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567 Phil. 129
EN BANC
[ A.M. No. RTJ-06-2010, January 30, 2008 ]
MARISSA R. MONDALA, LEGAL RESEARCHER, REGIONAL TRIAL COURT, BRANCH 136, MAKATI CITY, COMPLAINANT, VS. PRESIDING JUDGE REBECCA R. MARIANO, REGIONAL TRIAL COURT, BRANCH 136, MAKATI CITY, RESPONDENT.
RESOLUTION
YNARES-SANTIAGO, J.:
In the Decision dated January 25, 2007, respondent Judge Rebecca R. Mariano of the Regional Trial Court (RTC) of Makati City, Branch 136, was found guilty of misrepresenting that she had decided the case of "Amanet, Inc. v. Eastern Telecommunication" as of January 2005 and of making inaccurate entries in the monthly reports. Respondent judge was meted the penalty of fine of P40,000.00, with warning that commission of the same or similar offense will be dealt with more severely. Respondent judge moved for reconsideration but was denied with finality on February 27, 2007.
In the meantime, or on January 31, 2007, the Office of the Court Administrator (OCA) submitted a Memorandum for the Court's consideration which contained the report of the team which conducted the judicial audit and physical inventory of pending cases at the RTC, Branch 136, Makati City, presided by respondent judge. The OCA recommended that respondent judge be directed to:
In a Memorandum dated June 8, 2007, the OCA recommended that: a) respondent judge be adjudged administratively liable for undue delay in rendering decisions and be fined in the amount of P20,000.00; and b) she be directed to decide with dispatch the cases covered by this administrative matter and furnish the OCA with copies of the decision within 10 days from its rendition.
In the herein assailed Resolution dated July 3, 2007, the Court adopted the OCA's recommendations and resolved to:
Moreover, she prays that the Decision dated July 25, 2007 imposing on her a fine of P40,000.00 be reconsidered in light of her admission of her oversight vis-a-vis the case of Amanet, Inc. v. Eastern Telecommunications, Inc. and her lack of malicious intent to deliberately misrepresent the status of said case and other undecided cases. She also prays that her 43 years of public service; the fact that this is her first infraction; her failing health and her impending compulsory retirement in October 2008; be considered as mitigating circumstances.
The motion for reconsideration is partly granted.
It appears from the records that the infractions mentioned in the Resolution of July 3, 2007 and for which a fine of P20,000.00 is being imposed, were the same infractions for which respondent judge was previously fined P40,000.00, pursuant to the Decision dated January 25, 2007. Accordingly, the July 3, 2007 Resolution is hereby set aside.
Anent the fine of P40,000.00 earlier imposed upon respondent judge, records show that a motion for reconsideration was filed but it was denied with finality on February 27, 2007. In fact, respondent judge has paid the amount of P40,000.00 to the Court's Cash Collection and Disbursement Division on April 11, 2007 per O.R. No. 7402054.
ACCORDINGLY, the Motion for Reconsideration of Judge Rebecca R. Mariano, Regional Trial Court, Makati City, Branch 136, is PARTLY GRANTED. The Resolution dated July 3, 2007 imposing on her a fine of P20,000.00 is REVERSED and SET ASIDE.
SO ORDERED.
Puno, C.J., Quisumbing, Sandoval-Gutierrez, Carpio, Austria-Martinez, Corona, Carpio-Morales, Azcuna, Tinga, Velasco, Jr., Nachura, Reyes, and Leonardo-De Castro, JJ., concur.
Chico-Nazario, J., on official leave.
In the meantime, or on January 31, 2007, the Office of the Court Administrator (OCA) submitted a Memorandum for the Court's consideration which contained the report of the team which conducted the judicial audit and physical inventory of pending cases at the RTC, Branch 136, Makati City, presided by respondent judge. The OCA recommended that respondent judge be directed to:
On February 20, 2007, the Court noted OCA's Memorandum and adopted its recommendations. On March 15, 2007, respondent judge submitted her Compliance with the February 20, 2007 Resolution which was referred by the Court to the OCA for evaluation, report and recommendation.
