A.M. No. CA-99-9-P; April 30, 2003
Magtanggol Gabriel, complainant, vs. Atty. Virginia C. Abella, Olimpia V. Trambulo, Ferdinand Heramis, and Alberto Tariga, Jr., respondents.

FACTS

Complainant Magtanggol Gabriel, Vice-President of Manila Metal Container Corporation (MMCC), filed an administrative complaint for grave misconduct against several Court of Appeals personnel. The complaint stemmed from the handling of CA-G.R. CV No. 46153. On May 15, 1998, the CA’s 17th Division issued a Resolution granting intervenor Reynaldo Tolentino’s motion to substitute as plaintiff and to withdraw the appeal. On May 27, 1998, complainant filed a motion for reconsideration. On the same date, intervenor Tolentino filed his own motion for reconsideration, but prayed for the issuance of an entry of judgment. Relying on this, respondent Atty. Virginia Abella, Division Clerk of Court, prepared and issued an entry of judgment on June 18, 1998, despite the pendency of complainant’s motion.
Complainant alleged that when he requested a certification of his filed motion from the Receiving Section, respondent Olimpia Trambulo refused and spoke to him in a loud, belligerent manner. He further alleged that respondent Ferdinand Heramis of the Civil Cases Section was negligent, initially denying receipt of the motion before admitting he had received and recorded it. The motion was subsequently lost. Respondent Alberto Tariga, Jr., the Verification Clerk, had erroneously reported no motion was filed, which Atty. Abella relied upon.

ISSUE

Whether the respondents are administratively liable for their actions in connection with the premature issuance of an entry of judgment and the mishandling of the complainant’s motion for reconsideration.

RULING

The Court found varying degrees of administrative liability. Atty. Virginia Abella was EXONERATED. She exercised due diligence by waiting for the reglementary period, considering mailing time allowances under internal rules, and acting on the basis of a verification report from Tariga and a marginal note from the ponente before issuing the entry of judgment. She promptly reported upon later receiving the motion.
However, Olimpia Trambulo was found guilty of discourtesy in the conduct of her duties. As Chief of the Receiving Section, she failed to observe courtesy and self-restraint when dealing with the complainant. She was REPRIMANDED for this conduct. Ferdinand Heramis was found NEGLIGENT in his official duty. His act of placing the motion on the rollo clerk’s table without obtaining an acknowledgment of receipt directly led to the loss of the pleading, which derailed the administration of justice. He was SUSPENDED for one month without pay. Alberto Tariga, Jr., whose erroneous verification report was indispensable to the premature issuance of the entry of judgment, was ADMONISHED to be more circumspect in his duties.
The Court emphasized that all court personnel must perform their duties with utmost care and diligence, as their work is essential to the prompt and proper administration of justice. Any neglect erodes public faith in the judiciary. The concerned CA offices were directed to institute remedial measures for the proper custody of records. All respondents were sternly warned that a repetition would be dealt with more severely.