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[A.M. No. 98-3-91-RTC.February 22, 2000]
REPORT ON THE JUDICIAL AUDIT CONDUCTED IN RTC BRANCH 31, et al.
EN BANC
Gentlemen:
Quoted hereunder, for your information, is a resolution of this Court dated FEB 22 2000 .
A.M. No. 98-3-91-RTC(Report on the Judicial Audit Conducted in the Regional Trial Court, Branch 31, Dumaguete City and the Municipal Trial Court, Minglanilla, Cebu.)
This concerns the report of the audit team from the Office of the Court Administrator (OCA) on the judicial audit and physical inventory of cases conducted by it on December 14 - 18, 1997 in the Regional Trial Court, Branch 31, Dumaguete City and the Municipal Trial Court, Minglanilla, Cebu.The team, composed of retired Justice Romulo S. Quimbo (consultant), Any. Marian J. Santos-Carpina (Team Leader), Ma. Rowena R. Dimson, and Rosemarie D. Labro, found, among others, cases of inefficiency in the manner in which the records of cases in the MTC, Minglanilla, Cebu, are kept. The findings are set forth in the following portion of the memorandum of the OCA:
The team . . . noted the inefficiency of the court's staff headed by Ms. [Josefina R.] Hermosa, the Branch Clerk of Court.Apart from having records of cases which lack updating and inaccurate list of cases for November 1997, there were also some discrepancies with respect to the reported case number and the actual case number of criminal cases, to wit:
TITLE������������������������������������������������������������ REPORTED������������������������������������� ACTUAL
����������������������������������������������������������� CASE NO.����������������������������������������� CASE NO.
1. PP v. Romulo Larambre��������������������������� 2817��������������������������������������������������� 2791
2. PP vs. Luis Abella &
Renato Abella����������� ����������������������������������� 2747��������������������������������������������������� 2817
3. PP vs. Jose Marie Gimenez��������������������� 2713��������������������������������������������������� 2752
4. PP vs. Estrella Reston������������������������������ 2538��������������������������������������������������� 2558
5. PP vs. Navaez������������������������������������������������������������������������������������������������������� 2538
(OCA Memorandum, dated February 16, 1998)
Ms. Josefina Hermosa, Clerk of Court of the MTC, Minglanilla, Cebu was required to explain the inaccuracies in her listing of cases for November 1997. In reply, she explained in her letter dated June 9, 1998:
[O]mission o[f] some cases in list of pending cases for November 1997 was because there were disposed cases taken out from file for reference and [were] mixed [with] the active cases and were included in the audit, as can be seen in the last order hereto attached.
����������� Criminal Cases No. 2841 and 2842 [were] inadvertently excluded from the list of pending cases because the two cases were archived on August 17, 1997 and the Staff/Clerk failed to enter [them] in the list after it was revived, the same was true in Crim. Case No. 2501, attached also are copies of order for archived [sic] while Crim. Case No. 2999 was not found in the list due to honest mistake but it was docketed and reported in the month of December 1997.
In its memorandum, dated November 5, 1998, the OCA claims that the explanation given by Clerk of Court Hermosa -
all the more highlighted the incompetence of the staff of [the] MTC, Minglanilla, Cebu.Although we understand that the court is undernamed, with two stenographer positions being vacant up to this moment[,] it was the observation of the team that only Ms. Hermosa assisted the court's lone stenographer apart from attending to her duties as the branch clerk of court of the MTC, Minglanilla, Cebu.
As for the other members of the court's staff, to wit: Juanito M. Suico, Interpreter; Stephen R. Cabrera, Court Stenographer; Genevie[r]e F. Kyamko, [Clerk II]; and Azarias C. Ca�oneo, Junior Process Server; and Jose M. Agosto, Utility Worker, their lack of cooperation and initiative should not be countenanced.They ought to know their respective duties and responsibilities to the court and to the public.
The OCA recommends that the following personnel of the MTC, Minglanilla, Cebu be reprimanded:Clerk of Court Josefina R. Hermosa, Interpreter Juanito M. Suico, Court Stenographer Stephen R. Cabrera, Clerk II Geneviere F. Kyamko, Process Server Azarias C. Ca�oneo, and Utility Worker Jose M. Agosto.
On February 16, 1999, the Court required the aforesaid personnel to comment on the observation of the OCA that the staff of the MTC, Minglanilla, Cebu failed to extend cooperation and assistance to each other were inefficient in the performance of their duties.
In their consolidated comment, dated March 6, 1999, said court employees claim that they have been regularly performing their duties and that any shortcoming cited by the OCA was due to causes beyond their control.They also state that while they regret the negative findings of the OCA audit team, they nevertheless resolve to strive harder in improving their service to the public.
In its memorandum, dated January 12, 2000, the OCA reiterates its recommendation that the said personnel be reprimanded, viz.:
A negative report is rarely welcome, particularly, when it has bearing on an employee's performance of his/her duties and functions.However, the "negative" findings of the audit team just recorded what and how they found each and every case file and court books/records.Considering the nature of the cases filed at this level, rarely are case files voluminous.So, it was not exactly difficult for the team to find out the state of the case records (expediente) as well as the court books/records.After all, the court had only more than 200 cases.The possibility is very remote that said findings could have been brought about by biases, prejudices and pre-judgment against the staff of [the] MTC, Minglanilla, Cebu, whom they barely knew....However, the state of the expediente and the court books could not be ignored.We can tell the lack of attention given them.
The Comments of the Clerk of Court (Ms. Hermosa) were as telling.She admitted the omissions and inadvertence committed by her and/or her staff.If the personnel tasked to perform were doing their job, the records would have been updated, there should have been minutes and stenographic notes of the hearing[s] conducted.There should not have been inconsistencies in their reports or omitted cases in their reports if the court books and records were in order.
The foregoing observations and recommendations are well taken.An efficient and effective judiciary is possible only if every member thereof is dedicated to the highest standards of public service.As well observed by the OCA audit team, the inaccurate inventory and the poor state of the court books and records are proof that the members of the staff of the MTC, Minglanilla, Cebu have been remiss in the performance of their duties.The fact that they are undermanned is not an excuse for their shortcomings.If at all, was an opportunity for them to show their initiative and to extend greater cooperation towards each other.They need to be reminded that the image of a court of justice is reflected in its personnel, from the judge to the lowest of its employees.(Dicdican v. Fernan, Jr., 268 SCRA 69 (1997))
WHEREFORE , the Court RESOLVED to REPRIMAND Clerk of Court Josefina R. Hermosa, Interpreter Juanito M. Suico, Court Stenographer Stephen R. Cabrera, Clerk II Geneviere F. Kyamko, Process Server Azarias C. Ca�oneo, and Utility Worker Jose M. Agosto, all of the Municipal Trial Court, Minglanilla, Cebu, for inefficiency and carelessness in the performance of their duties.They are warned that repetition of the same or similar offense will be dealt with more severely.
There being no other pending incident in this case, let the same be closed and terminated.Buena, J., is on leave.
Very truly yours,
LUZVIMINDA D. PUNO
Clerk of Court
(Sgd.) MA. LUISA D. VILLARAMA
Asst. Clerk of Court
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