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[ G.R. No. 135101. September 1, 1999]

CRUZ vs. SPS VIDAL

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated SEPT 1 1999.

G.R. No. 135101 (Aladin Cruz vs. Spouses Lazaro and Enriqueta Vidal.)

On 7 September 1998 petitioner Aladin Cruz moved for extension of 30 days from 9 September 1998 to file a petition for review of the decision of the Court of Appeals. On 28 September 1998 the Court movant an extension of 30 days with warning however that no further extension would be granted. On 20 January 1999, it appearing that petitioner ailed to file the intended petition within the extended period, which expired on 9 October 1998, the Court informed the parties that the intended petition had not been filed and considered the case closed and terminated.

On 1 March 1998 petitioner manifested that his intended petition for review was actually filed at 3:00 p.m. on 7 October 1998; consequently, he prayed that the petition be given due course. Upon investigation, it was discovered that petitioner indeed filed a petition for review which was received by Liberato Marinas, Jr., Clerk III, Docket-Receiving Section of the Judicial Records Office, this Court, on 7 October 1998 but for unknown reasons the petition was lost and was not listed in the record book nor encoded in the Court's computer.

In the resolution of 21 April 1999 the Court reinstated the case and directed the Division Clerk of Court to conduct a thorough investigation to determine the administrative liability of the court personnel involved in the loss of the petition.

In compliance therewith, Atty. Tomasita B. Magay-Dris, Clerk of Court, 2nd Division, submitted a report dated 27 May 1999 recommending that Liberato Marinas, Jr. be admonished to exercise greater care and vigilance in the custody of pleadings received by him with warning that a repetition of the same or similar act would be dealt with more severely. Investigation conducted by Atty. Dris revealed that after receiving the petition. Marinas placed it on his desk but could no longer explain how it got lost. He could only surmise that it must have been mixed with other papers and then misfiled.

After deliberating on the positive administrative sanction that the Court may impose on Liberato Marinas, Jr., the Court Resolves to require Atty. Tomasita B. Magay-Dris to furnish Liberato Marinas, Jr., with copy of her report of 27 May 1999 within three (3) days from receipt of this Resolution, and Liberato Marinas, Jr., to comment thereon within fifteen (15) days from receipt thereof, after which the matter should be immediately reported to the Court for appropriate action.

SO ORDERED.

Very truly yours,

(Sgd.) TOMASITA M. DRIS

Clerk of Court

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