Davao City

  • G.R. No. 156946 - Secretary of Finance v. Oro Maura Shipping Lines

  • G.R. No. 157607 - Land Bank of the Philippines v. Rowena O. Paden

  • G.R. No. 159131 - Heirs of Toribio Waga, represented by Merba A. Waga v. Isabelo Sacabin

  • G.R. No. 159358 - Eureka Personnel and Management Corp., and Nari K. Gidwani v. The Hon. National Labor Relations Commission, et al.

  • G.R. No. 159624 - Cebu Mactan Members Center, Inc. v. Masahiro Tsukahara

  • G.R. NOS. 160243-52 - Romeo D. Lonzanida v. People of the Philippines

  • G.R. No. 160265 - Nely T. Co. v. People of the Philippines, et al.

  • G.R. No. 160380 - Sps. Eduardo & Leticia Monta o v. Rosalina Francisco, et al

  • G.R. No. 160772 - Hilario P. Soriano v. Ombudsman Simeon V. Marcelo, et al.

  • G.R. No. 161051 - Compania General de Tabacos De Filipinas and La Flor De La Isabela, inc. v. Hon. Virgilio A. Sevandal, et al.

  • G.R. No. 161062 - Republic of the Philippines v. Ferventino U, Tango

  • G.R. No. 161238 - Heirs of Jose G. Santiago, namely: Julia G. Santiago, et al. v. Aurea G. Santiago, et al.

  • G.R. No. 161748 - Spouses Francisco and Betty Wong and Spouses Joaquin and Lolita Wong v. City of Iloilo, et al.

  • G.R. No. 162074 - Cecilleville Realty and Service Corporation v. Spouses Tito Acu a, et al.

  • G.R. No. 162540 - Gemma T. Jacinto v. People of the Philippines

  • G.R. No. 162721 - Petronila Maylem v. Carmelita Ellano and Antonia Morciento

  • G.R. No. 162738 - Sps. Elizabeth S. Tagle Ernesto R. Tagle v. Hon. Court of Appeals, RTC, Quezon City, Branch 97, Sps. Federico and Rosamyrna Carandang and Shriff Carol Bulacan

  • G.R. No. 162836 - Cerefina Argallon-Jocson and Rodolfo Tuising v. Maria Cristina Fertilizer Corporation and/or Marcelo Steel Corporation

  • G.R. No. 164244 - National Housing Authority v. Reynaldo Magat

  • G.R. No. 164315 - Alcatel Philippines, Inc. v. Rene R. Relos

  • G.R. No. 164560 - Ana De Guia San Pedro, et al. v. Hon. Fatima G. Asdala (etc.), et al.

  • G.R. No. 164800 - Republic of the Philippines v. Estate of Alfonso Lim, Sr., et al.

  • G.R. No. 164817 - Digna A. Najera v. Eduardo J. Najera

  • G.R. No. 164968 - Gloria Ocampo, et al. v. Land Bank of the Philippines, et al.

  • G.R. No. 165448 - Ernesto Aquino v. People of the Philippines

  • G.R. No. 165568 - Government Service Insurance System v. Abraham Lopez

  • G.R. No. 165678 - Rosario Panuncio v. People of the Philippines

  • G.R. No. 165907 - Spouses Dominador R. Narvaez and Lilia W. Narvaez v. Spouses Rose Ogas Alciso and Antonio Alciso

  • G.R. No. 166198 - Marcelino A. Magdadaro v. Philippine National Bank

  • G.R. No. 166553 - Republic of the Philippines, represented by the National Power Corporation v. Sps. Ruperto and Sonia S. Libuano, et al.

  • G.R. No. 166640 - Herminio Mariano, Jr. v. Ildefonso C. Callejas and Edgar De Borja

  • G.R. No. 166705 - Mantle Trading Services, Incorporated and/or Bobby Del Rosario v. National Labor Relations Commission and Pablo S. Madriaga

  • G.R. No. 166734 - Mandy Commodities Co., Inc. v. The International Commercial Bank of China

  • G.R. No. 166988 - Heirs of Emiliano San Pedro, etc. v. Pablito Garcia and Jose Calderon

  • G.R. No. 167232 - D.B.T. Mar-Bay Construction Incorporated v. Ricaredo Panes, et al.

