Philippine Supreme Court Resolutions > Year 2011 > November 2011 Resolutions > [A.M. No. 11-11-206-RTC : November 29, 2011] RE: PETITION OF JUDGE JOSEPHINE ZARATE FERNANDEZ, RTC, BRANCH 76, SAN MATEO, RIZAL FOR RELIEF FROM PROPERTY AND RECORDS ACCOUNTABILITIES DUE TO THE DESTRUCTION CAUSED BY TYPHOON 'ONDOY' ON SEPTEMBER 26, 2009 :

Please take notice that the Court en banc issued a Resolution dated NOVEMBER 29, 2011, which reads as follows:cralaw

"A.M. No. 11-11-206-RTC (Re: Petition of Judge Josephine Zarate Fernandez, RTC, Branch 76, San Mateo, Rizal for Relief from Property and Records Accountabilities Due to the Destruction Caused by Typhoon 'Ondoy' on September 26, 2009).- The Court Resolved, upon the recommendation of the Office of the Court Administrator (OCA), to 

(a) NOTE and GRANT the instant Petition dated March 1, 2011 of Hon. Josephine Zarate Fernandez, Executive Judge, RTC, San Mateo, Rizal, requesting for relief from any property and records accountabilities as a result of total loss and destruction of court properties, records and official documents, among others, by typhoon 'Ondoy' on September 26, 2009; PROVIDED that RTC, Branches 75, 76 and 77, San Mateo, Rizal, through OTC-Clerk of Court Atty. Aris Z. Bautista, shall SUBMIT to this Court within thirty (30) days from notice hereof the following: 

(i) House Inventory and Inspection Report for the court properties affected by typhoon 'Ondoy' as required by Item 4.10 of COA Circular No. 2009-002 dated May 18, 2009, supported with [1] an Affidavit or Sworn Statement of the accountable officer on the facts and circumstances surrounding the losses and damages; [2] Affidavits of two (2) disinterested persons who have personal knowledge of such fact of losses and damages; and [3] Memorandum Receipts covering the properties subject of instant petition; 

(ii) List of Damaged Court Records, Papers and Exhibits of RTC, Branches 75, 76 and 77, San Mateo, Rizal with the use of their respective court dockets and judgment books, among others, which were not reported in the petition as damaged from the wrath of typhoon 'Ondoy'; and 

(iii) Certification that all the pictures submitted were actually taken during the occurrence of typhoon 'Ondoy' considering that they were not stamped with any authentication at the back thereof;

(b) DIRECT the OCA-Property Division to EXTEND whatever assistance RTC, Branches 75, 76 and 77, San Mateo, Rizal may have sought for the accomplishment of the above-mentioned requirements and to RECORD all those equipment, among others, damaged by the flashfloods and REPLACE  them with new ones upon submission of the necessary request by the concerned RTC branches for the purpose; 

(c) DIRECT the Statistical Reports Division of the Court Management Office to EXTEND any assistance to RTC, Branches 75, 76 and 77 whenever the latter request for the production of certified true copies of their respective docket inventories for the past five (5) years on all cases previously submitted to the former relative to the immediate reconstitution of their court records, papers and exhibits after the tragic flood incident; 

(d) DECLARE that the instant petition and approval thereof shall be applicable only to RTC, Branches 75, 76 and 77, San Mateo, Rizal to the exclusion of those lower courts which are not similarly situated and still governed by the mandatory specific guidelines on disposal and/or destruction set forth under Administrative Order No. 170-2008 dated November 11, 2008 and its amendments pursuant to Administrative Order Nos. 169-2009 and 36-2011 dated December 8, 2009 and February 25, 2011, respectively, with respect to court records, papers and exhibits, as well as the Revised Administrative Circular No. 7-2004 and Memorandum Order No. 31-2004 dated March 3 and June 18, 2004, respectively, for the disposal of court properties; 

(e) DIRECT the Process Servicing Unit to FURNISH the National Archives of the Philippines, through its Records Management Services Division and the Commission on Audit, through its Regional Office No. IV with all the Court resolutions that will be issued for this request for their information, guidance and repository recording of this extraordinary and exceptional case affecting court properties and records, papers and exhibits of the trial courts concerned; and

(f) TREAT the exceptional case of RTC, Branches 75, 76 and 77, San Mateo, Rizal as one of the pressing issues that need to be discussed by the Committee on Computerization and Library, particularly when it threshes out matters affecting property and records management of the lower courts."cralaw

Very truly yours,

(Sgd.) ENRIQUETA E. VIDAL
Clerk of Court