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[A.M. No. 00-8-05-SC.September 10, 2002]

RE:PROBLEM OF DELAYS IN CASES BEFORE THE SANDIGANBAYAN

EN BANC

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated 10 SEPT 2002.

A.M. No. 00-8-05-SC (Re: Problem of Delays in Cases Before the Sandiganbayan.)

In our Resolution en banc dated August 13, 2002, we resolved to:

"1.������� REQUIRE Presiding Justice Francis E. Garchitorena:

to show cause within ten (10) days from receipt of copy of herein Resolution why no disciplinary action or other administrative sanction should not be taken against him for failure to submit: (a) the list of cases submitted for decision that are still pending with him including those that were "unassigned, unaccounted for or unreported"; and (b) copies of the decisions listed in his Compliance dated July 18, 2002;

2.�������� REQUIRE Presiding Justice Francis E. Garchitorena:

a.�������� to explain why the Resolutions and Decisions enumerated in his Compliance were not promulgated immediately upon release thereof; and

b.�������� to explain why Criminal Case No. 25494 (People v. Vernette Umali-Paco), Civil Case No. 0023 (Republic v. Luz Bakunawa) and Criminal Case No. 26018 (People v. Eric Labrador, et al.) which are not in the list of undecided cases assigned to him per the Compliance Report of OCA Consultant Pedro A. Ramirez, dated January 26, 2001, were decided by him ahead of and giving precedence over the unresolved cases that were submitted for decision as early as 1990 up to 1999, and directed by this Court to be decided by him in our Resolution en banc dated November 28, 2001 within six (6) months from November 29, 2001;

both within ten (10) days from receipt of copy of herein Resolution, under pain of contempt of court;

3. ������� GRANT movant Presiding Justice Garchitorena a non-extendible period of extension up to September 30, 2002 within which to decide all the unresolved cases submitted for decision as enumerated in the text of herein Resolution, with a stern warning that proper disciplinary action will be taken against him if he fails to do so."

Presiding Justice Garchitorena submitted the following:

1.�������� Manifestation and Compliance dated August 15, 2002, received by this Court on August 20, 2002;

2.�������� Urgent Manifestation and Supplement Compliance dated August 22, 2002 and received by this Court on the same date;

3.�������� Compliance dated August 23, 2002 and received by this Court on the same date.

As to item no. I of the Resolution, PJ Garchitorena admits in his Manifestation and Compliance that he failed to submit the list of cases submitted for decision that were "Unassigned, Unaccounted for or Unreported" and apologizes therefor. He attached thereto a list of unassigned cases submitted for decision numbering 37. Said list tallies with the number of cases that have not yet been decided by him as of the date of our Resolution dated August 13, 2002.However, we noted a discrepancy between the date submitted for decision as reported by Justice Ramirez and those reported by PJ Garchitorena as follows:

Date Submitted for Decision

Case Number����� Reported by OCA���������������� Reported by PJ Garchitorena

����������� 1.�������� 17001������������� September 4, 1997���������������� November 26, 1997

����������� 2.�������� 17600������������� August 30, 1997��������������������� April 7, 1998

����������� 3.�������� 17601������������� August 30, 1997��������������������� April 7, 1998

����������� 4.�������� 18696������������� August 9, 1998����������������������� January 15, 1999

����������� 5.�������� 18857������������� October 21, 1998������������������� November 17, 1998

����������� 6.�������� 19059-63�������� February 11, 1999������������������ February 18, 1999

����������� 7.�������� 19534-35�������� September 2, 1998���������������� October 20, 1998

����������� 8.�������� 19708������������� August 25, 1998��������������������� February 23, 1998

����������� 9.�������� 19773-79�������� May 21, 1999�������������������������� October 11, 1999

����������� 10.������ 20688������������� July 9, 1998���������������������������� October 19, 1998

����������� 11.������ 22145������������� July 7, 1999���������������������������� September 6, 1999

����������� 12.������ 22832������������� October 21, 1998������������������� January 29, 1999

����������� 13.������ 23146������������� November 13, 2000��������������� April 30, 2001

����������� 14.������ 23509������������� September 5, 1998���������������� October 19, 1998

����������� 15.������ 23511������������� April 23, 1999������������������������� August 6, 1999

����������� 16.������ 24150������������� January 31, 2000������������������� June 2, 2000

����������� 17.������ 24236-37�������� February 14, 2000������������������ March 16, 2000

����������� 18.������ 24281������������� May 9, 1999���������������������������� August 31, 1999

