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[A.M. No. 01-12-629-RTC.January 15, 2002]
RE:REQUEST OF MR. CUADRA
EN BANC
Gentlemen:
Quoted hereunder, for your information, is a resolution of this Court dated JAN 15 2002.
A.M. No. 01-12-629-RTC(Re: Request of Mr. Melito E. Cuadra, Process Server, RTC, Branch 100, Quezon City, to the RTC, Branch 18, Tagaytay City.)
For consideration is the letter, dated May 24, 2001, of Mr. Melito E. Cuadra, Process Server, Regional Trial Court, Branch 100, Quezon City, reiterating his request of July 4, 1997 for an extension of his detail at the Regional Trial Court, Branch 18, Tagaytay City.
Since October 1995, Cuadra, a resident of Mendez, Cavite, has been on detail to the RTC, Branch 18, in Tagaytay City by virtue of an order of then Deputy Court Administrator Reynaldo L. Suarez. Upon the expiration of his detail on October 12, 1996, Cuadra was granted several extensions to stay there until April 14, 1997. In April 1997, when he again requested for an extension, Assistant Court Administrator Antonio H. Dujua furnished him, for his guidance, a copy of Circular No. 18-97 which prescribes regulations on detail and reassignments of personnel of the lower courts. On July 4, 1997, Mr. Cuadra made another request for extension.His letter remained unacted upon but he nevertheless continued reporting to RTC Branch 18. As in his previous requests, Cuadra, in his request, claims that being a resident of Mendez, Cavite, his detail to the RTC, Branch 18, in Tagaytay City, enables him to save on travel expenses and helps augment his family's income.
In their comments, then Presiding Judge of RTC Branch 100 Hon. Mariano del Castillo, now Justice of the Court of Appeals, and Hon. Alfonso Garcia, of RTC Branch 18, recommend approval of Mr. Cuadra's request on humanitarian grounds.Their recommendation is concurred in by the Office of the Court Administrator in its memorandum of October 29, 2001. The OCA recommends, however, that the extension should be for a non-extendible period of three months only and that, in view of the fact that Cuadra continued his detail to RTC Branch 18 after his last extension expired on April 14, 1997, he be reminded to seek leave from the Court before going on any further detail.
Under Circular No. 18-97, April 18, 1997, the detail of court personnel is allowed only for a period of three months and any extension of the detail thereafter shall be for a period of three months only and may be granted solely for meritorious reasons or when the exigencies and interest of the service require the same. Considering that Mr. Cuadra's stay in Branch 18 since April 14, 1997 is not covered by any previous authority, the Court RESOLVED to authorize the extension of Mr. Melito E. Cuadra's detail to the RTC, Branch 18, Tagaytay City up to April 30, 2002, with warning that no further extension of his detail will be granted. Mr. Cuadra may, however, apply for transfer to any court he thinks will accomplish the purpose of his detail to Tagaytay City.
Very truly yours,
LUZVIMINDA D. PUNO
Clerk of Court
(Sgd.) MA. LUISA D. VILLARAMA
Asst. Clerk of Court
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