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[A.M. No. 02-3-01-SB.April 30, 2002]
RE:REQUEST OF JUSTICE ONG
EN BANC
Gentlemen:
Quoted hereunder, for your information, is a resolution of this Court dated APR 30 2002.
A.M. No. 02-3-01-SB (O.C. No. 02-08)(Re:Request of Justice Gregory S. Ong, Acting Chairman, First Division, Sandiganbayan.)
Subject for resolution is the letter of Associate Justice Gregory S. Ong, Acting Chairman, First Division, Sandiganbayan, dated 6 March 2002, requesting clarification and guidance on the distribution or assignment of cases that have been submitted recently for decision in their Division.
In his Letter Associate Justice Ong raised the issue on who should be included in the distribution or assignment for decision writing of these newly submitted cases for decision in their Division considering that in A.M. No. 00-8-05-SC (Re: Problem of Delay in Cases Before the Sandiganbayan) Presiding Justice Francis E. Garchitorena, regular Chairman of the First Division, was relieved by the Supreme Court effective 1 December 2001 of "his powers, functions and duties as the Presiding Justice, Sandiganbayan, and from presiding over the trial of cases as a justice and Chairman, First Division, so that he may DEVOTE himself exclusively to DECISION WRITING, until the backlog of cases assigned to him as well as cases not assigned to any ponente, of which he shall be deemed the ponente in the First Division, are finally decided," and consequent designation of Associate Justice Francisco H. Villaruz, Jr., a regular member of the Fifth Division, as special member ("warm body") of the First Division to complete its required quorum.
On 12 March 2002 the Court En Banc referred the matter contained in the letter of Associate Justice Ong to the Oversight Committee for appropriate action.
On 19 April 2002 the Oversight Committee resolved to invite Acting Presiding Justice Minita V. Chico-Nazario and Associate Justices Catalino R. Casta�eda, Jr. and Gregory S. Ong to a dialogue in the En Banc conference room of this Court to address the issue.
On 29 April 2002 the Committee met with Acting Presiding Justice Nazario and Associate Justices Casta�eda and Ong and resolved not to include Associate Justice Villaruz in the distribution or assignment of these new submitted cases for decision as he is merely a "warm body" in the first Division and has his own load of cases to resolve as a regular member of the Fifth Division.It was further resolved that Presiding Justice Garchitorena be included instead in the assignment of the newly submitted cases for the decision because although he was relieved by the Court of all his functions as Presiding Justice from presiding over the trial of cases so that he may devote himself exclusively to decision writing, such order was not intended to put him in a better situation as to relieve him of the duty to decide cases subsequently submitted for decision where he participated in the trial.
IN VIEW WHEREOF, upon recommendation of the Oversight Committee, this Courts directs the First Division of the Sandiganbayan to include Presiding Justice Francis F. Garchitorena in the distribution or assignment of newly submitted cases for decision together with its regular members, Associates Justice Catalino R. Castaneda, Jr.and Gregory S. Ong, in accordance with established procedure.
Very truly yours,
LUZVIMINDA D. PUNO
Clerk of Court
(Sgd.) MA. LUISA D. VILLARAMA
Asst. Clerk of Court
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