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[A.M. No. 02-9-568-RTC. September 15, 2004]

RE: Report on Judicial Audit in RTC, Br. 3, 5, 7, 60 and 61, Baguio City

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated SEP 15 2004 .

A.M. No. 02-9-568-RTC (Re: Report on the Judicial Audit Conducted in the Regional Trial Court, Br. 3, 5, 7, 60 and 61, Baguio City.)

Before the Court is a motion for reconsideration of Judge Edilberto T. Claravall of the Resolution dated February 11, 2004.

In said Resolution, Judge Claravall was found guilty of undue delay in deciding a criminal case beyond the 90-day reglementary period and, thus, he was fined Ten Thousand Pesos (P10,000.00) and admonished to strictly devise an efficient system of court management and personnel supervision, with warning that a similar infraction in the future shall be dealt with more severely. Judge Claravall filed the present motion for reconsideration, praying that the Court consider mere admonition to be a sufficient administrative sanction for the procedural lapse involving only one criminal case; that the Court take into consideration the fact that there was indeed a request made for extension of time to decide said case but the same was not mailed nor presented to the audit team; that the Court should also take into consideration the fact that said request was apparently not mailed nor shown to the audit team because at the time the audit was being conducted, the criminal case docket clerk was on leave; the regular Branch Clerk of Court was no longer around as she was appointed MCTC Judge and the newly designated Branch Clerk of Court, having just assumed her duties, was not aware of said request for extension of time. Had the audit team brought the matter up to respondent Judge Claravall, he himself would have looked for said request for extension of time. Judge Claravall asserts that he would continue to conscientiously and diligently perform the task to dispense justice as expeditiously as he has sworn to do.

The Court finds the foregoing circumstances raised by Judge Claravall as reasonable grounds to reduce the fine imposed on him, but not to do away with such fine.

In view thereof, the Resolution of February 11, 2004 is modified to the effect that the fine imposed on Judge Edilberto T. Claravall is hereby reduced to Three Thousand Pesos (P3,000.00).

SO ORDERED.

Very truly yours,

(Sgd.) LUDICHI YASAY-NUNAG
Clerk of Court

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