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[A.M. No. 96-7-248-RTC. November 16, 1999]
REPORT ON THE JUDICIAL AUDIT CONDUCTED IN RTC-Br. 23, MOLAVE, ZAMBOANGA DEL SUR
EN BANC
Gentlemen:
Quoted hereunder, for your information, is a resolution of this Court dated NOV 16, 1999.
A.M. No. 96-7-248-RTC(Report on the Judicial Audit Conducted in RTC Branch 23, Molave, Zamboanga del Sur.)
On January 24 to 30, 1996, the Office of the Court Administrator (OCA) conducted a judicial audit of the cases pending in the Regional Trial Court, Branch 23, Molave, Zamboanga del Sur, presided by Judge Camilo E. Tamin.
The audit team found a total of 281 cases pending in Judge Tamin's sala; 199 of these were criminal cases and 82 were civil cases. There were 92 criminal cases involving 110 detention prisoners as of January 24, 1996. Excluded from these figures are 44 cases that were not presented to the audit team at the time of the audit, 38 criminal and 6 civil cases.
Of the 281 pending cases, the audit team discovered that five cases, one criminal and four civil, remained undecided beyond the 90-day reglementary period while 12 civil cases were unacted upon despite the lapse of considerable time.
The audit team noted that on June 30, 1993, Judge Tamin was designated as assisting judge of the RTC, Zamboanga City, per Administrative Order No. 108-93.
In a resolution dated August 20, 1996, we directed Judge Tamin to:
(1) explain in writing why no administrative sanctions should be imposed against him for his failure to decide five cases on time; (2) inform the Court of the dates he rendered his decisions on 16 particular cases; (3) take cognizance of Criminal Case No. 90-10,048, last set for promulgation on August 23, 1984; (4) act on 13 particular cases which had remained unacted upon despite the lapse of a long time; and (5) give preferential attention to the 92 criminal cases pending in his sala that involved 110 detention prisoners.
In the same resolution we revoked, effective immediately, Judge Tamin's designation as assisting judge in the RTC, Zamboanga City, to allow him to devote sufficient time to affairs in his own sala. At the same time, we directed the clerk of court of RTC, Molave, Branch 23, to apprise us of the status of the 44 cases that were not presented to the audit team.
In a written explanation dated September 20, 1996, and received by the OCA on October 2, 1996, Judge Tamin clarified that he was able to decide on time the five cases referred to in our resolution. His explanation regarding the dates of his decisions on 16 cases and concerning cases that were unacted upon was contained in a separate written compliance dated September 24, 1996, and received by the OCA on October 8, 1996.
With regard to the large number of criminal cases pending in his sala, involving an equally large number of detention prisoners, Judge Tamin explained that the public prosecutor and public defender assigned to Branch 23 are also assigned to other RTC branches and since there are also only three lawyers in private practice in his district, often with conflicting hearing schedules, scheduling hearings of cases in his sala is difficult. Besides, the distance from Ozamis and Pagadian cities to Molave does not encourage lawyers from the two cities to appear in cases pending before the court in Molave. Serving court processes is also a problem, particularly to those living in the mountains and the hinterlands.
On the other hand, the branch clerk of court sent the OCA a separate status report on the 44 cases not presented to the audit team.
In a resolution dated November 19, 1996, we referred the matter to the OCA for evaluation, report, and recommendation.
In its report, the OCA noted that Judge Tamin had fully complied with the directive of the Court contained in the resolution of August 20, 1996. It also noted that the branch clerk had accounted for all the 44 cases not examined by the audit team. The OCA found satisfactory Judge Tamin's explanation regarding the 92 criminal cases and recommended that Judge Tamin be directed to submit periodic reports on the status of the said cases.
We are in full accord with the findings and recommendation of the OCA. The Court is not unmindful of the difficulties being encountered by Judge Tamin, none of which is of his own making. We particularly note the fact that only one public prosecutor as well as one public defender is assigned to several courts in Zamboanga, which could have no other effect than to hamper the speedy trial and disposition of cases. We also note that Judge Tamin had earlier been designated assisting judge in Zamboanga City, which could have considerably affected his workload. That designation had since been revoked.
WHEREFORE, Judge Camilo E. Tamin, Regional Trial Court, Branch 23, Molave, Zamboanga del Sur, is hereby directed to SUBMIT to this Court a REPORT on the status of the 92 criminal cases involving 110 detention prisoners, pending in his sala at the time of the judicial audit conducted on January 24-30, 1996, within 10 days from receipt of a copy of this resolution. Judge Tamin is further required to submit thereafter quarterly reports, until all the criminal cases referred to are terminated.
Very truly yours,
LUZVIMINDA D. PUNO
Clerk of Court
(Sgd.) MA. LUISA D. VILLARAMA
Asst. Clerk of Court
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