AM P 04 1912; (December, 2004) (Digest)
G.R. No. P-04-1912. December 17, 2004.
Edgardo D. Pamintuan, General Manager, National Housing Authority (NHA), complainant, vs. Clerk of Court Edilaida D. Ente-Alcantara and Clerk III Amelia S. Loja, Metropolitan Trial Court, Branch 31, Quezon City, respondents.
FACTS
The National Housing Authority (NHA) filed an ejectment case in 1997, which was decided in its favor in 2001. The defendant appealed. The NHA did not receive the required letter of transmittal of records to the appellate court. In February 2003, the NHA sent a formal written inquiry to the Metropolitan Trial Court, Branch 31, regarding the transmittal. Despite several follow-ups, the NHA received no official written response. Court personnel provided only verbal explanations, citing an ongoing inventory and difficulties in locating the records stored in the court building’s basement.
Respondent Clerk of Court Edilaida D. Ente-Alcantara explained she was appointed only in August 2003 and had no prior knowledge of the case or the NHA’s inquiry. Respondent Clerk III Amelia S. Loja, in charge of civil cases, admitted receiving the NHA’s letter but claimed she verbally informed the NHA’s messenger that they were still locating the records. She denied requiring the NHA to send staff to assist in the search.
ISSUE
Whether respondents are administratively liable for the failure to act on the NHA’s formal inquiry and to transmit the case records promptly.
RULING
The complaint against respondent Ente-Alcantara is dismissed for lack of merit. She assumed her position long after the appeal was taken and the NHA’s inquiry was made, thus she cannot be held accountable for prior inaction.
Respondent Loja is found administratively liable. The legal logic is anchored on the positive duty of court personnel to respond promptly and in writing to official communications. Section 5(a) of Republic Act No. 6713 (Code of Conduct and Ethical Standards for Public Officials and Employees) and Administrative Circular No. 8-99 mandate that public officials must respond to written inquiries within fifteen (15) days from receipt. A mere verbal reply to a formal written request is insufficient and constitutes a violation of this standard. The Court emphasized that all court personnel must uphold the highest standards of professionalism and public accountability to preserve public trust in the judiciary. As this was her first offense, and the violation is classified as a light offense, the appropriate penalty is a reprimand. Respondent Amelia S. Loja is hereby REPRIMANDED with a warning that a repetition will be dealt with more severely.
