G.R. No.: A.M. No. P-10-2791 (formerly A.M. No. 10-3-91-RTC)
Date: April 6, 2011

Case Parties/Title: JUDGE RENATO A. FUENTES, REGIONAL TRIAL COURT, BRANCH 17, DAVAO CITY, Complainant, vs. ATTY. ROGELIO F. FABRO, BRANCH CLERK OF COURT, SAME COURT, Respondent.

FACTS

1. Judge Renato A. Fuentes of the RTC, Branch 17, Davao City, filed a letter-complaint dated July 17, 2009, with the Office of the Court Administrator (OCA), charging Branch Clerk of Court Atty. Rogelio F. Fabro and Civil Records In-Charge Ofelia Salazar with gross negligence of duty. This was his second complaint against them.
2. The first complaint, dated May 19, 2009, reported their negligence for failing to elevate the records of Civil Case No. 29,537-2003 (Teodoro Polinar, et al. v. Hon. Antonio D. Laolao) to the Court of Appeals (CA), Cagayan de Oro City, for over six (6) years.
3. The second complaint reported their negligence for failing to elevate the records of Civil Case No. 29,019-2002 (Medardo E. Escarda v. Celso E. Escarda and the Register of Deeds of Davao City) to the CA. Judge Fuentes had approved the Notice of Appeal and ordered the elevation of the records in an Order dated April 10, 2007. The failure was discovered when the appellant’s counsel inquired in July 2009, enclosing a CA letter stating no record of the appeal’s elevation.
4. Judge Fuentes alleged that in the second case, the Notice of Appeal, the elevating Order, and other key documents were “purposely separated” from the main record, only being turned over after pressure was exerted on Salazar, to justify non-compliance.
5. In his comment, Atty. Fabro claimed the records of the first case had been elevated and that Salazar admitted fault, explaining the records were mistakenly mixed with old files during office decongestion. He argued his office was very busy and he could not constantly supervise subordinates without prejudice to his own duties.
6. The OCA recommended re-docketing the case as a regular administrative matter and fining Atty. Fabro ₱5,000.00 for the delay, with a warning.

ISSUE

Whether Atty. Rogelio F. Fabro, as Branch Clerk of Court, is administratively liable for gross negligence of duty for the delay in transmitting the records of the appealed cases to the appellate court.

RULING

The Supreme Court AGREED with the OCA’s finding of guilt but INCREASED the penalty.
1. Liability: Atty. Fabro was found GUILTY of gross negligence of duty. Under Section 10, Rule 41 of the Rules of Court, the clerk of court has a duty to transmit the records to the appellate court within thirty (30) days after the perfection of appeal. Atty. Fabro was grossly remiss in this duty.
2. Evidence of Delay: For Civil Case No. 29,019-2002, the records were mailed only on August 15, 2009, a delay of over two (2) years from the April 10, 2007 Order. For Civil Case No. 29,537-2003, the transmittal was delayed by over six (6) years. The Court rejected Atty. Fabro’s excuses, emphasizing that the administrative functions of a Branch Clerk of Court are vital to the prompt administration of justice, and any delay hampers this.
3. Penalty: The Court imposed a FINE of Twenty Thousand Pesos (₱20,000.00) on Atty. Fabro, increased from the OCA’s recommended ₱5,000.00, considering the number of incidents and the considerable length of the delays. A WARNING was issued that a repetition would be dealt with more severely.
4. Directive: The OCA was directed to inform the Court of the action taken against Civil Records In-Charge Ofelia Salazar.