Philippine Supreme Court Resolutions

(a) DOCKET the instant judicial audit report as A.M. No. RTJ-10-2227 (Office of the Court Administrator vs. Judge Ni�o A. Batingana, Presiding Judge. Regional Trial Court, Branch 6, Mati, Davao Oriental) for gross incompetence, gross inefficiency, gross negligence and dereliction of duty;

(b) ORDER the SUSPENSION of Judge Batingana for six (6) months without salary and other benefits, with a STERN WARNING that a repetition of the same or similar acts shall be dealt with more severely;

(c) DIRECT the Acting Presiding or Assisting Judge of Regional Trial Court, Branch 6, Mati, Davao Oriental, to:

(i) TAKE APPROPRIATE ACTION, within thirty (30) days from notice hereof, on the following cases:

CRIMINAL CASE
NO ACTION TAKEN

CASE NO.	ACCUSED	NATURE	DATE FILED
5457-09	Aldrich	Estafa	3-18-09

CIVIL CASES

NO FURTHER SETTING/ACTION

CASE NO.	PARTIES	NATURE	LATEST COURT   ACTION
1. Misc 1094	Development Bank of the Philippines	writ of Possession	Order (Judge Yamas) 3-20-02, case deemed submitted for decision Order (Judge Yamas) 5-21-02, Order dated 3-20-02, set aside pending resolution of Civil Case No. 1983
2. 2144-07	CMWD vs. Bentulan	Injuction, Damages, etc.	Order 7-18-07, counsels to submit memo within 10 days reissuance of Temporary Retraining Order
3. 2072	Sps. Danas vs. Rojas, et al.	Injunction, Damages, etc.	Order 8-29-07 parties submitting commissioner's report for resolution

(ii) RESOLVE with dispatch the pending incidents in the following cases, giving priority to those earlier filed, and SUBMIT a copy of each resolution to this Court, through the OCA, within ten (10) days from its issuance:

CRIMINAL CASE
SUBMITTED FOR RESOLUTION

CASE NO.	ACCUSED	NATURE	LATEST COURT   ACTION
5394-08	Cuanan	Homicide	Motion to withdraw exhibit 2-23-09

CIVIL CASES

SUBMITTED FOR RESOLUTION

CASE NO.	PARTIES	NATURE	LATEST COURT   ACTION
1. 2110-05	Avelino E. Suasola, et al. vs, Enrique E. Doronal, et al.	Declaration of nullity of OCT No. 0-2470 with damages, etc.	Motion to Dismiss dated 7-08-05 filed by defendants Order 7-13-05 Prayer for issuance of TRO, now submitted for resolution
2. 2097-05	Hacienda   Bituon and Hacienda Bitanagan vs. Dept of Land Reform	Declaratory relief, etc.	Motion to Lift Order of default 9-15-05 Opposition 9-21-05 Order 9-28-05, Motion, submitted for resolution
3. Sp. 241	Delagua	Probate	Joint motion to remove special administrator 7-14-06 Manifestation and Motion to Resolve pending motion 10-247-07
4. 1799	Delagua vs. Delagua	Partition, accounting	Joint to remove special administrator 7-14-06 Manifestation and Motion to Resolve pending motion 10-24-07
5. 2092	R.Lopez vs.   Dept. of Agrarian Reform	Declaration   relief, annulment of notice, etc.	Omnibus Motion to Dismiss 12-07-04 Opposition 1-25-05 DAR Comment 3-28-07
6. 2147-07	Melocotones vs. M. Aldeguer, et al.	Quieting of Title,   Inj, damages with prayer issuance of temporary   restraining order	Order 8-15-07, Atty. Largo given 10 days to submit memo on TRO and Atty. Ladera given 5 days from receipt to submit his memo Memo for Plaintiff 9-5-07 Motion for Early Resolution filed by Atty. Cargo dated 2-27-08
7. 2158-08	Heirs of Benito Rabat vs. Alabastro	Nullity of Sheriff's sale, etc.	Answer with affidavit defense 3-11-08 Reply 3-25-08 order 3-26-08 counsel for defendant given 10 days from today to submit his rejoinder after which the same shall be submitted for resolution Rejoinder 4-10-08 6-30-08 Ex parte motion to resolve affirmation defenses 12-12-08 second ex parte motion to resolve
8. 2152-07	Rep vs. Morales	Reversion	Formal Offer of Evidence 9-16-08 Motion for Extension of Time to file position paper 9-22-08 Motion granted, order dated 10-07-08 Position paper 12-05-08
9. 2001	Heirs of Adela   Vda. De Baligua   vs. Ganoy, et al.	Sp. Performance	Motion for issuance of cease and desist order, etc. 7-24-08 Opposition 9-23-08 Order 9-25-09, motions submitted for resolution
10. 2148-07	DOSCST vs.   Espiritu	Rescission of Contract of Sale and Damages	Motion to Declare Defendant in Default 11-26-08 Order 2-20909 motion set for hearings on 5-08-08
11. 2149-07	C. Acebes R. Acebes	Annulment of Marriage	Petitioner Formal Offer of Evidence 2-13-09

