Philippine Supreme Court Resolutions > Year 2012 > April 2012 Resolutions > [A.M. No. 11-7-125-RTC, April 10, 2012] RE: JUDICIAL AUDIT AND PHYSICAL INVENTORY OF DECIDED CASES ON PETITIONS FOR DECLARATION OF NULLITY/ANNULMENT OF MARRIAGE, ADOPTION, AND CORRECTION OF ENTRIES IN THE REGIONAL TRIAL COURT BRANCHES 20, 21, 22, IMUS, CAVITE, AND BRANCH 90, DASMARIÑAS, CAVITE :

Please take notice that the Court en banc issued a Resolution dated APRIL 10, 2012, which reads as follows:  cralaw

"A.M. No. 11-7-125-RTC (Re: Judicial Audit and Physical Inventory of decided cases on petitions for declaration of nullity /annulment of marriage, adoption, and correction of entries in the Regional Trial Court Branches 20, 21, 22, Imus, Cavite, and Branch 90, Dasmariñas, Cavite). - For consideration of the Court is a Memorandum of the Judicial Audit Team, endorsed by the Court Administrator, detailing various irregularities revealed by an audit and physical inventory of decided cases on petitions for declaration of nullity/annulment of marriage, adoption, and correction of entries in Regional Trial Court (RTC) Branches 20, 21 and 22, Imus, Cavite; and Branch 90, Dasmariñas, Cavite. The Memorandum contained the following recommendations:

1. That the report of the judicial audit team be treated as administrative complaints against the following:

1. In RTC Branch 20, Imus, Cavite: Presiding Judge Fernando L. Felicen; Clerk of Court V Atty. Allan Sly M. Marasigao; Sheriff IV Anselmo P. Pagunsan, Jr.; Court Stenographers Rosalie Maranan and Teresita P. Reyes; Court Interpreter Imelda M. Juntia; and Process Server Hipolito O. Ferrer
    
2. In RTC Branch 21, Imus, Cavite: Presiding Judge Norberto J. Quisumbing; Clerk of Court Atty. Maria Cristita A. Rivas-Santos; Legal Researcher Manuela O. Osorio; Sheriff IV Filmar M. de Villa; Court Stenographers Marilou Cajigal, Wendilyn T. Almeda, and Helen B. Caralut; Court Interpreter Elenita T. de Villa; and Process Server Elmer Azcueta
    
3. In RTC Branch 22, Imus Cavite; Presiding Judge Cesar A. Mangrobang; Clerk of Court VI Atty. Regalado E. Eusebio; Clerk of Court V Atty. Seter M. dela Cruz-Cordez; Legal Researcher Devina A. Reyes Bermudez; Court Stenographers Priscilla P. Hernandez, Normita Z. Fabia. Merly O. Parcero, and Joyce Ann F. Singian; Court Interpreter Michelle A. Alarcon; and Process Server Elmer S. Azcueta
    
4. In RTC Branch 90, Dasmariñas, Cavite: Executive Judge Perla V. Cabrera-Faller; Clerk of Court Zenaida C. Noguera; Sheriff IV Tomas C. Azurin; OIC Legal Researcher Ophelia G. Suluen; Court Stenographers Jesusa B. San Jose, Rosalina A. Costuna, and Maria Lourdes M. Sapinoso; Court Interpreter Medina S. Ferma; and Process Server Rizalino Rinaldi B. Pontejos. 

2. That the above-named judges and court personnel be directed to file their respective Comments within thirty (30) days from notice

3. That Judges Fernando Felicen, Cesar Mangrobang, and Perla Faller (respective presiding judges of RTC Branches 20, and 22, Imus, Cavite; and Branch 90, Dasmariñas, Cavite) be preventively suspended pending the conduct of investigation on the matter

4. That the following judges be designated as Acting Presiding Judges of the following RTC branches: 

a) As Acting Presiding Judge of RTC, Branch 20, Imus, Cavite — Judge Eduardo Tanguanco, Executive Judge of RTC, Branch 89, Bacoor, Cavite 

b) As Acting Presiding Judge of RTC, Branch 22, Imus, Cavite — Judge Matias Garcia of RTC, Branch 19, Bacoor, Cavite 

c) As Acting Presiding Judge of RTC, Branch 90, Dasmariñas, Cavite — Judge Lerio Castigador

Upon careful review of the Memorandum, we consider the irregularities found by the Judicial Audit Team as sufficient to warrant a full investigation of Judges Fernando Felicen, Norberto Quisumbing, Cesar Mangrobang, Perla Faller and their respective court personnel. We therefore adopt, with modification, the recommendation of the Judicial Audit Team.

As recommended, the report is deemed as administrative complaints against the above-named judges and court personnel, who are hereby required to comment thereon within thirty (30) days from notice. The Office of the Court Administrator (OCA) is directed to conduct a full investigation of the said administrative complaints and to terminate the investigation within sixty (60) days. Thereafter, it is instructed to submit its evaluation, report and recommendation to this Court.

During the pendency of these administrative complaints, all cases for declaration of nullity/annulment of marriage, adoption, and correction of entries which are pending in or will subsequently be filed and raffled to the respective salas of Judges Fernando Felicen, Norberto Quisumbing, Cesar Mangrobang, Perla Faller, shall be transferred to the judges recommended by the OCA to handle the cases for each sala.

Considering that it has not done so, the OCA is directed to recommend the judge in whose sala all cases for declaration of nullity /annulment of marriage, adoption, and correction of entries in Branch 21, Imus, Cavite, shall be transferred during the pendency of the investigation. cralaw

WHEREFORE, the Court ADOPTS, with MODIFICATION, the recommendation of the Judicial Audit Team and, pursuant thereto, RESOLVES  thus:

1. TREAT the Memorandum as administrative complaints against the above-named judges and court personnel;

2. REQUIRE the above-named judges and court personnel to COMMENT thereon within thirty (30) days from notice;

3. DIRECT the Office of the Court Administrator to: 

a) CONDUCT a full investigation of the said administrative complaints within sixty (60) days; and 

b) SUBMIT its evaluation, report and recommendation to this Court after the investigation.

4. PROHIBIT Judges Fernando Felicen, Norberto Quisumbing, Cesar Mangrobang, and Perla Faller from acting on all cases for declaration of nullity /annulment of marriage, adoption, and correction of entries in their respective salas until the OCA investigation is concluded; and

5. TRANSFER all pending cases for declaration of nullity /annulment of marriage, adoption, and correction of entries in the following RTC Branches to the sala of the following DESIGNATED judges until the OCA investigation is concluded: 

a) For RTC, Branch 20, Imus, Cavite — Judge Eduardo Tanguanco, Executive Judge of RTC, Branch 89, Bacoor, Cavite; 

b) For RTC, Branch 21, Imus, Cavite — to be recommended by OCA; 

c) For RTC Branch 22, Imus, Cavite — Judge Matias Garcia of RTC, Branch 19, Bacoor, Cavite; and 

d) For RTC, Branch 90, Dasmariñas, Cavite — Judge Lerio Castigador.

During the pendency of the OCA investigation, all new cases for declaration of nullity /annulment of marriage, adoption, and correction of entries that will subsequently be filed and raffled to RTC, Branches 20, 21 and 22, Imus, Cavite; and Branch 90, Dasmariñas, Cavite, shall be handled by the respective designated judges for each branch, as described above."

Perlas-Bernabe, J., on official leave.

Very truly yours,

(Sgd.) ENRIQUETA E. VIDAL
Clerk of Court