����������� 19.������ 24319-29�������� November 4, 1999����������������� January 6, 2000

����������� 20.������ 24355������������� February 18, 1999������������������ August 18, 1999

����������� 21.������ 24402������������� June 17, 1999������������������������ August 6, 1999

����������� 22.������ 24433-34�������� September 6, 1999���������������� October 11, 1999

����������� 23.������ 24531-34�������� December 16, 1999��� April 27, 2000

����������� 24.������ 24631������������� August 9, 1999����������������������� August 31, 1999

����������� 25.������ 24768������������� July 8, 2000���������������������������� February 27, 2001

PJ Garchitorena failed to include in the list he submitted the following cases that have been assigned to him and appeared in the Report of Justice Ramirez:

����������������������� Case Number����������������������� Date Submitted

����������� 1.�������� 6672��������������������������� July 11, 1990

����������� 2.�������� 11999������������������������� December 19, 1990

����������� 3.�������� 13015������������������������� July 1, 1991

����������� 4.�������� 13563������������������������� July 4, 1995

The Court notes that there are 11 unassigned cases that were not listed in the report of Justice Ramirez which PJ Garchitorena now reports as pending decision:

����������������������� Case Number����������������������� Date Submitted

����������� 1.�������� 21851������������������������� May 17, 2001

����������� 2.�������� 23128-29�������������������� August 20, 2001

����������� 3.�������� 23596������������������������� October 2, 2001

����������� 4.�������� 24701������������������������� June 29, 2001

����������� 5.�������� 24859-60�������������������� October 2, 2001

����������� 6.�������� 25107������������������������� May 8, 2001

����������� 7.�������� 25190������������������������� February 26, 2001

����������� 8.�������� 25778������������������������� April 30, 2001

����������� 9.�������� 23609-23611�������������� October 23, 2001

����������� 10.������ 23614������������������������� October 23, 2001

����������� 11.������ 24414-24415�������������� October 23, 2001

Moreover, there are "unaccounted or unreported" cases in the list of the report of Justice Ramirez which are not in the list submitted by PJ Garchitorena, thus:

Not accounted for or unreported

����������� 1.�������� 0112��������������������������� January 11, 1992

����������� 2.�������� 0116��������������������������� October 15, 1991

����������� 3.�������� 0156��������������������������� March 14, 1997

����������� 4.�������� 24339������������������������� October 20, 2000

As to his failure to submit copies of decision listed in his Compliance dated July 18, 2002, he alleges in his Compliance dated August 23, 2002 that he sent two (2) folders together with his Compliance dated July 18, 2002, one for resolutions and one for decisions; that according to process server Alexander Valencia of Sandiganbayan, he served both copies with the Docket and Clearance Division, Office of the Court Administrator, on the same date.

As to item no. 2.a of the Resolution - PJ Garchitorena explains that the "date of release" in the tabulations submitted by him refers to the release of the decision from his office for concurrence or dissent by the other members of the Division, that the "dates of release" indicate when he accomplished his task on the item not its release for promulgation by the Division Clerk of Court to the parties or promulgation of the decision in open court; that the promulgation of the resolution takes place soon after the transmittal thereof by the Acting Chairman to the Division Clerk of Court after the members have expressed themselves on it; that he "is totally out of the information loop with respect to the promulgation ofthe resolution or of the decisions".

As to item no. 2.b of the Resolution - PJ Garchitorena gave the following explanations:

"1. ������ The undersigned respectfully states that, indeed, he did not follow any specific order in the rendition of decisions. While the decisions rendered were more or less co-incidental with these in the list of Justice Ramirez, the drafting of the decisions were not guided by any specific preference. The Resolution of November 28, 2001 did not ordain a sequence to be followed. Thus, there were some drafts which could no longer be worked on in the present computer (since the programs had been changed and the drafts were inaccessible); there were cases where drafts were more elaborate, while other were more straightforward so that the review, as well as the redrafting thereof by the undersigned was easier and these Were completed more quickly. Thus, these latter type would come out earlier.

"2. ������ Some drafts were ready when the resolution of November 28, 2001 was promulgated so that these were released in December and in January of 2002 (despite the Christmas holidays and the Motion for Reconsideration which the undersigned had to, and did in fact, prepare With respect to this Honorable Court's Resolution of November, 2001).

