ChanRobles Virtual law Library

[ A.M. No. 98-6-201-RTC. April 20, 1999]

RE: REPORT ON THE JUDICIAL AUDIT IN RTC - BRS. 10, 11 & 12.

EN BANC

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated APR 20. 1999.

A.M. No. 98-6-201-RTC (Re: Report on the Judicial Audit conducted in the RTC - Brs. 10, 11 & 12; MCTC, Sibalom-San Remigio-Belison and MCTC, Patnongon-Bugasong-Valderama, in all the province of Antique.)

On 13 October 1998 we resolved to set aside our Resolution of 21 July 1998 insofar as it ordered the return of Judge Bonifacio Sanz Maceda, Acting Presiding Judge of RTC-Br. 57, Makati City, Stenographer Marilyn Surbilla and Utility Worker Maximo Ecleo to their official station in RTC-Br. 12, San Jose, Antique, and the withholding of the salary checks of Judge Maceda.

On 16 December 1998 Judge Maceda wrote the Court requesting that he be detailed to RTC-Br. 60, in addition to Br. 57 where he was then detailed, in order to work for his permanent appointment in Metro Manila. Considering that a regular judge has already been appointed for RTC-Br. 57, Makati City, the request of Judge Maceda should then refer only to RTC - Br. 60, Makati City.

However when the request of Judge Maceda was referred to the Office of the Court Administrator, the latter recommended instead that our Resolution of 13 October 1998 be considered and set aside and that Judge Maceda be directed to return to his official station in San Jose, Antique. It may be recalled that Judge Maceda, his Stenographer Surbilla and Utility Worker Ecleo were the subject of administrative orders withdrawing them from their station in Antique and detailing them first in Biliran, then in Las Piñas, and later in Makati they are now assigned.

In the meantime, however, RTC-Br. 57 was filled up with a permanent judge leaving Judge Maceda no option but to seek another branch to which he can detailed and he suggests RTC-Br. 60 which is presently vacant except that a judge from Makati is detailed thereat but who has expressed his desire to be relieved therefrom. Judge Maceda informs us that he has already conferred with the Executive Judge of Makati as well as the judge detailed to Br. 60 and that both welcome his assignment to Br. 60 or to any other vacant sala in Makati.

After a painstaking review of the records, we find no compelling reason to set aside our Resolution of 13 October 1998. In his Letter-Explanation earlier filed with the Court, Judge Maceda made known his reasons behind his desire to stay away from his official station. Suffice it to say that based thereon, we agree with Judge Maceda that, aside from his own personal reasons, he will no longer be effective as a dispenser of justice in his official station. It may be worth stating that Judge has been very efficient in the performance of his official duties wherever he is assigned.

In a related development, on 21 July 1998 we required Judge Benjamin P. Martinez to explain his failure to decide cases which were submitted to him for decision, which resulted in the withholding of his salary checks. But Judge Martinez, in his letter of 22 January 1999, informed the Court that he had already disposed of all those cases submitted to him for decision as shown in his letters of transmittal to the RTC-Br. 11, Antique. Judge Martinez having already complied with our Resolution of 21 July 1998, the Office of the Court Administrator has no more reason to withhold any further the salary checks of Judge Martinez.

WHEREFORE, our Resolution of 13 October 1998 STANDS and the motion for reconsideration of the Office of the Court Administrator is DENIED. The Office of the Court Administrator is ADVISED henceforth to refrain from seeking reconsideration of our orders and resolutions which reflect the collective sentiment of the Court unless there is a cogent reason to do so, which we find wanting in this case.

The request of Judge Bonifacio Sanz Maceda contained in his letter of 16 December 1998 to be detailed to branch RTC-Br. 60 (RTC-Br.57 mentioned in his letter-request having already been filled) is GRANTED; consequently, he is detailed thereat until he is made permanent either in the same branch or any other branch to which he may be appointed.

The motion to release all the withheld salary checks and benefits of Judge P. Martinez is also GRANTED.

The Office of the Court Administrator is DIRECTED to ensure the proper observance and immediate implementation of this Resolution.

Very truly yours,

LUZVIMINDA D. PUNO
Clerk of Court

Back to Home | Back to Main

CLICK HERE FOR THE LATEST SUPREME COURT JURISPRUDENCE