A.M. No. 310 August 23, 1976
HON. CELESTINO C. JUAN, complainant, vs. MUNICIPAL JUDGE FAUSTINO P. ARIAS and CLERK ANSELMO NADRES, respondents.

FACTS

This administrative case arose from a seven-year delay in remanding Criminal Case No. 1322, a homicide case entitled “People vs. Gregorio Balasbas, et al.,” from the Municipal Court of Candelaria, Quezon, to the Court of First Instance. The case was filed in January 1966, and the preliminary investigation was concluded by Municipal Judge Faustino Arias in November 1966. The accused waived the second stage of the preliminary investigation in December 1966. Judge Arias claimed he prepared and signed an order for transmittal on January 17, 1967, and gave it to his clerk, Anselmo Nadres, the sole court employee, for forwarding. The matter lay dormant until January 1974, when a CIS agent inquired about the case, revealing the records were still with the municipal court. Judge Arias then transmitted the records, but not before altering the 1967 transmittal order by superimposing the year “1974” over “1967.”

ISSUE

Whether respondents Municipal Judge Faustino Arias and Clerk Anselmo Nadres are administratively liable for the inordinate delay in transmitting the case records to the proper court.

RULING

Yes, both respondents are guilty of gross negligence. The Supreme Court emphasized that Section 12, Rule 112 of the Rules of Court mandates the transmitting judge to forward the records “without delay” upon conclusion of the preliminary investigation. This duty is personal and non-delegable. Judge Arias failed in his supervisory responsibility. His claim of having signed a transmittal order in 1967 did not absolve him; he remained obligated to ensure its actual compliance. The gravity of the homicide case, involving a victim who died from multiple stab wounds, demanded more than ordinary attention, yet he took no follow-up action for seven years. His alteration of the date on the order further compounded his culpability. Clerk Nadres admitted the failure to transmit, blaming his heavy workload as a one-man office. The Court found this excuse insufficient, as pressure of work does not justify a seven-year delay in a serious criminal case. Gross negligence implies a flagrant or shameful disregard of duty. The delay deprived the State of its right to prosecute and the accused of their right to a speedy trial. Consequently, the Court suspended Judge Faustino Arias from office for one year and Clerk Anselmo Nadres for six months, effective immediately.