"3. ������ Additionally, as the undersigned mentioned in his Clarification and Motion for Reconsideration dated December 21, 200 1, the cases had already been distributed among the members of this Division even before the Resolution of November 28, 2001 so that work on those attributed to the undersigned at that time were attended to also.

"4. ������ Certain decision referred to cases not in the list of Justice Ramirez, it is true. These were earlier covered by a demurrer to evidence such as the case of People vs. Umali-Paco (Criminal Case No. 25494), and by a motion to dismiss, such as the case of Bakunawa (Civil Case No. 0023). They were treated on the assumption, as previously stated, of general responsibility of the undersigned for matters pending before November 28, 2001. There is no specific reason for the case of People vs. Eric Labrador (Criminal Case No. 26018), except that the draft therein was ready and was reviewed and cleaned up by the undersigned more easily.

"(The undersigned begs to inform this Honorable Court that the undersigned has two assistants, one on loan to him and another a new member of the bar on temporary assignment to him. The cases have been divided between them and the drafts submitted by them undergo various degrees of revision depending upon how well the drafts were presented.)"*

As to Item No. 3 of the Resolution - PJ Garchitorena prays that the deadline fixed for September 30, 2002 be extended taking into consideration the following facts which have intervened in the preparation of the decisions:

a) ������� He was made part of the Philippine delegation to a, training course on case, flow management in Japan from June 3 to June 24, 2002;

b) ������� He underwent a foot surgery on January 24, 2002 and on July 25, 2002 for which he was in crutches for about two (2) weeks of which he has not yet fully recovered;

c) ������� His continuing indisposition, as well as the rains in July, which resulted in periodic absences of. some of his staff who were flooded in. They were assisting him in the typing, drafting and research work in depending matters. It has only been in early August when the weather improved that his office was fully operational again;

d) ������� He had spent time in the 18 resolutions Which he assumed he should have attended to but Which under the resolution of the Court En Banc dated August 2, 2002 in G.R. Nos. 147062-64* turned out that he should devote himself exclusively to decision writing as directed in A.M. No. 00-8-05-SC dated November 28, 2001;

e) ������� Technically, the six (6) months period should have been reckoned from January 21, 2002 the date that his Motion for Reconsideration was denied by the Court instead of November 28, 2001.

In view of all the foregoing, we resolve to:

1. ������� DIRECT the Docket and Clearance Division of the OCA to comment on the Affidavit of Service dated August 23, 2002 of Alexander K. Valencia, marked as Annex "1" of the Compliance dated August 23, 2002 of PJ Garchitorena, by September 13, 2002. The Clerk of Court is directed to FURNISH forthwith the Docket and Clearance Division of the OCA with a copy of Annex "1". [Internal Resolution-Not for Release]

2. ������� DIRECT the Division Clerk of Court of the Sandiganbayan to confirm the date of promulgation of the decisions penned by PJ Garchitorena as appearing on the list appended to the folder of decisions submitted by him in connection with his Compliance dated August 23, 2002, a copy of which is hereto attached for easy reference, within a period of five (5) days from notice hereof. [For release]

3. ������� Note the folder of copies of decision submitted by PJ Garchitorena;

4. ������� Note the explanation of PJ Garchitorena as to the discrepancy in the date of release date of promulgation appearing in his tabulation;

5. ������� Consider the explanations of PJ Garchitorena to item no. 2.b of the Resolution dated August 13, 2002 to be UNSATISFACTORY.He is admonished to give priority to the cases that are included in the list of undecided cases assigned to him per the Compliance Report of OCA Consultant Pedro A. Ramirez, dated January 26, 2001;

6. ������� REQUIRE PJ Garchitorena to submit, within five (5) days from receipt of copy of herein Resolution, duly authenticated medical certificates attesting to his surgeries in January and July, 2002.

7.                  Deny PJ Garchitorena's proposal of recomputation of the 6-month period within which to decide all the pending cases assigned to him. The Resolution of-August 13, 2002 giving a non-extendible period up to September 30, 2002 is MAINTAINED; otherwise, more severe disciplinary action will be taken against him.

Sandoval-Gutierrez, J., is on leave.

Very truly yours,

LUZVIMINDA D. PUNO

Clerk of Court

(Sgd.) FELIPA B. ANAMA

Acting Asst. Clerk of Court



Endnotes:

* Compliance, pages 6-8.

* Republic of the Philippines, represented by the Presidential Commission on Good Government (PCGG) v. COCOFED et al. and Ballares et al., Eduardo M. Cojuangco Jr. and Sandiganbayan (First Division)

 


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