  • G.R. No. 167546 - Sonny Romero y Dominguez v. People of the Philippines

  • G.R. No. 167809 - Land Bank of the Philippines v. Josefina R. Dumlao, et al.

  • G.R. No. 168406 - Club Filipino, Inc. and Atty. Roberto F. De Leon v. Benjamin Bautista, et al.

  • G.R. No. 169519 - Irenorio B. Balaba v. People of the Philippines

  • G.R. No. 169700 - In the Matter of the Allowance of the Will of Moises F. Banayad Apolonia Banayad Frianela v. Servillano Banayad, Jr.

  • G.R. No. 169878 - People of the Philippines v. Jesus Obero

  • G.R. No. 170014 - Renita Del Rosario, et al. v. Makati Cinema Square Corporation

  • G.R. No. 170472 - People of the Philippines v. Jojo Musa y Santos, et al.

  • G.R. NOS. 170615-16 - The Repuclic of the Philippines, represented by the Office of the Ombudsman, Ma. Merceditas N. Gutierrez, in her capacity as the Ombudsman v. Rufino V. Maijares, Roberto G. Ferrera, Alfredo M. Ruba and Romeo Querubin.

  • G.R. No. 171275 - Victor Meteoro, et al. v. Creative Creatures, Inc.

  • G.R. No. 171386 - Gloria R. Motos and Martin Motos v. Real Bank (A Thrift Bank), Inc.

  • G.R. No. 171586 - National Power Corporation v. Province of Quezon and Municipality of Pabgilao

  • G.R. No. 171655 - People of the Philippines v. Pablo L. Estacio, Jr. and Maritess Ang

  • G.R. No. 171842 - Gloria S. Dy v. Mandy Commodities Co., Inc.

  • G.R. No. 171968 - XYST Corporation v. DMC Urban Properties Development, Inc., Fe Aurora C. Castro (Intervenor)

  • G.R. No. 172174 - Davao Contractors Development Cooperative (DACODECO), represented by Chairman of the Board Engr. L. Chavez v. Marilyn A. Pasawa.

  • G.R. No. 172212 - Rafael Rondina v. Court of Appeals formet special 19th Division, unicraft Industries International Corp., Inc. Robert Dino, Cristina Dino, Michael Lloyd Dino, Allan Dino and Mylene June Dino.

  • G.R. No. 172342 - LWV Construction Corporation v. Marcelo B. Dupo

  • G.R. No. 172574 - Noli Lim v. Angelito Delos Santos, etc., Denia R. Adoyo, et al., (Intervenors) Gloria Murillo, et al., (Protestants)

  • G.R. No. 172640 - Victoriano Dela Pe a, et al. v. Spouses Vicente Alonzo, et al.

  • G.R. No. 172796 - Sps. Artemio and Esperanza Aduan v. Levi Chong

  • G.R. No. 173252 - Unisource Commercial and Development Corporation v. Joseph Chung, et al.

  • G.R. No. 173654-765 - People of the Philippines v. Teresita Puig and Romeo Porras

  • G.R. No. 174154 - Jesus Cuenco v. Talisay Tourist Sprots Complex, Incorporated and Matias B. Aznar III

  • G.R. No. 174238 - Anita Cheng v. Souses William and Tessie Sy

  • G.R. No. 174364 - Northwest Airlines v. Delfin S. Catapang

  • G.R. No. 174370 - People of the Philippines v. Willy Mardo Ganoy y Mamayabay

  • G.R. No. 174610 - Soriamont Steamship Agencies, Inc., et al. v. Sprint Transport Services, inc. etc.

  • G.R. No. 174803 - Marywin Albano-Sales v. Mayor Reynolan T. Sales and Court of Appeals

  • G.R. No. 174830 - Isabelita Vda. De Dayao and Heirs of Vicente Dayao v. Heirs of Gavino Robles, namely: Placida vda. De Robles, et al.