- TAKE APPROPRIATE ACTION on the following cases:
A.1. Cases without initial action since the time of filing:
A.2. Cases which have not been set for hearing for a considerable length of time:
2. 05-1080 C. Arinto vs. M. Arinto Declaration of Nullity of Marriage
A.3. Cases without further action for a considerable length of time due to the non-compliance by public prosecutors/parties concerned with the Court's directive:
- RESOLVE the pending motions/incidents submitted for resolution in these cases and FURNISH this Office copy of the resolution/order within ten (10) days from their resolution:
CRIMINAL CASES
1. 06-1140
2. 06-1141
3. 06-1142E. Gipan, et al. Violation of R.A. 8049 CIVIL CASES
- DECIDE with DISPATCH the criminal and civil cases below and FURNISH this Office copy of the decisions/orders within ten (10) days from their promulgation/rendition:
CRIMINAL CASES
1. 02-1877 J. Beltran, et al. Estafa 2. 04-2319 M. Nicos, et al. Grave Coercion 3. 05-1113 J. Payaon, et al. Theft CIVIL CASES
- EXPLAIN within fifteen (15) days from receipt why she should not be held administratively liable for not resolving/deciding the following criminal and civil cases submitted for resolution/decision, within the reglementary period, to wit:
D.1. Cases Submitted for Resolution which are already beyond the reglementary period to resolve:
CRIMINAL CASES
D.2. Cases submitted for decision which are already beyond the reglementary period to decide:CRIMINAL CASES
CIVIL CASES
In a Memorandum dated June 8, 2007, the OCA recommended that: a) respondent judge be adjudged administratively liable for undue delay in rendering decisions and be fined in the amount of P20,000.00; and b) she be directed to decide with dispatch the cases covered by this administrative matter and furnish the OCA with copies of the decision within 10 days from its rendition.
In the herein assailed Resolution dated July 3, 2007, the Court adopted the OCA's recommendations and resolved to:
(a) ADJUDGE Judge Rebecca B. Mariano administratively liable for undue delay in rendering decisions and orders;On November 14, 2007, respondent judge filed the instant Motion for Reconsideration with Motion for Leave to Admit Motion for Reconsideration. Respondent judge alleges that the infractions for which she was being fined in the amount of P20,000.00 were the same infractions for which she was previously fined P40,000.00. She thus prays that the Resolution dated July 3, 2007 imposing a fine of P20,000.00 be reversed and set aside.
(b) FINE Judge Mariano in the amount of Twenty Thousand Pesos (P20,000);
(c) DIRECT Judge Mariano to DECIDE WITH DISPATCH the cases covered by this administrative matter;
(d) FURNISH the Office of the Court Administrator with copies of the decision within ten (10) days from their rendition; and
(e) NOTE the Letter dated June 19, 2007 of respondent Judge Rebecca R. Mariano, in compliance with the resolution of February 20, 2007 furnishing the Court with copy of the decision in SP Proc. Case No. M-6158, Civil Case No. 00-318 and Civil Case No. 03-264.
Moreover, she prays that the Decision dated July 25, 2007 imposing on her a fine of P40,000.00 be reconsidered in light of her admission of her oversight vis-a-vis the case of Amanet, Inc. v. Eastern Telecommunications, Inc. and her lack of malicious intent to deliberately misrepresent the status of said case and other undecided cases. She also prays that her 43 years of public service; the fact that this is her first infraction; her failing health and her impending compulsory retirement in October 2008; be considered as mitigating circumstances.
The motion for reconsideration is partly granted.
It appears from the records that the infractions mentioned in the Resolution of July 3, 2007 and for which a fine of P20,000.00 is being imposed, were the same infractions for which respondent judge was previously fined P40,000.00, pursuant to the Decision dated January 25, 2007. Accordingly, the July 3, 2007 Resolution is hereby set aside.
Anent the fine of P40,000.00 earlier imposed upon respondent judge, records show that a motion for reconsideration was filed but it was denied with finality on February 27, 2007. In fact, respondent judge has paid the amount of P40,000.00 to the Court's Cash Collection and Disbursement Division on April 11, 2007 per O.R. No. 7402054.
ACCORDINGLY, the Motion for Reconsideration of Judge Rebecca R. Mariano, Regional Trial Court, Makati City, Branch 136, is PARTLY GRANTED. The Resolution dated July 3, 2007 imposing on her a fine of P20,000.00 is REVERSED and SET ASIDE.
SO ORDERED.
Puno, C.J., Quisumbing, Sandoval-Gutierrez, Carpio, Austria-Martinez, Corona, Carpio-Morales, Azcuna, Tinga, Velasco, Jr., Nachura, Reyes, and Leonardo-De Castro, JJ., concur.
Chico-Nazario, J., on official leave.