G.R. No. RTJ-97-1383 July 24, 1997
JOSE LAGATIC, complainant, vs. HON. JUDGE JOSE PEÑAS, JR. and Branch Clerk of Court CRESCENCIO V. CORTES, JR., both of Branch 34, Regional Trial Court, Iriga City, respondents. CRESCENCIO V. CORTES, JR., respondent-third-party complainant, vs. SALVADOR C. MIRANDO, Clerk III, Branch 34, Regional Trial Court, Iriga City, third-party respondent.

FACTS

Complainant Jose Lagatic was the plaintiff in Civil Case No. IR-1903. Respondent Judge Jose Peñas, Jr. decided the case in Lagatic’s favor on 30 May 1991. The defendants filed a notice of appeal on 31 July 1991. However, the records of the case were transmitted to the appellate court only on 21 February 1994, causing a delay of seven months and six days from the last order issued by Judge Peñas on 15 July 1993. Lagatic charged Judge Peñas and Branch Clerk of Court Crescencio V. Cortes, Jr. with gross negligence for this delay. In his comment, Cortes, who had since become a Provincial Prosecutor, attributed the delay to the neglect of Salvador C. Mirando, the Clerk III in charge of civil cases, whom he had reported to the Executive Judge. Mirando, in his answer, admitted being in charge but partly blamed the delay on the stenographer’s late submission of transcripts. Judge Peñas repeatedly failed to file his comment as required by the Court. Complainant Lagatic later filed a motion to withdraw the complaint, which the Court denied. The Office of the Court Administrator (OCA) investigated and submitted recommendations.

ISSUE

Whether respondents Judge Jose Peñas, Jr. and Salvador C. Mirando are administratively liable for the delay in transmittal of case records and for failure to comply with the Court’s directives.

RULING

Yes. The Court found Judge Jose Peñas, Jr. guilty on two counts. First, for misconduct and insubordination for deliberately ignoring the Court’s resolutions requiring him to comment, demonstrating disobedience and disrespect. For this, he was fined P5,000.00. Second, for gross neglect of duty for failing to supervise his court personnel, which led to the delay in transmittal. The Court emphasized that a judge has the duty to organize and supervise court personnel to ensure prompt dispatch of business and cannot take refuge behind the inefficiency of staff. For this neglect, which included abetting and tolerating Mirando’s misconduct, he was fined an additional P3,000.00. The Court found Salvador C. Mirando guilty of gross neglect of duty and incompetence for his role in causing the delay, for which he was fined P3,000.00. The complaint against Crescencio V. Cortes, Jr. was dismissed. The fines were to be paid within ten days from receipt of the decision.