  • G.R. No. 174986, G.R. NO. 175071 and G.R. NO. 181415 - Armand O. Raquel-Santos, et al. v. Court of Appeals, et al.

  • G.R. No. 175352 - Dante Liban, et al. v. Richard J. Gordon

  • G.R. No. 175551 - Republic of the Philippines represented by the Manila International Airport Authority (MIAA) v. Hon. Francisco G. Mendioal, etc.

  • G.R. No. 175677 and G.R. NO. 177133 - Spouses Azucena B. Corpuz and Renato S. Corpuz v. Citibank, N.A. et al.

  • G.R. No. 175910 - Atty. Rogelio E. Sarsaba v. Fe vda De Te, represented by her Attorney-in-Fact Faustino Casta eda

  • G.R. No. 177007 - Sansio Philippines, Inc. v. Sps. Alicia Leodegario Mogol, Jr.

  • G.R. No. 177181 - Rabaja Ranch and Development Corporation v. AFP Retirement and Separation Benefits System

  • G.R. No. 177430 and G.R. NO. 178935 - Rene M. Francisco v. People of the Philippines

  • G.R. No. 177594 - University of San Agustin, Inc. v. University of San Agustin Employees Union-FFW

  • G.R. No. 177624 - Modesta Luna v. Juliana P. Luna, et al.

  • G.R. No. 177728 - Jenie San Juan Dela Cruz, et al., etc., v. Ronald Paul S. Gracia, etc.

  • G.R. No. 177766 - People of the Philippines v. Claro Jampas

  • G.R. No. 177768 - People of the Philippines v. Charmen Olivo y Along, Nelson Danda y Sambuto and Joey Zafra y Reyes

  • G.R. No. 177847 - Laurence M. Sison v. Eusebia Cariaga

  • G.R. No. 178058 - People of the Philippines v. Jessie Maliao y Masakit, Norberto Chiong y Discotido and Luciano Bohol y Gamana, Jessie Maliao y Masakit(Accused-Appellant)

  • G.R. No. 178205 - People of the Philippines v. Leo Quemeggen, Juanito De Luna

  • G.R. No. 178330 - Martin T. Sagarbarria v. Philippine Business Bank

  • G.R. No. 178490 - Commissioner of Internal Revenue v. Bank of the Philippine Islands

  • G.R. No. 178760 - Carmen B. Dy-Dumalasa v. Domingo Sabado S. Fernandez, et al.

  • G.R. NOS. 178831-32, G.R. No. 179120, G.R. NOS. 179132-33 and G.R. NOS. 179240-41 - Limkaichong v. Comission on Election

  • G.R. No. 178976 - Abelardo P. Abel v. Philex Mining Corporation represented by Fernando Agustin

  • G.R. No. 179061 - Sheala P. Matrido v. People of the Philippines

  • G.R. No. 179154 - People of the Philippines v. Roger Perez and Danilo Perez

  • G.R. No. 179177 - Carlos N. Nisda v. Sea Serve Maritime Agency, et al.

  • G.R. No. 179187 - People of the Philippines v. Renato Talusan y Panganiban

  • G.R. No. 179430 - Jamela Salic Maruhom v. Commssion on Elections and Mohammad Ali "Mericano" A. Abinal

  • G.R. No. 179271 and G.R. No. 179295 - BANAT v. Commission on Election

  • G.R. No. 179512 - Eagle Star Security Services, Inc. v. Bonifacio L. Mirando.

  • G.R. No. 179546 - Coca-Cola Bottlers Phils, Inc. v. Alan M. Agito, Regolo S. Oca III, et al.

  • G.R. No. 179653 - United Muslim and Christian Urban Poor Association, Inc., etc. v. BRYC-V Development Corporation, etc., et al.

  • G.R. No. 179674 - Pyro Coppermining Corporation v. Mines Adjudication Board-Department of Environment and Natural Resources, et al.

  • G.R. No. 179807 - Ramy Gallego v. Bayer Philippines, Inc., et al.

  • G.R. No. 179937 - The People of the Philippines v. Gerald Librea y Camitan

  • G.R. No. 180043 - Commissioner of Internal Revenue v. Philippine Airline, Inc. (PAL)

  • G.R. No. 180055 and G.R. No. 183055 - Franklin M. Drilon, et al. v. Hon. Jose de Venecia, Jr., et al.

