Philippine Supreme Court Resolutions > Year 2008 > August 2008 Resolutions > [A.M. No.RTJ-08-2108 [Formerly OCA I.P.I. No. 08-2-93-RTC : August 06, 2008] JUDICIAL AUDIT OF THE REGIONAL TRIAL COURT, BRANCH 34, CABADBARAN, AGUSAN DEL NORTE :

Quoted hereunder, for your information,, is a resolution of this Court dated 06 August 2008:

A.M. No.RTJ-08-2108 [Formerly OCA I.P.I. No. 08-2-93-RTC (Judicial Audit of the Regional Trial Court, Branch 34, Cabadbaran, Agusan Del Norte)] - Office of the Court Administrator v. Judge Orlando P. Doyon, Branch Clerk of Court Atty. Custodio B. Compendio, Jr., and Clerks in Charge Noel B. Albiva and Jeannette T. Sayas, all of the Regional Trial Court, Branch 34, Cabadbaran, Agusan Del Norte


In view of the Memorandum of the Office :of the Court Administrator dated February 12, 2008 on the Judicial Audit of Regional Trial Court, Branch 34, Cabadbaran, Agusan Del Norte, the Court resolves to direct:

1.  Judge Orlando P. Doyon to EXPLAIN (a) his failure to resolve the following motions within the reglementary period;

CRIMINAL CASES
Case No.	Accused	Last Action Taken	Date Due	Action Taken	Delay
2004-130	M. Saunay	Mtn. To Quash dated 02-28-05, no receipt	5-29-05	Dismissed on June 17, 205	19 days
99-11 99-12	C. Bihag F. Homido N. Udarbe P. Arienza S. Curato E. Amarte	Order 02-14-05, demurrer to evidence, for even the submitted resolution without comment of the prosecution after 15 days from receipt of Order	5-30-05	Dismissed on Jan. 9, 2006	224 days
2004-54	P.Ibay	Order 09-07-04, motion to quash filed by counsel for the accused, submitted for resolution	12-6-04	Denied on May 3, 2005	148 days

CIVIL CASES
Case No.	Title	Last Action Taken	Date Due	Action Taken	Delay
11-2003	Mercado v. Bansas, Sr.,et al.	Plaintiff marking of Exh. 12-01-04 Formal Offer of Evidence on MR (Plaintiff) . 01-26-05 Comment/Objection 03-01-05	5-30-05	Reconsidered on Jan.6, 2006	221 days
6-2002	Engr. L .Bailesteros v. G. Aguisola ,et al.	Order 03-09-04, affirmative defenses set up in the answer of the defendants deemed submitted for resolution	6-7-05	Denied on Aug.30, 2005	84 days
22-2002	Rosales v. Rosal.es	Formal Offer of Exhibits 03-21-05	6-19--5	Decided on Jan.6, 2006	201 days
07-2003	G. Lor v.W. Edan	Formal Offer of Exhibits of petitioner filed on 01-13-05	4-3-05	Decided on June 5,2005	63 days
6-2001	Heirs of J.Galve v. Heirs of P.Cervantes, Jr.	Order 08-11-04. affirmative defenses of both  defendants, submitted for resolution	11-9-04	Denied on January 8, 2006	425 days

CRIMINAL CASE
Case no.	Accused	Last Action Taken	Date Due	Action Taken	Delay
7440	E. Ondoy A. Pascie	Order 02-17-05, prosecution and defenses are required to submit memo within 30 days from receipt of the Order. After said period, case deemed submitted for resolution	6-17-05	Decided on January 5, 2006	202 days

CRIMINAL CASE
Case no.	Accused	Last Action Taken	Date Due	Action Taken	Delay
998	Udarbe v. Ybaya, et al.	Order 10-08-04 case submitted for decision	1-6-05	Decided on Oct. 3,2005	270 days
Sp. Proc. 14-03	Sps. Sanchez	Order 10-25-04, case submitted fo rdecision	1-23-05	Decided on May 3, 2005	100 days
18-2003	C Loon v.F. Buyser-Loon	Order 10-11-04, petitioner and Provincial Prosecutor were given 30 days to file their memo. After the expiration of said period,case deemed submitted for decision'	2-8-05	Decided on July 2 9, 2005	171 days
01-03	Napuli v. Napuli	Order 10-14-04, parties required to submit their memo within 15 days. After said period, case deemed submitted for decision; extended for 15 days per Order 11-19- 04, memo, for plaintiff 12- 02-04	3-2-05	Decided on April 28, 2005	57 days
SP 07-04	Sps. Aquino	Order 01-19-05, case submitted for decision	4-19-05	Decided on April 27, 2005	8 days

2 Atty. Custodio B. Compendio, Jr. to EXPLAIN: (a) his failure, despite the Memorandum dated May 30, 2005, to apprise Judge Doyon of motions submitted for resolution and cases submitted for decision leading to the failure of Judge Doyon to comply within the reglementary period; (b) his failure to famish the Court a copy of the decisions in SP Civil Case No. 03 entitled "Heirs of Ramo v. Heirs of Ramo" and Civil Case No. 2000-01 entitled "Morada et al. v. Cosina" but' merely provided copy of the transmitted letters to the Court of Appeals without providing information whether or not these cases were decided within the required period, and; (c ) his failure to remind Clerks in Charge Noel B. Albiva and Jeannette T. Sayas to submit their compliance as ordered by the OCA considering that the Memoranda dated May 303 2005, January 2, 2007 and October 30, 2007 contained warnings on the possible imposition of administrative sanctions on the continued non-compliance with the same; and

3. Clerks in Charge Noel B. Albiva and Jeannette T. Sayas to EXPLAIN why no administrative sanction should be imposed upon them for their failure to comply with (a) Memorandum dated May 30, 2005 directing them to update the entries in their respective docket books and submit proof of their compliance within 60 days, with warning that continued failure to do so may prove valid grounds for the imposition of administrative sanction; (b) Memorandum dated January 2, 2007, directing them, to show cause within 10 days of receipt of the same why they should not be disciplinarily dealt with for failure to comply with the Memorandum dated May 30, 2005, and; (c) Memorandum dated October 30, 2007 giving 10 days from receipt of the same to comply with the January 2, 2007 Memorandum otherwise the OCA will be constrained to initiate appropriate administrative proceedings against them.

4.   Judge Orlando P. Doyon, Atty. Custodio B. Compendio, Clerks in Charge Noel B. Albiva and Jeannette T. Sayas to MANIFEST if they are willing to submit the case for resolution based on the pleadings filed,

all within ten (10)  days from receipt of herein Resolution.

SO ORDERED.