Friday, February 24, 2012

On judicial audits - A.M. No. RTJ-11-2291

A.M. No. RTJ-11-2291

"x x x.

This Court concedes that there are no promulgated rules on the conduct of judicial audit. However, the absence of such rules should not serve as license to recommend the imposition of penalties to retired judges who, during their incumbency, were never given a chance to explain the circumstances behind the results of the judicial audit. Judicial audit reports and the memoranda which follow them should state not only recommended penalties and plans of action for the violations of audited courts, but also give commendations when they are due. To avoid similar scenarios, manual judicial audits may be conducted at least six months before a judge’s compulsory retirement. We recognize that effective monitoring of a judge’s observance of the time limits required in the disposition of cases is hampered by limited resources. These limitations, however, should not be used to violate Judge Mantua’s right to due process.

WHEREFORE, the complaint against Judge Celso L. Mantua is DISMISSED. The Financial Management Office of the Office of the Court Administrator is DIRECTED to release the retirement pay and other benefits due Judge Mantua unless he is charged in some other administrative complaint or the same is otherwise withheld for some other lawful cause.

SO ORDERED.

x x x."