  • G.R. No. 180066 - Commissioner of Internal Revenue v. Philippine Airlines, Inc.

  • G.R. No. 180458 - Development Bank of the Philippines v. Family Foods Manufacturing Co. Ltd. and Spouses Juliano and Catalina Centeno

  • G.R. No. 180465 - Eric Dela Cruz and Paul M. Lacuata v. Coca-Cola Bottlers Phils.

  • G.R. No. 180528 - Civil Service Commission v. Nelia O. Tahanlangit

  • G.R. No. 180568 - Lydia Montebon a.k.a. Jingle Montebon v. The Honorable Court of Appeals, et al.

  • G.R. No. 180675 - Virgilio Bote v. San Pedro Cineplex Properties Corporation

  • G.R. No. 181235 - Banco De Oro-EPCI, Inc. v. John Tansipek

  • G.R. No. 181393 - Grandteq Industrial Steel Products, Inc. and Abelardo M. Gonzales v. Edna Margallo

  • G.R. No. 181478 - Eddie T. Panlilio v. Commission on Elections and Lilia G. Pineda

  • G.R. No. 181531 - National Union of Workers in Hotels Restaurant and Allied Industries-Manila Pavilion Hotel Chapter v. Secretary of Labor and Employment, et al.

  • G.R. No. 182420 - People of the Philippines v. Elsie Barba

  • G.R .No. 182454 - People of the Philippines v. Felix Wasit

  • G.R. No. 182485 - Sps. Henry O and Pacita Cheng v. Sps. Jose Javier and Claudia Dailisan

  • G.R. No. 182567 - Guillermo M. Telmo v. Luciano M. Bustamante

  • G.R. No. 182687 - People of the Philippines v. Warlito Martinez

  • G.R. No. 182941 - Roberto Sierra y Caneda v. People of the Philippines

  • G.R. No. 183105 - Erna Casals, et al. v. Tayud Golf and Country Club, et al..

  • G.R. No. 183819 - People of the Philippines v. Arsenio Cortez y Macalindong a.k.a. "Archie"

  • G.R. No. 184586 - Rafael Flauta, Jr., et al. v. Commission on Elections, et al.

  • G.R. No. 184801 - Jonas Taguiam v. Commission on Election, et al.

  • G.R. No. 184948 - Cong. Glenn A. Chong, Mr. Charles Chong, and Mr. Romeo Arribe v. Hon. Philip L. Dela Cruz, et al.

  • G.R. No. 185035 - Government Service Insurance System v. Salvador A. De Castro

  • G.R. No. 185063 - Sps. Lita De Leon, et al. v. Anita B. De Leon, et al.

  • G.R. No. 185095 - Maria Susan L. Ra ola, et al. v. Spouses Fernando & Ma. Concepcion M. Ra ola

  • G.R. No. 185220 - Laguna Metts Corporation v. Court of Appeals, Aries C. Caalam and Geraldine Esguerra

  • G.R. No. 185389 - People of the Philippines v. Benjie Resurrection

  • G.R. No. 185401 - Henry "June" Due as, Jr. v. House of Representatives Electoral Tribunal and Angelito "Jett" P. Reyes

  • G.R. NO. 186007 and G.R. No. 186016 - Salvador Divinagracia, Jr. v. Commission on Elections and Alex A. Centena

  • G.R. No. 187152 - People of the Philippines v. Teodulo Villanueva, Jr.

