ChanRobles Virtual law Library

[A.M. No. 04-9-494-RTC.� December 13, 2004]

RE: Cases Left Undecided by Judge Ernesto A. Reyes

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated DEC 13 2004.

A.M. No. 04-9-494-RTC (Re: Cases Left Undecided by Judge Ernesto A. Reyes, RTC, Branch III, Pasay City .)

R E S O L U T I O N

Considering the Report of the Office of the Court Administrator dated September 3, 2004 on the application of Judge Ernesto A. Reyes for certificate of clearance, his application for optional retirement having been approved in the resolution of the Second Division dated August 2, 2004 in Administrative Matter No. 11590-RET, stating that:

�. . . records show that the RTC, Pasay City, has not been regularly submitting its Monthly Report of Cases and Docket Inventory of Cases; per Statistical Reports Division, there are thirty-six (36) cases submitted for decision before Judge Reyes, twenty-three (23) of which are beyond the reglementary period to decide; in his compliance dated 17 June 2004, Acting Clerk of Court Ricardo R. Adolfo raised the following reasons for the delay in submission of monthly reports, to wit: he prepared drafts of decisions as requested by Judge Reyes to lessen the backlog of the latter's retirement, and the systems failure of the office computer; on 18 March 2004 Mr. Adolfo issued a Certification of no pending case submitted for decision has remained unresolved by Judge Reyes; the Monthly Report of Cases of Mr. Adolfo showed a cover-up of cases already submitted for decision as of October 2003 but was not reflected, as verified from the list of cases thereon, in the subsequent months from October 2003 up to March 2004 showing cases already submitted for decision as early as 2001; and Judge Reyes is liable for undue delay in rendering judgment on the twenty-three (23) cases prior to his optional retirement under Sec. 9(1), Rule 140, as amended, of the Revised Rules of Court . . .

the Court resolves to (a) re-docket this case as a regular administrative matter against Judge Ernesto A. Reyes for failure to decide the twenty three (23) cases submitted for decision within the reglementary period; (b) to withhold the amount of P20,000.00 from his retirement benefits to answer for any penalty, if any, that may be imposed against him; and (c) Officer-In-Charge, Mr. Ricardo R. Adolfo, Regional Trial Court, Branch III, Pasay City is DIRECTED to EXPLAIN why no administrative charge shall be filed against him for not faithfully reflecting in the monthly Report of Cases for the last quarter of the year 2003 the list of cases submitted for decision before Judge Ernesto A. Reyes and for having issued a Certification dated March 18, 2004 to the effect that no pending case submitted for decision has remained unresolved by Judge Reyes.

Very truly yours,

(Sgd.) LUDICHI YASAY-NUNAG
Clerk of Court

Back to Home | Back to Main

CLICK HERE FOR THE LATEST SUPREME COURT JURISPRUDENCE