562 Phil. 332
GARCIA, J.:
(5) DIRECT Hon. Alden V. Cervantes, Acting Presiding Judge, MTC, Cabuyao, Laguna, to:However, after more than a year had lapsed, Acting Presiding Judge Cervantes failed to comply with the foregoing directives. Hence, the OCA issued a memorandum to him reiterating the Court's directives and required his immediate compliance. Acting Presiding Judge Cervantes, together with Mrs. Elvira B. Manlegro, Acting Clerk of Court, and Mrs. Amelia D. Teñido, Clerk II and former Acting Clerk of Court, was likewise directed to submit to the Statistic Reports Division, Court Management Office-OCA, within one (1) month from notice thereof, the lacking Docket Inventory Reports and Monthly Reports of Cases which should include the data of those cases that had been pending and/or filed before October 1, 2001. In addition, Mrs. Teñido was also directed to assist Judge Cervantes and Mrs. Manlegro in the conduct of physical inventory of cases and in the preparation of the report.(a) INFORM the Office of the Court Administrator (OCA) whether the 31 criminal and 66 civil cases left undecided by Judge Zenaida Galvez aforementioned in item 2(a) and the pending unresolved 13 motions/incidents aforestated in item 2(b) have already been decided and resolved respectively, if not, to DECIDE said cases and RESOLVE said motions/incidents within ninety (90) days from notice and thereafter to furnish this office certified copies of the decisions/resolutions/orders within ten (10) days from promulgation/rendition/issuance thereof;
(b) INFORM the Court through the Office of the Court Administrator whether the court has already taken action on the cases mentioned in item 2(c), 2(d) and 2(e) and if not, to take APPROPRIATE ACTION on said cases giving PREFERENTIAL ATTENTION on these unacted criminal cases which up to date of audit is pending preliminary investigation as well as those which have not been set for arraignment and unacted motions in civil cases;
(c) ARCHIVE those criminal cases where the accused has remained at large for more than 6 months from issuance of warrants of arrest and civil cases where the defendants failed to answer for more than 6 months from issuance thereof pursuant to Administrative Circular No. 7-A-92, as amended dated June 21, 1993;
(d) CONDUCT a physical inventory of all cases pending in said court with the assistance of the Officer-in-Charge, within ten (10) days from notice hereof and submit a report thereon within thirty (30) days from notice.[9]
Acting Presiding Judge Cervantes moved for a reconsideration of said Resolution which immediately withheld his salaries and allowances and those of Acting Clerk of Court Manlegro and former OIC Clerk of Court Teñido. The Court then referred said letter to the OCA for evaluation, report and recommendation.
(a) to IMMEDIATELY WITHHOLD the salaries and allowances of Hon. Alden V. Cervantes, Acting Presiding Judge of the Municipal Trial Court, Cabuyao, Laguna and Acting Clerk of Court Elvira B. Manlegro and former Officer-in-Charge Amelia D. Teñido, also of the Municipal Trial Court, Cabuyao, Laguna; and (b) to DIRECT Judge Alden V. Cervantes, Mrs. Elvira B. Manlegro and Mrs. Amelia D. Teñido:
(1) to SUBMIT the required complete and accurate Monthly Reports of Cases corresponding to the months from October 2001 up to August 2004 and Docket Inventory Reports by semester for the years 2001, 2002 and 2003; and
(2) to EXPLAIN in writing, within thirty (30) days from notice, why they should not be administratively charged for their failure to religiously comply with Administrative Circular No. 61-2001 dated December 10, 2001, Administrative Circular No. 4-2004 dated February 4, 2004 and Administrative Circular No. 10-94 dated June 29, 1994 as amended by Administrative Circular No. 2-2001 dated January 2, 2001, and to COMPLY with the directives in the Resolution dated January 22, 2003 of the SC First Division in this case.