(iii) DECIDE with dispatch the following cases, giving priority to those cases earlier submitted for decision, and SUBMIT a copy of each decision to this Court, through the OCA, within ten (10) days from its rendition:

CRIMINAL CASES
SUBMITTED FOR DECISION

CASE NO.	PARTIES	NATURE	LATEST COURT   ACTION	ACTION TAKEN
1. 4306	A. Udagon	Estafa	Order 10-27-05, case is submitted for decision with Notion for Extension	In A.M. No. 06-3-142-RTC, judge Batingana, on January 22, 2007 was granted a last and final extension of 90 days fro October 20, 2006 to decide this case. His subsequent were denied No decision
2. 4405	Villamor Mabaslay	R.A. No. 8294	Order 7-07-06, parties directed to file memo order dated 11-14-06, case is submitted for decision	A.M. No. 07-4-182-RTC (rollo with the 1st Division) No decision
3. 3467	Go, et al.	Sec. 3(g) R.A. 3019	Order 12-13-07, case deemed submitte for decision (Judge Batingana) with Motion for Extension	The Court in its Resolution dated March 4, 2009 in A.M. No. 09-2-73-RTC, denied the several requests of Judge Batingana for extension of time to decide this criminal case. He was directed to immediately furnish the Court, through the OCA, a copy of the decision is the subject case and to show cause within ten (10) days from notice why no administrative sanction should be imposed upon him for making misleading statements (no previous request received) and for his failure to decide the case subject of the his request for extension No decision
4. 4100 5. 42069	T. Lorena	Estafa	Judge Order (4100 & 4206) 2-20-08, Prosecution and Defense given 30 days to submit memo Judge order 3-25-08, cases is submitted for decision With Motion for   Extension 6-23-08	Judge Batingana, in A.M. No. 08-10-545-RTC, was granted, on November 17, 2008, a period of ninety (90) day from June 23, 2008 to decide these cases. His subsequent request for another extension was denied on march 16, 2009      No decision
6. 4593	J. Bauyot	Theft	Order 1-29-08 Prosecution and Defense given 30 days to file respondent memo Order 3-05-08, case is submitted for decision	In A.M. No. 08-9-532-RTC, Judge Batingana was granted, on October 15, 2008 a period of ninety (90) days from June 23, 2008 to decide these cases. His subsequent request for another extension was denied on March 16, 2009 No decision
7. 4656	T. Rama	Rape	Order 8-13-08 (Judge Batingana), parties given 30 days from today to submit their memo, after which case is now submitted for decision Order 9-20-08, case is now submitted for decision Motion for Extension 12-19-08	In the Court's Resolution dated April 13, 2009 in A.M. No. 09-3-134-RTC, Judge Batingana was granted a non-extendible period of 90 days from December 29, 2008 to decide this case. His subsequent request for extension was denied on August 19, 2009 No decision
8. 4184 9. 4185 10. 4186	E. Tenong	Sec. 3(e) R.A. No. 2019	Order 8-13-08 (Judge Batingana), parties given 30 days to submit their respective memo, after which cases shall be submitted for decision Memo (Prosecutor) 10-03-08	Judge Batingana, on arch 16, 2009 was granted in A.M. No. 09-2-77-RTC, a non-extendible period of ninety (90) days from December 22, 2008 to decide the said cases No decision
11. 4657	R. Arenal	SPI	Order 11-13-08 Prosecution and Defense given 30 days to submit memo Order 12-19-08, case is submitted for decision	No decision
12. 4590	T. Bedenia C. Bedenia	FM	Order 9-29-08, private prosecutor given 30 days to submit their respective memo after which cases shall be submitted for decision (Judge Batingana) Order 1-19-09, case is now submitted for decision	No decision
13. 4614	M. Bahay	Child Abuse	Order 2-19-09 (Judge Batingana), case is now submitted for decision	No decision