  • UDK-14071 - Martin Gibbs Fletcher v. The Director of Bureau of Corrections or his representative

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    A.M. No. P-06-2219 Formerly A.M. No. 06-7-392-RTC - Office of the Court Administrator v. Officer-in-charge and Legal Researcher Nilda Cinco, RTC, Br. 28, Catbalogan, Samar

      A.M. No. P-06-2219 Formerly A.M. No. 06-7-392-RTC - Office of the Court Administrator v. Officer-in-charge and Legal Researcher Nilda Cinco, RTC, Br. 28, Catbalogan, Samar

    PHILIPPINE SUPREME COURT DECISIONS

    SECOND DIVISION

    [A.M. NO. P-06-2219 : July 13, 2009]
    [Formerly A.M. No. 06-7-392-RTC]

    OFFICE OF THE COURT ADMINISTRATOR, Complainant, v. OFFICER-IN-CHARGE AND LEGAL RESEARCHER NILDA CINCO, REGIONAL TRIAL COURT, BRANCH 28, CATBALOGAN, SAMAR, Respondent.

    D E C I S I O N

    CARPIO MORALES, J.:

    By letter of December 11, 2004,1 Nilda C. Cinco (respondent), Legal Researcher and Officer-in-Charge of Branch 28, Regional Trial Court (RTC) of Catbalogan, Samar, reported to Presiding Judge Sibanah E. Usman that there were five2 missing records of cases in their Branch and that she suspected the one in charge of Criminal Cases, Lilia C. Raga,3 to be behind the loss, hence, she recommended that an investigation be conducted.4

    The pertinent portions of respondent's letter-report to Judge Usman read, quoted verbatim:

    x x x

    I discovered that three of the above-named records were missing on the 3rd day of November 2004, when Armando A. Canes, accused in Criminal Case No. 5885, posted bail for his temporary liberty. It was Judge Carmelita T. Cuares [of RTC, Br. 27] who signed, in view of your leave during the month of November. When the Cashbond of Armando Canes was submitted to our office, I look for its record purposely to attach said Cashbond. I could not find the record so I asked Alicia T. Redaja about the whereabouts of the record considering that she is the clerk assigned to take charge of Criminal Cases records and I also remembered that said record with some others were newly filed cases. . . Miss Redaja could not find the record . . . We inventoried the records twice in order to be sure whether the missing records were really missing, and we found out that three of the above-mentioned records were really missing.

    On November 10, 2004 . . . I went to the Police Station and reported the loss of the records. On the 11th of November 2004, Miss Redaja found out that another record was missing - the record of Criminal Case No. 5839 - People v. Crispen Libao. This record was still in the cabinet when we inventoried the records and was found out missing on the 11th of November 2004.

    x x x

    The last record that I found to be missing was the record of CAD Case No. 4 GLRO Cad Rec. No. 1378 Lot No. 385 - Director of Lands v. Luisa P. Sarmiento, which I thought was taken after we had inventoried the records just like the record of Criminal Case No. 5839-People v. Crispen Libao which was also taken after we had inventoried the records, but before I padlock the cabinets.5 (Emphasis and underscoring supplied)cralawlibrary

    Judge Usman referred respondent's letter, by letter of December 21, 2004,6 to the Office of the Court Administrator (OCA) which in turn referred it to RTC Catbalogan Acting Executive Judge Carmelita T. Cuares (Judge Cuares) for investigation.

    THE INVESTIGATING JUDGE'S
    REPORT AND ACTION TAKEN
    THEREON
    .

    Judge Cuares' Memorandum Report7 was summarized by the OCA in its June 29, 2006 Report:

    x x x

    . . . [A]lthough Officer-in-Charge Cinco is the custodian of the missing records, all court personnel have access to the records since these are only placed either on top of Cinco's table, on her chair or in some corners, due to lack of space inside the cabinets. OIC Cinco suspects that the lost records were taken by Lilia C. Raga, Process Server of that court, to discredit her because she refused to sign a petition against their presiding judge, Judge Sibanah E. Usman.

    x x x

    Judge Cuares questioned the employees who had access to the court records as well as the security guards in the Hall of Justice. She found no evidence that would implicate Mrs. Raga to the missing records. Nonetheless, the case records that were reported were all reconstituted except Civil Cases Nos. 7412 and 6336 that had long been terminated.

