Philippine Supreme Court Resolutions > Year 2010 > June 2010 Resolutions > [A.M. No. 09-11-187-MTC : June 22, 2010] RE: REQUEST OF JUDGE MARIBETH RODRIQUEZ-MANAHAN, MTC-SAN MATEO, RIZAL FOR RELIEF FROM PROPERTY AND RECORDS ACCOUNTABILITIES WHICH WERE TOTALLY DESTROYED BY TYPHOON "ONDOY":

Please take notice that the Court en banc issued a Resolution dated JUNE 22, 2010, which reads as follows:

"A.M. No. 09-11-187-MTC (Re: Request of Judge Maribeth Rodriquez-Manahan, MTC-San Mateo, Rizal for Relief From Property and Records Accountabilities which were totally Destroyed by Typhoon "Ondoy"). - The Court Resolved, upon the recommendation of the Office of the Court Administrator, to

(a) NOTE the submission of the following documents, namely: (1) Photocopy of the Notice of Loss/Destruction to the Office of the Court Administrator by way of formal letter dated October 5, 2009, consisting of two [2] pages; (2) Duplicate original copy of the Inventory of Office Equipment stating the description of every property and serial number and date of acquisition, consisting of two [2] pages; (3) Photocopy of the Memorandum Receipt for Equipment, Semi-Expandable and Non-Expandable Property, consisting of nine [29] pages; (4) Photocopy of the Acknowledgment Receipt of Equipment, consisting of nine [9] pages; (5) Photocopy of the Affidavit of Two (2) Disinterested Persons dated October 21, 2009; (6) Xeroxed copy of the Affidavit of Loss/Destroyed Records dated October 21, 2009; (7) Certification dated October 12, 2009 and signed by the Municipal Mayor and Municipal Engineer; (8) Pictures, consisting of twenty four (24) pieces; and (9) Certification from the PAG-ASA together with the STRIDE Report on the actual occurrence of the calamity as full compliance of Judge Maribeth Rodriquez-Manahan, Municipal Trial Court, San Mateo, Rizal, with the resolution of November 17, 2009;

(b) NOTE the submission of certified true copies of the original documents submitted by the trial court to the OCA-Property Division on October 23, 2009, as part of the records of this administrative matter, since the original documents have still to be evaluated and utilized by Office of the Resident COA Auditor of this Court in view of its ongoing preparation of the Investigation, Inventory and Inspection Report;

(c) DIRECT Judge Maribeth Rodriguez-Manahan to: [1] SUBMIT also to this Court, through the Office of the Clerk of Court En Banc, within sixty (60) days from notice hereof, [a] the list of all cases which were saved after the tragic flood incident to facilitate the proper identification of cases and the determination of retention period whenever the trial court files a request for the disposal and/or destruction of this court records, papers and exhibits in the future; [b] the duplicate original copy/ies or certified true copy/ies of Memorandum Receipts (29 pages) and Acknowledgment Recepts (first 5 pages with statement that properties listed therein were received by Mr. Edgardo  Lovendino, Jr. on June 24, 2004 and April 21, 2008, Ms. Rizalina S. San Diego from the two [2] lists both dated March 24, 2006 and the former MTC Acting Judge, Hon. Cesar M. Dumlao on January 17, 2007) previously submitted by the trial Court En Banc inasmuch as the entries  reflected therein cannot be clearly read for evaluation purposes, and also said sets of documents were not actually included in all the documents submitted by the trial court to the OCA-Property Division on October 23, 2009; and [c] the certification that all the pictures submitted to this Court through the Office through the Office of the Clerk of Court En Banc were actually the pictures taken during the occurrence of the typhoon "Ondoy" which damaged the court records and properties considering that they were not stamped with any authentication at the back thereof; and [2] FURNISH the Supreme Court Library Chief, Ms. Milagros S. Ong, the original duplicate copy/ies or certified true copy/ies of Inventory of Office Equipment, Memorandum Receipts Acknowledgment Receipts and Inventory and Inspection Report of Unserviceable Property relative to the law books, annotated reports and other and other publications previously issued and delivered in favor of the trial court so as the former, in turn, can ascertain the correctness of its number and other details and identify that those items were the court properties devastated also by the typhoon "Ondoy";

(d) DIRECT the OCA-Property Division and the Supreme Court Library to ISSUED the necessary certifications and TRANSMIT the same to the trial court concerned, attesting that those properties enumerated in their respective Inventory of Office Equipment, Memorandum Receipts, Acknowledgment Receipts and Inventory and Inspection Report of Unserviceable Property are one and the same properties formerly issued and delivered to the trial court and became the subjects of those court properties damaged by the onset of typhoon "Ondoy", copy furnished the Office of the Clerk Of Court En Banc for the inclusion of said certifications in the records of the expendiente or rollo of this administrative matter;

(e) DIRECT the Office of the Resident COA Auditor of the Court to [1] SUBMIT directly to the Court through the Office of the Clerk of Court En Banc the Investigation, Inventory and Inspection Report, within sixty (60) days from notice hereof, in compliance with resolution of November 17, 2009 and in taking cognizance of Judge Rodriquez-Manahan's asseveration in her full compliance dated February 25, 2010 that the Resident COA Auditor had already assessed the extend of loss and/or damaged court documents and properties, and [2] ISSUE the necessary certification for relief of the accountability of the trial court relative thereto, and TRANSMIT the same to the trial court concerned, copy furnished the Office of the Clerk of the Court En Banc for the inclusion of said certification the records of the expendiente or rollo of this administrative matter;

(f) DIRECT the OCA-Statistical reports Division of the Court Management Office, the OCA-Property Division, the Supreme Court Library and the Office of the Resident COA Auditor of this Court EXTEND any assistance for whatever the trial court may have sought from each of them relative to the fulfillment of the latter's final compliance with resolution of November 17, 2009; and

(g) HOLD IN ABEYANCE the approval of the request of Judge Rodriguez-Manahan for relief from property and records accountabilities which were totally destroyed by typhoon "Ondoy" pending compliance with all of the above-mentioned requirements, and final evaluation, thereafter, of the Court on the property of the same."