In a letter dated 20 September 2006, Judge Alden V. Cervantes, former presiding judge, Municipal Trial Court (MTC), Alaminos, Laguna and former acting presiding judge, MTC, Cabuyao, Laguna, requests that he be relieved of the task of submitting the revised docket inventory of cases for MTC, Cabuyao, Laguna for the years 2001, 2002, 2003 and 2004.The OCA accordingly recommended that Acting Presiding Judge Alden V. Cervantes be ordered to pay a fine of two hundred thousand (P200,000.00) pesos to be deducted from his retirement benefits. It also recommended that the resolution dated May 3, 2005 directing Judge Cervantes to submit the required complete and accurate monthly reports of cases corresponding to the months from October 1, 2001 to August 2004 and docket inventory reports by semester for the years 2001, 2002 and 2003 be set aside, considering that Judge Conrado L. Zumaraga had already submitted the same. Further, the OCA recommended that Judge Zumaraga be commended for his earnest effort to decide/resolve cases left undecided/ unresolved by his predecessors and for updating the semestral docket inventories and monthly reports of cases in his court.
He avers that he could no longer comply with the directive considering that he had already retired from the service and that a permanent presiding judge had already been appointed at MTC, Cabuyao, Laguna in the person of Judge Conrado L. Zumaraga. Judge Zumaraga was appointed on 7 July 2005 but assumed judicial function only on 20 September 2005.
Judge Cervantes contends that prior to his retirement, he has already submitted the docket inventory of cases for the years 2001 to 2004. The Court Management Office, OCA, however found discrepancies in the docket inventories submitted and required the court personnel concerned to undertake revisions thereon. He notes that the preparation and completion of the docket inventories were overtaken by his retirement on 23 November 2005. In fact, he claims in his letter dated 2 June 2005 that the docket inventories and monthly reports covering the period November 2000 to May 2005 are almost finished.
Judge Cervantes admits his failure to submit the correct docket inventories and asks forgiveness from the court. He suggests that instead of requiring him to comply with the directive, he instead be required to pay a fine for his failure. He requests that his retirement benefits be released to him and the corresponding fine covering the penalty be deducted from his retirement benefits because he does not have ready money in his possession to pay the fine.
It is noted that Judge Cervantes applied for optional retirement without first complying with the Court resolution dated 3 May 2005. His application for retirement which was made effective 23 November 2005 was filed on 9 September 2005. It was approved by the Court on 1 March 2006. Thus, he had all the time to comply with the 3 May 2005 resolution. If the physical inventories and monthly reports covering the period from November 2002 to May 2005 are "almost finished" as claimed by Judge Cervantes in his 2 June 2005 letter we see no reason why these reports could not be submitted prior to his application for retirement. It is evident that he did not exert any effort to comply with the resolution.
Moreover, before he could be given a clearance by this Office, the clerk of court of MTC, Cabuyao, Laguna was directed to submit a list of all the cases left undecided/unresolved by Judge Cervantes. In compliance with the directive, Clerk of Court Arlyn A. Hermano submitted a report on 8 December 2006.
The report revealed that Judge Cervantes left unresolved one hundred sixty-five (165) cases for preliminary investigation. These were all submitted before him for resolution but were resolved by Judge Conrado Zumaraga, the incumbent presiding judge. Likewise, Judge Cervantes left undecided fifty-four (54) cases submitted for decision. These include cases he inherited from Judge Zenaida L. Galvez, his predecessor. Four of these cases had already been decided by Judge Zumaraga.
It can be observed from the list submitted by the clerk of court of MTC, Cabuyao, Laguna that with respect to the cases for preliminary investigation, there were even cases submitted for resolution as early as March 2002. Some cases were filed as early as 16 May 2000.
It is noted that in the resolution dated 30 August 2005 in A.M. No. 05-8-26-SC Re: Amendment of Rules 112 and 114 of the Revised Rules on Criminal Procedure by removing the conduct of preliminary investigation from judges of the first level courts, the Court ruled that all first level courts shall continue with the preliminary investigation of cases pending with them and terminate them not later than 31 December 2005. The resolution which took effect on 3 October 2005 likewise ruled that the first level courts, upon the date of effectivity of the amendments, shall no longer accept new cases for preliminary investigation.