    Judge Cuares recommended that (a) Judge Usman be reprimanded for his failure to immediately investigate the loss; (b) Nilda C. Cinco be reprimanded for the loss of the case records; be warned to be extra careful in handling case records, and to adopt a system of accounting for every case record at the end of office hours to ensure that all records are accounted for; and (c) the other employees implicated in this case be relieved from liability for lack of evidence against them. Further, so as not to repeat the occurrence of loss of records, the judge should ensure that, unless authorized by the court, no one be allowed to meddle with the affairs of the court.8 (Emphasis and underscoring supplied)cralawlibrary

    Respondent, by letter dated September 18, 2006,9 in compliance with this Court's directive, manifested that she was not willing to submit the case for decision on the basis of the pleadings/records already filed. And she requested for a copy of the complaint against her so that she could file her answer.

    The Court thereafter furnished respondent a copy of Judge Cuares' Memorandum Report and directed her to comment thereon. Respondent did comply.

    EVALUATION BY THE OCA OF
    THE INVESTIGATING JUDGE'S
    REPORT AND ACTION TAKEN
    BY THE COURT

    The OCA, by Memorandum dated March 6, 2008,10 evaluated respondent's Comment in this wise:

    Section 7 of Rule 136 of the Revised Rules of Court is explicit that the Clerk of Court shall safely keep all records, papers, files, exhibits and public property committed to her charge. Being the Acting Clerk of Court, respondent Cinco is the custodian of the court records and as such, she is expected to discharge her duty of safekeeping court records with diligence, efficiency and professionalism. Consonant with this duty of safekeeping the records of cases is the bounden duty of the custodian to see to it that the records are kept in secure places.ςηαñrοblεš νιr υαl lαω lιbrαrÿ

    In this case, however, respondent Cinco admitted that prior to the loss of the case records she leaves the cabinet where she keeps the case records unlocked in order that her co-employees shall have direct access to it every time they need the records. Obviously, respondent Cinco failed to meet the requirement expected of her as a custodian. The fact that she keeps the cabinets unlocked so that her co-employees could have direct access to the case records is a manifestation of her utter lack of diligence and carefulness in performing her duty as a custodian. She did not even bother to take any precautions to see to it that only authorized court personnel shall have access to the cabinets where the records are kept because she made it directly accessible to all by leaving it unlocked. Court records are confidential documents and respondent should have adopted measures to safeguard and ensure their confidentiality and integrity.

    To escape culpability, respondent attributes the loss of the case records to the fact that the court lack sufficient cabinets where the court records could be safely kept and to Lilia Raga whom she suspects to have taken the case records. We find this untenable. As noted by then DCA Elepaño in the Agenda report dated 29 June 2006, a simple exercise of diligence could have alerted respondent to inform her judge for the need of additional storage/filing cabinets and to resort to reliable safety measures to ensure the safety of the case records. Further, aside from respondent's bare allegations and speculations, no concrete evidence was presented to prove that Lilia Raga took the missing records.11 (Emphasis and underscoring supplied)cralawlibrary

    The OCA thus concluded that respondent is liable for simple neglect of duty and accordingly recommended that she be suspended for one month and one day, with advice to devise means to ensure the safety of the records of the cases.12

    In compliance with this Court's Resolution of April 16, 200813 requiring respondent to manifest within ten days from notice whether she was willing to submit the case for resolution on the basis of the pleadings filed, she filed "Supplemental Comments," which the Court noted in its Resolution of November 12, 2008,14 stating that she is "a victim of vindictiveness by an unscrupulous employee" whose "misbehavior" they were only trying to curtail.

    THE COURT'S FINDINGS

    The Court finds the evaluation by the OCA of the Investigating Judge's Report and its recommendation well-taken. Respondent was the Officer-in-Charge, Branch Clerk of Court. As such, she had vital functions in the administration of justice.

    Clerks of court are ranking officers who perform vital functions in the administration of justice. They are the designated custodians of, and have control over, court records. Section 7, Rule 136 of the Rules of Court states that clerks of court shall safely keep all the records, papers, files, and exhibits committed to their charge. The 2002 Revised Manual for Clerks of Court states that the duties of clerks of court include receiving and keeping the necessary papers of cases. In Office of the Court Administrator v. Carriedo, the Court held that clerks of court are duty-bound to safely keep court records and have them readily available upon request. They must be diligent and vigilant in managing the records. In Office of the Court Administrator v. Ramirez, the Court held that clerks of court are liable for the loss of court records.15 (Italics in the original; underscoring supplied)

    Despite respondent's awareness, however, that the filing cabinets were not enough to store all court records, she did not bother to inform the judge of the necessity of securing additional cabinets and, to, in the meantime, resort to measures to ensure the safety of the records.

