A.M. No. P-20-4075, September 08, 2020
Hon. Pamela A. Baring-Uy, Complainant, vs. Melinda E. Salinas, Clerk of Court III, and Kim Jovan L. Solon, Legal Researcher I, Both of Branch 6, Municipal Trial Court in Cities, Cebu City, Cebu, Respondents.

FACTS

Judge Pamela A. Baring-Uy of MTCC, Branch 6, Cebu City, filed an administrative complaint against her Clerk of Court III, Melinda E. Salinas, and Legal Researcher I (designated as Criminal Case Clerk-in-Charge), Kim Jovan L. Solon, for gross neglect of duty. The complaint stemmed from their failure to serve an Order dated June 29, 2016, in Criminal Case No. 154786-R, which directed the Cebu City Jail Superintendent to furnish a copy of the accused’s acquittal decision and to release the accused, Rey Suson Labajo, from detention concerning that specific case. Consequently, despite his acquittal on June 9, 2016, Labajo remained incarcerated until the jail superintendent inquired about his status in a letter dated August 31, 2016.
In their respective explanations, Salinas admitted she turned over the case folder to Solon after recording it as disposed and instructed him to furnish copies to the parties, but she failed to verify the actual transmittal. Solon admitted he inadvertently failed to serve the order, erroneously deeming that furnishing the decision itself was sufficient compliance. Both respondents apologized, emphasized the lapse was not intentional, and argued that Labajo would have remained detained anyway due to other pending criminal cases.

ISSUE

Whether respondents Salinas and Solon are administratively liable for their failure to promptly serve the court’s release order.

RULING

Yes, the Court found both respondents guilty of Simple Neglect of Duty. The legal logic rests on the exacting standards of diligence and efficiency mandated for all court personnel under the Code of Conduct for Court Personnel. The Court emphasized that the judiciary’s integrity is mirrored not only in its decisions but also in the conduct of its staff. As Branch Clerk of Court, Salinas bore a supervisory duty to ensure the proper performance of her subordinates, including the timely transmittal of court orders. Her failure to follow up on Solon’s compliance constituted a breach of this administrative responsibility.
For Solon, as the designated criminal case clerk-in-charge, the functions of a clerk under the 2002 Revised Manual for Clerks of Court applied to him, obligating him to ensure the prompt service of court processes. His erroneous assumption that serving the decision complied with the specific release order demonstrated a lack of due diligence. The Court rejected their justifications that Labajo had other pending cases, as the justified continued detention did not excuse their specific failure to perform their sworn duties regarding the subject order. Considering their admission of fault, apology, lack of malicious intent, and that this was their first offense, the Court imposed fines: P10,000.00 on Salinas and a reduced fine of P5,000.00 on Solon, considering his lower salary grade, with a stern warning against repetition.