AM 96 8 301 RTC; (July, 1998) (Digest)
G.R. No.: A.M. No. 96-8-301-RTC July 8, 1998
Case Parties: Report on the Judicial Audit Conducted in the RTC, Branch 82, Odiongan, Romblon (Concerning Court Personnel Melinda C. Quierrez, Clerk III, and Baltazar Ll. Firmalo, Officer-in-Charge)
FACTS
1. A judicial audit and physical inventory of pending cases were conducted from July 16-19, 1996, at the Regional Trial Court (RTC), Branch 82, Odiongan, Romblon, then presided over by Judge Cezar C. Maravilla.
2. The audit revealed several irregularities, including: (a) nine cases submitted for decision; (b) three criminal cases with pending resolutions; (c) Special Proceeding No. OD 263 inactive since its filing in 1994; (d) untranscribed stenographic notes in a submitted civil case; and (e) forty-seven (47) criminal cases that had not been set in the court calendar and remained unacted upon for over six months.
3. The Court En Banc, in a September 17, 1996 Resolution, directed, among other things, that Ms. Melinda C. Quierrez, the Clerk-in-Charge of criminal cases, explain why no administrative sanction should be imposed on her for failing to schedule the forty-seven criminal cases.
4. In her explanation, Ms. Quierrez admitted the failure to calendar the cases. She cited lack of coordination with the former Clerk of Court, Atty. Gadon (who was later dismissed), the existence of two separate calendars, and other factors such as numerous petitions, priority cases, postponements, and inefficient superiors.
5. It was also noted that prior to this audit, on May 20, 1996, former Judge Maravilla had already found Ms. Quierrez guilty of disobedience and gross inefficiency for the same failure to calendar criminal cases. She was penalized with a reprimand, censure, and a stern warning, and was ordered reassigned to other duties.
ISSUE
Whether Ms. Melinda C. Quierrez should be subjected to further administrative sanctions for her gross inefficiency in failing to calendar forty-seven (47) criminal cases, given that she had already been disciplined for the same act prior to the judicial audit.
RULING
No further administrative sanction shall be imposed. The Court found Ms. Quierrez liable for gross negligence and inefficiency for her failure to schedule the forty-seven criminal cases, which constituted a breach of her duties as described in the Manual for Clerks of Court. However, since she had already been censured, reprimanded, and sternly warned by former Judge Maravilla on May 20, 1996, for the identical act of gross inefficiency in failing to promptly schedule criminal cases, it was deemed inappropriate to penalize her anew for the same offense. Consequently, the matter was ordered closed and terminated.