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Adm. Matter OCA IPI No. 03-1809-P.
ATTY. JOY MARIE FRANCES CORTES DELA CRUZ, BRANCH CLERK OF COURT V, RTC, BRANCH 253, LAS PI�AS CITY v. ALVIN P. PILIT, CLERK III, RTC, BRANCH 253, LAS PI�AS CITY
Third Division
Sirs/Mesdames:
Quoted hereunder, for your information, is a resolution of this Court dated JAN. 23, 2006
Adm. Matter OCA IPI No. 03-1809-P (Atty. Joy Marie Frances Cortes Dela Cruz, Branch Clerk of Court V, RTC, Branch 253, Las Piñas City v. Alvin P. Pilit, Clerk III, RTC, Branch 253, Las Piñas City)
For consideration is the Resolution dated 17 October 2005 submitted by Judge Leopoldo E. Baraquia, Regional Trial Court (RTC), Las Piñas City, Branch 200.
In her sworn Complaint [1] cralaw dated 24 October 2003, Atty. Joy Marie Frances Cortes Dela Cruz alleged that respondent Alvin Pilit failed or comply with the orders of the Court, thus showing gross negligence, inefficiency and incompetence in the performance of his duties despite several warnings from Presiding Judge Jose F. Caoibes, Jr. She cited specific instances when notices were not sent on time or hearings were reset, certain directives were not timely complied with, allegedly through respondent's fault.
In his Comment, [2] cralaw respondent denied the charges against him and claimed that the instant administrative complaint was filed upon the directive of Judge Jose Caoibes, Jr. He added that most of the resetting of cases was caused by the indisposition of Judge Caoibes and not his alleged poor work attitude.
On 20 October 2004, the Court referred the instant complaint to the Executive Judge of the RTC, Las Piñas City, for investigation, report and recommendation. [3] cralaw
Administrative hearings were thereafter conducted. It appears that the acts complained of were caused by reasons beyond his control, and/or do not fall within the sphere of respondent's official functions. Finding the explanations and arguments of respondent sufficient and satisfactory, the investigating judge declared the allegations of gross inefficiency, negligence and incompetence to be unsubstantiated, and accordingly recommended the dismissal of the instant complaint. [4] cralaw
Finding the recommendation to be in accord with the law and facts of the case on record, the same is APPROVED. The administrative complaint against respondent Alvin P. Pilit (Clerk III), RTC, Branch 253, Las Piñas City is DISMISSED for lack of merit.
Very truly yours,
(Sgd.) LUCITA ABJELINA-SORIANO
Clerk of Court
Endnotes:
[1] cralaw Rollo , pp. 1-3.
[2] cralaw Id. at 19-26.
[3] cralaw Id. at 48.
[4] cralaw Id. at 178-187.
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