Judge Cervantes not only failed to resolve the cases for preliminary investigation pending before him as mandated by the resolution, he was already in delay with respect to the majority of the cases already submitted for resolution. In fact, his application for optional retirement indicates that he evaded acting on these cases.
Records reveal that it was Judge Zumaraga who resolved all the cases for preliminary investigation left unresolved by Judge Cervantes. It was also only during the time of Judge Zumaraga that the correct docket inventories and monthly reports of cases were submitted. Records further reveal that MTC, Cabuyao, Laguna is now submitting regularly their updated semestral docket inventories and monthly reports of cases.xxx xxx xxx
Judge Cervantes was evidently remiss in the performance of his duty to decide/resolve cases promptly and expeditiously. He was designated as acting presiding judge of MTC, Cabuyao on 31 January 2002. In his stead, Judge Zenaida L. Galvez was designated as acting presiding judge of MTC, Alaminos, Laguna. As full time acting presiding judge of MTC, Cabuyao, Laguna, Judge Cervantes therefore had all the time to act on cases pending therein.
We also note that Judge Cervantes had been continually collecting his salaries upon certification that he had no pending cases for decision/resolution, when in fact, a lot of cases are still awaiting his decisions/resolutions. His act seriously undermines and reflects on the honesty and integrity expected upon officers of the court. xxx
It is hardly necessary to remind respondent that judges should respect the orders and decisions of higher tribunals, much more the Highest Tribunal of the land from which all other courts should take their bearings. A resolution of the Supreme Court is not to be construed as a mere request, nor should it be complied with partially, inadequately or selectively. If at all, this omission not only betrays a recalcitrant flaw in respondent's character; it also underscores his disrespect of the Court's lawful orders and directives which is only too deserving of reproof.All told, the Court finds Judge Cervantes guilty of gross neglect of judicial duty and inefficiency in the performance of official function, for his failure to resolve/decide the preliminary investigation/cases within the period fixed by law. He is likewise guilty of gross misconduct for his callous disregard of this Court's previous Resolutions dated January 22, 2003 and May 3, 2005. However, the OCA's recommended penalty of fine in the amount of two hundred thousand pesos (P200,000.00) is too harsh. Hence, we reduce it to only one hundred thousand pesos (P100,000.00).
Thus, in one case (Davila v. Generoso, 336 SCRA 576, 580), the failure of respondent judge to comply with the show-cause resolutions of the Court was deemed "grave and serious misconduct affecting his fitness and worthiness of the honor and integrity attached to his office." In Alonto-Frayna v. Astih (300 SCRA 199, 202-203), we further held:
A judge who deliberately and continuously fails and refuses to comply with the resolution of this Court is guilty of gross misconduct and insubordination. It is gross misconduct and even outright disrespect for this Court for respondent to exhibit indifference to the resolutions requiring him to comment on the accusations contained in the complaint against him.
In other words, indifference or defiance to the Court's orders or resolutions may be punished with dismissal, suspension or fine as warranted by the circumstances (Pineda E.L., Legal and Judicial Ethics, 1999 ed., p. 423).
1.) | Acting Presiding Judge Alden V. Cervantes of the MTC of Cabuyao, Laguna is found guilty of gross neglect of judicial duty, inefficiency in the performance of official functions and gross misconduct, and is hereby ordered to pay a FINE of one hundred thousand pesos (P100,000.00) to be deducted from his retirement benefits. |
2.) | The Resolution dated May 3, 2005 directing Judge Alden V. Cervantes to submit the required complete and accurate monthly reports of cases corresponding to the months from October 1, 2001 to August 2004, and docket inventory reports by semester for years 2001, 2002 and 2003, is SET ASIDE it appearing that Judge Conrado L. Zumaraga had already submitted the same. |
SO ORDERED.