    Indeed, respondent is guilty of simple neglect of duty, defined as "the failure to give attention to a task or the disregard of a duty due to carelessness or indifference,"16 which is classified as a less grave offense under the Uniform Rules on Administrative Cases in the Civil Service and punishable with suspension for one month and one day to six months for the first offense and dismissal for the second offense.17

    That respondent may have been saddled with a heavy workload does not free her from administrative liability. Rivera v. Buena18 teaches:

    When respondent assumed the position of branch clerk of court, it was understood that he was willing, ready and able to do his job with utmost devotion and efficiency. Having a voluminous workload, and being forced to do legal research work are unavailing defenses. Neither can respondent pass the blame to his subordinates. Being the administrative officer and having control and supervision over court records, he should have seen to it that his subordinates performed their functions well.19 (Emphasis and underscoring supplied)cralawlibrary

    WHEREFORE, the Court finds respondent, Nilda C. Cinco, Officer-in-Charge, Branch Clerk of Court, and Legal Researcher, Regional Trial Court, Branch 28, Catbalogan, Samar, guilty of simple neglect of duty. She is SUSPENDED for One Month and One Day without pay, with warning that a repetition of the same or similar act shall be dealt with more severely.

    SO ORDERED.

    Endnotes:


    * Additional member per Special Order No. 658.

    ** Additional member per Special Order No. 635.

    1 Rollo, pp. 6-8.

    2 In her Affidavit dated May 30, 2005, rollo, pp. 62-64, respondent stated that after her December 11, 2004 Letter, she discovered that the records of two other cases, Civil Case No. 7412, and Spec. Proc. No. 6336, which were placed in the cabinet located in front of her table, were also missing, thus, there were 7 missing records.

    3 By Decision of June 21, 2006 in A.M. No. P-06-2150, the Court found Lilia C. Raga guilty of grave misconduct and was accordingly dismissed from service.

    4 Respondent enumerated the cases as follows: (1) Criminal Case No. 5882, People of the Philippines v. Dominador T. Alibio; (2) Criminal Case No. 5885, People v. Armando A. Canes and Mariano M. Sintos; (3) Criminal Case No. 5839, People of the Philippines v. Crispen Libao; (4) Civil Case No. 7465, Heirs of Pantaleon Gruta et al for Annulment of Extra Judicial Settlement of Estate; (5) CAD Case No. 4 GLRO CAD Rec. No. 1378 Lot No. 385, Director of Lands v. Luisa P. Sarmiento.

    5 Rollo, pp. 6-8.

    6 Id. at 5.

    7 Id. at 21-33.

    8 Id. at 1-2.

    9 Id. at 222.

    10 Id. at 312-315.

    11 Id. at 314.

    12 Id. at 315.

    13 Id. at 317.

    14 Id. at 323-324..

    15 Office of the Court Administrator v. Garcia-Rañoco, A.M. No. P-03-1717, March 6, 2008, 547 SCRA 670, 674.

    16 Calo v. Dizon, A.M. No. P-07-2359, August 11, 2008, 561 SCRA 517, 533; Rivera v. Buena, A.M. No. P-07-2394, February 19, 2008, 546 SCRA 222, 229; Office of the Court Administrator v. Paredes, A.M. No. P-06-2103, April 17, 2007, 521 SCRA 365, 370.

    17 Section 52(B)(1), CSC Resolution No. 991936, August 31, 1999.

    18 Rivera v. Buena, A.M. No. P-07-2394, February 19, 2008, 546 SCRA 222,228-229.

    19 Ibid.

    A.M. No. P-06-2219 Formerly A.M. No. 06-7-392-RTC - Office of the Court Administrator v. Officer-in-charge and Legal Researcher Nilda Cinco, RTC, Br. 28, Catbalogan, Samar


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