EN BANC
[A.M. No. 97-9-283-RTC. May 31,
2000]
REPORT ON THE JUDICIAL AUDIT CONDUCTED IN REGIONAL TRIAL COURT,
BRANCH 1, BANGUED, ABRA
R E S O L U T I O N
VITUG, J.:
A report, following
a judicial audit and physical inventory of cases pending before the Regional
Trial Court of Bangued, Abra, Branch 1, presided by Judge Francisco O.
Villarta, indicates that of the 510 cases outstanding as of 31 October 1996,
Judge Villarta has failed to act on 59 criminal cases and 134 civil cases; 26
criminal and 27 civil cases have been submitted for decision and remain to be
undecided beyond the 90-day reglementary period; 2 criminal cases and 4 civil
cases, although already submitted for decision, are still within the
reglementary period for resolution; and 3 criminal cases and 3 civil cases
submitted for decision during the tenure of Judge Jose V. Generoso, the
predecessor of Judge Villarta, are yet to be decided as of audit date.
The audit team
found that there were at least 70 criminal cases in which warrants of arrests
had been issued but where the accused continue to be at large for over six
months from the delivery of the arrest warrants to peace officers concerned
that should thereby put the cases on archive pursuant to Administrative
Circular No. 7-A-92.
Finally, the audit
team observed that there had been no orderly filing of court records of
decided, archived and pending cases. The records of the cases were not updated
that, otherwise, would have allowed the team to establish an accurate count of
the actual caseload of the court.
In its resolution
of 07 October 1997, the Court resolved to:
"x x x (a)
DIRECT Judge Francisco O. Villarta, Jr., to explain in writing, within ten (10)
days from notice, why no disciplinary action should be taken against him for
his failure to decide/resolve cases / motions within the prescribed period; (b)
require the former OIC-Branch Clerk of Court, Legal Researcher Jose Marie T.
Tuzon to EXPLAIN their failure to update their docket books and to submit their
monthly reports of pending cases from November 1996 up to the present; and (c)
meanwhile, DIRECT the Financial Management Office, Office of the Court
Administrator, to WITHHOLD the sum of Two Hundred Thousand Pesos (P200,000.00)
Pesos from the retirement benefits which may be due to Judge Villarta to answer
for whatever administrative liabilities which may be imposed upon him should he
fail to satisfactorily explain the delay in the resolution and inaction in some
cases pending in his sala."
In compliance with
the Court's resolution, OIC-Branch Clerk of Court Jose Marie T. Tuzon submitted
his explanation; thus:
"The
undersigned after being appointed as OIC Branch Clerk of Court was simply
instructed by the former Hon. Executive Judge Francisco O. Villarta, Jr. not to
update the docket books for not being necessary, after all, according to him
(Judge) the cases were been tried and heard. Thus, I just then update the
docket books as soon as the particular case is decided. In the submission of
the required monthly reports, starting November, 1996 to July 1997, I was
ordered to choose cases to submit, in protest, I did not submit but because I
am ordered, I did the same. These said required monthly reports of the
aforementioned months were personally , submitted on October 24, 1997 to that
office. Monthly reports from August, 1997 to the present were already been
submitted by the new Branch Clerk of Court to that office.
"I humbly
admit this failure to update the Court docket books and the monthly reports of
pending cases because of fear and lack of courage to disobey the former Hon.
Exec. Judge Francisco O. Villarta, Jr. I am just a lowly Court employee. I pray
for benevolence, understanding, leniency and compassionate justice tempered
with mercy. I promise such acts of omission will not be repeated anymore."
In a memorandum,
dated 26 November 1999, Court Administrator Alfredo L. Benipayo reported that
Judge Villarta, who compulsorily retired on 01 September 1997, had not received
a copy of the resolution of 07 October 1997. The Office of the Court
Administrator received information that Judge Villarta had passed away.
Meanwhile, a
follow-up audit was conducted; the audit revealed the following updated data;
to wit:
"There were four
hundred and seventy-nine (479) cases pending as of October 27, 1999 (272
criminal cases and 207 civil/other cases). Their statuses or stage of
proceedings are as follows: 1 criminal case with decision for
promulgation, 36 criminal cases and 35 civil/other cases submitted for
decision, 8 criminal cases and 5 civil cases with incidents for
resolution, 79 criminal cases and 63 civil/other cases on trial/set for
hearing, 4 criminal cases for pre-trial conference, 7 criminal cases
set for the arraignment of the accused, 6 criminal cases and 8 civil/other
cases with orders for compliance by parties, etc., 8 criminal cases and
15 civil/other cases held in abeyance due to voluntary inhibition by the
acting judge, 1 criminal case and 1 civil case with suspended
proceedings at the instance of litigants/counsels, 66 criminal cases and 78
civil /other cases without further action/setting despite the lapse of a
considerable length of time, 50 criminal cases with warrants of arrest, 3
criminal cases without initial action taken since they were raffled/assigned
to this branch, and 5 newly filed cases [3 criminal cases and 2 civil
cases].
