Sunday, March 8, 2015

Judge lacks proper monitoring of cases. - A.M. No. RTJ-09-2183

See - A.M. No. RTJ-09-2183





"x x x.

THE COURT’S FINDINGS:

The Court finds no evidence to sustain the charges of corruption and immorality, and accordingly finds the OCA recommendation to dismiss well-taken.

The burden of substantiating the charges in an administrative proceeding against court officials and employees falls on the complainant, who must be able to prove the allegations in the complaint with substantial evidence. In the absence of evidence to the contrary, the presumption that respondent regularly performed her duties will prevail. Moreover, in the absence of cogent proof, bare allegations of misconduct cannot prevail over the presumption of regularity in the performance of official functions. In fact, an administrative complaint leveled against a judge must always be examined with a discriminating eye, for its consequential effects are, by their nature, highly penal, such that the respondent stands to face the sanction of dismissal and/or disbarment. The Court does not thus give credence to charges based on mere suspicion and speculation.8

The Court, however, finds well-taken the audit team’s observation that Branch 10 lacks proper monitoring of cases.

While respondent provided the Court the latest issued orders in all but one (Criminal Case No. 1385-M-2004) of the listed cases, she failed to justify her failure to act on the incidents thereon despite the lapse of a considerable period. Respondent offered no explanation for the delay in the resolution of the incidents in the cases. She simply furnished their status, some of which involve decisions or orders issued after the conduct of the judicial audit and mostly beyond the prescribed 90-day period,9 without her having requested extension for the purpose. Notably, respondent failed to explain her inaction for allowing a hiatus of at least one year in Civil Case No. 714-M-2002 and eight months in Civil Case No. 195-M-2006, she appearing to have merely waited for the submission of a comment on/opposition to a motion for reconsideration, and a reply, if any.

Moreover, respecting the orders or decisions purportedly dated before July 31, 2007, the start of the judicial audit, respondent gave no reason why those issuances were not presented or made available to the audit team during the four-day judicial audit ending on August 3, 2007.

It bears emphasis that the responsibility of making a physical inventory of cases primarily rests on the presiding judge, even as he/she is provided with a court staff, and a branch clerk of court who shall take steps to meet the requirements of the directives on docket inventory.10 Why respondent failed to make a complete report to the audit team, the court cannot fathom, despite the clear mandate of Administrative Circular No. 10-9411 for the performance of a semestral physical inventory of the court’s docket which, for the first semester of 2007, should have been conducted by June 30, a full month prior to the start on July 31, 2007 of the judicial audit. What was instead presented to the audit team was a docket inventory of cases for the period from July 2006 to December 2006.

Judges are mandated to "perform all judicial duties, including the delivery of reserved decisions, efficiently, fairly and with reasonable promptness."12 Prompt disposition of the court’s business is attained through proper and efficient court management, and a judge is remiss in his duty as court manager if he fails to adopt a system of record management.13

Respondent defied the duties to "dispose of the court’s business promptly and decide cases within the required periods," to "diligently discharge administrative responsibilities, maintain professional competence in court management, and facilitate the performance of the administrative functions of other judges and court personnel," and to "organize and supervise the court personnel to ensure the prompt and efficient dispatch of business, and require at all times the observance of high standards of public service and fidelity."14

A judge being expected to keep his own record of cases so that he may act on them promptly without undue delay, it is incumbent upon him to devise an efficient recording and filing system in his court so that no disorderliness can affect the flow of cases and their speedy disposition. Proper and efficient court management is as much his responsibility. As the judge is the one directly responsible for the proper discharge of official functions, he/she is charged with exercising extra care in ensuring that the records of the cases and official documents in his/her custody are intact. Hence, the necessity of adopting a system of record management and of organization of dockets in order to bolster the prompt and efficient dispatch of business.15

Oblivious to the telling condition – res ipsa loquitor, respondent asserts that she efficiently manages her court. If respondent’s declarations are, by any measure, reflective of her level of satisfaction with court management, it is unfortunate to find her standard of professional competence in court administration below par. It is disquieting that she, even while acknowledging that she does not have a full complement of court personnel,16 has not been bothered by the prevailing human resource predicament in her court. She finds comfort in maintaining a limited number of staff for years without actively seeking additional staff, and in detailing her clerk-in-charge of civil cases and legal researcher to other offices for alleged misconduct without initiating the appropriate disciplinary measures.

If respondent became aware of any unprofessional conduct on the part of any of her court personnel, she should have, as a rule of judicial canon,17 taken or initiated appropriate disciplinary measures against them. By simply detailing them and omitting to initiate an administrative proceeding, she has not only tolerated the misdeed but also paid no heed to finding suitable and qualified replacements who could assist her. Respondent had only to request the Executive Judge of the RTC of Malolos City or the Office of the Court Administrator for the detail of needed personnel in order not to deprive the public of vital services. In previous cases, the Court rejected the lame excuse that a trial court had no legal researcher18 or branch clerk of court.19 Adhering to what she personally perceives to be the best way of managing her court, respondent has only herself to blame for any gaffe plaguing her court.

It bears reiteration that proper court management for the effective discharge of official functions is the direct responsibility of judges who, therefore, cannot take refuge behind the inefficiency of the court personnel. The inability of a judge to control and discipline the staff demonstrates weakness in administrative supervision, an undesirable trait frowned upon by this Court.20 A judge should be the master of his own domain and take responsibility for the mistakes of his subjects.21



Indeed, a judge’s duties and responsibilities are not strictly confined to judicial functions. A judge is also an administrator who must organize the court with a view to prompt and convenient dispatch of its business.22
x xx."