SUBMITTED FOR DECISION

CASE NO.	PARTIES	NATURE	LATEST COURT   ACTION	ACTION TAKEN
1. 363	Maximino, et al. vs. Similatan, etal.	Nullity of Deeds, etc.	Partial decision 5-29-00 (Acting Presiding Judge Berba) Order 5-06-03 (Judge Yamas) counsels ordered to submit their respondent memo within 30 days	No decision
2. 1946	Fernando, et al. vs. Fernando, et al.	Recovery of Possession, etc.	Order 06-26-03 (Judge Yamas) parties given 20 days from today to submit memo after which case shall be submitted for decision Memo (Plaintiff) 9-03-03 Memo (Defendant) 9-24-03 Order 5-04-04 parties ordered to inform court of their preference Compliance 6-03-04 incumbent Presiding Judge p. 531 (Defendant) Order 5-20-05 (Judge Batingana) case is now submitted for decision	No Decision
3. 1756	Maguinsaw an-Manquiob, et al. vs. Sps. Maguinsawan, et al.	Cancellation of Title, etc.	Order 10-15-04 (Judge Batingana) parties ordered to submit respondent memo within 30 days from receipt, after which case shall be deemed submitted for decision	In the Court's Resolution dated March 28, 2007 in A.M. No. 05-8-463-RTC, the extensions sought in letters dated September 22 and 28, 2006 and two (2) letters both dated January 15, 2007 to decide Civil Case No. 2063 for another ninety (90) days from September 23, 2006 and to decide Civil Case No. 1756 for another ninety (90) days from September 29, 2006 were denied. Judge Batingana was directed to submit to the Court, through the OCA, a copy of the decisions in said cases within ten (10) days from notice.[1] No Decision
4. 2003	Luco vs. Fernando, et al.	Nullity of Title, etc.	Order 1-12-06 (Judge Batingana) parties ordered to submit then respondent memo within 30 days from today Memo (Defendant) 2-08-06 Order 9-04-06 (Judge Batingana) case is now submitted for decision Motion for Extension of Time 12-04-06	A.M. No. 07-2-101-RTC No decision
5. Sp. 384	Manansan	Guardians hip	Order 9-15-06 case is submitted for decision	No decision
6. Misc. 1193-05	PNB	Writ of Possession	Order 1-31-07, case deemed submitted for decision with Motion for Extension	The request for extension was inadvertently docketed in two administrative Matters: A.M. No. 07-6-302-RTC and A.M. No. 08-9-513 RTC. In the Court's Resolution dated October 33, 2008 in A.M. No. 08-9-513-RTC, Judge Batingana was granted an extension of ninety (90) days from July 22, 2008 to decide this case. No decision
7. 2138-07	Gabina Ibanez, et al. vs. Victor Silveron, et al.	Nullification of TCT with damages	Order 6-20-07, parties given 20 days to submit simultaneous memo and 15 days to reply against each respective memo after which the matter is considered submitted for resolution Memo plaintiff 7-24-07 Memo Defendant 7-24-07 Plaintiffs' reply memo 8-17-07 Motion for Early Resolution of Motion to Dismiss dated 3-19-08 rec. 3-27-08 Motion to Dismiss unacted since submitted for resolution after expiration of the periods provided in the Order of 6-20-07	No decision
8. 2010	Maongat, et al. vs. Pada, et al.	Reformation of instrument	Order 1-22-09 Parties given 30 days to submit simultaneous memo, after which case shall be submitted for decision Memo (Plaintiff) 2-11-09 Motion to set case for settlement purposes which proposal 3-12-09	No decision
9. CAD N-15 Lot 417 P	Director of Lands vs. Mary JaneVicente, et al.	Confirmation of Title	Order 2-17-09 exhibits admitted, case submitted for resolution Motion to Request for a copy of the Motion for Confirmation of Title and pertinent documents 2-23-09 Order 4-14-09, counsel for claimants directed to file comment on Manifestation after which submitted for resolution	No decision
10. 2129-06	Navarro vs. Navarro.	DNM	Order 3-17-09, case is submitted for decision No decision
11. 2085-04	Heirs of Rosario and Benito to Enriquez, et al. vs.Municipalityof  Tarragon and Davao, Oriental	Recovery of Possession, Temporary Restraining Order, etc.	Order 4-14-09 parties given 30 days to  submit respective  memo after which the  case is deemed submitted for decision  Defendant's Memo 5- 21-09	No decision
12. 1740	Sps. Felicito and Maria Mabayao, et al. vs. Andronio Palma Gil, et al.	Annulment of sheriffs sale, etc.	Order 01-21-04,  defendant given 15  days to submit Formal Offer of Evidence	Order dated 6- 24-09, case is now submitted for decision
13. 2028	Ferrando vs. Ferrando (Tuco), et al.	Judicial Partition and Damages	Order 01-10-08, given  15 days for the last  time Formal Offer of  Evidence	Order 6-30-09,  case now  deemed  submitted for  decision
14. 1964-99	Sps. Nichols Adaza vs. Ethan Purugganan	Reconveyance and Damages	Order 5-22-08,  defendant given 30  days to make a written Formal Offer of Evidence.	Order 6-30-09, case now submitted  for decision

(d) DIRECT Ms. Blandina B. Virtucio, Court Stenographer III and Officer-in-Charge, RTC, Br. 6, Mati, Davao Oriental, to:

(i) APPRISE the Assisting/Acting Presiding Judge from time to time of cases submitted for resolution/decision and those cases that require immediate action;

(ii) CONDUCT the required ACTUAL INVENTORY OF CASES with the Acting/Assisting

Presiding Judge as provided for in Administrative Circular No. l dated January 28,1988, as amended by Administrative Circular No. 10-94 dated June 29, 1994 and Administrative Circular No. 2-2001 dated January 2, 2001 with emphasis on the actual examination of each case records as well as its accurate reporting to determine the actual stage of the proceeding of each case;

(iii) ORDER the stitching of all orders issued, minutes taken, notices of hearing issued, certificates of arraignment in ALL criminal case folders especially those cases jointly tried including their chronological arrangement and pagination and the periodic updating of both the criminal and civil docket books;

(iv) EXPLAIN within thirty (30) from notice hereof why the records of the following cases were not presented to the team for audit:

1. Criminal Case No. 4956-06;
2. Crim. Case No. 4583;
3. Crim. Case No. 3637;
4. Civil Case No. 2123-06;
5. Civil Case No. 1796;
6. Spl. Agr. Case No. 028;
7. Spl. Agr. Case No. 031;
8. Misc. Case No. 1206-06;
9. Civil Case No. 2103-05 ;
10. Civil Case No. 1997;
11. Crim. Case No. 4259;
12. Special Agrarian Case No. 026;
13. Civil Case No. 2134-07; and
    

(v) SUBMIT compliance with the foregoing directives within thirty (30) days from notice hereof."

Endnotes:

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^[1] The Office in its Memorandum dated December 4, 2009 recommended that Judge Ni�o A. Batingana, Presiding Judge, Regional Trial Court, Branch 6, Mati City, Davao Oriental, be FINED in the amount of P50,000.00 for undue delay in deciding Civil Case No. 2063, for failure to decide Civil Case No. 1756 and for failure to comply with the directive of this Court's Resolution dated February 27, 2008. He should likewise be directed to decide Civil Case No. 1756 within fifteen (15) days from notice with a warning that repetition of the same or similar act shall be dealt with more severely.