'The decision in
Criminal Case No. 1115 (People vs. Tolentino, et al., for Murder) was
previously set for promulgation on October 12, 1999.
"The
seventy-one (71) cases submitted for decision are tabulated hereunder (with
indications whether a case was inherited by or submitted before retired Judge
Villarta, Jr. or Acting Judge Benesa):
|
CASE NO. |
DATE SUBMITTED |
DUE DATE OF DECISION |
REMARKS |
|
121 |
8/28/85 |
11/26/85 |
Inherited
by retired Judge Villarta; Incomplete TSN |
|
399 |
6/15/94 |
9/13/94 |
Partly
tried by Judge Villarta; |
|
409 |
5/13/94 |
8/11/94 |
-
do - |
|
411 |
5/05/93 |
8/03/94 |
-
do - |
|
423 |
10/25/93 |
1 /23/94 |
-
do - |
|
489 |
7/31 /89 |
10/29/89 |
Totally
tried by Judge Villarta; |
|
525 |
6/05/94 |
9/03/94 |
-
do - |
|
586 |
6/30/93 |
9/28/93 |
-
do - |
|
628 |
8/10/95 |
11/08/95 |
-
do - |
|
686 |
8/15/95 |
11/13/95 |
-
do - |
|
753 |
2/06/97 |
5/07/97 |
-
do - |
|
758 |
4/19/95 |
7/18/95 |
-
do - |
|
798 |
3/22/99 |
6/20/99 |
Partly
tried by APJ Benesa; Incomp. TSN |
|
799 |
-do- |
-do- |
-
do - |
|
807 |
6/23/97 |
9/21 /97 |
Totally
tried by Judge Villarta |
|
820 |
5/15/93 |
8/13/93 |
-
do - |
|
828 |
2/06/97 |
5/07/97 |
-
do - |
|
866 |
8/26/97 |
11/24/97 |
-
do - |
|
871 |
12/17/93 |
3/17/94 |
-
do - |
|
992 |
9/26/97 |
12/26/97 |
Inherited
by APJ Benesa; Incomp. TSN |
|
1005 |
2/27/97 |
5/28/97 |
Totally
tried by Judge Villarta |
|
1009 |
11/15/96 |
2/13/97 |
-
do - |
|
1059 |
11/30/95 |
2/28/95 |
-
do - |
|
1071 |
9/14/99 |
12/13/99 |
Partly
tried by APJ Benesa; Incomp. TSN |
|
1104 |
1/10/95 |
4/10/95 |
Totally
tried by Judge Villarta |
|
1152 |
10/29/96 |
1/27/97 |
-
do - |
|
1186 |
4/01/99 |
6/30/99 |
Partly
tried by APJ Benesa; Incomp. TSN |
|
1187 |
- do - |
- do - |
-
do - |
|
1214 |
5/19/94 |
8/17/94 |
Totally
tried by Judge Villarta |
|
1221 |
8/17/98 |
11/15/98 |
Partly
tried by APJ Benesa; Incomp. TSN |
|
1240 |
10/17/97 |
1/15/98 |
Inherited
by APJ Benesa; Incomp. TSN |
|
1253 |
1/20/96 |
4/19/96 |
Totally
tried by Judge Villarta |
|
1255 |
4/17/97 |
7/16/97 |
-
do - |
|
1301 |
4/21/98 |
7/20/98 |
Partly
tried by APJ Benesa; Incomp. TSN |
|
1553 |
8/16/98 |
11/14/98 |
-
do - |
|
1585 |
8/12/97 |
11/19/97 |
Totally
tried by ret. Judge Villarta |
|
Civil & Other Cases |
|
|
|
|
1535 |
12/16/84 |
3/16/85 |
Inherited
by Judge Villarta; Incomp. TSN |
|
1645 |
8/07/87 |
11/05/97 |
Partly
heard by Judge Villarta; Incomp. TSN |
|
1739 |
9/28/86 |
12/27/86 |
Inherited
by Judge Villarta; Incomp. TSN |
|
207 |
12/22/90 |
3/22/91 |
Partly
heard by Judge Villarta; Incomp. TSN |
|
233 |
5/20/93 |
8/18/93 |
-
do - |
|
285 |
1/08/87 |
4/08/87 |
Inherited
by Judge Villarta Incomp. TSN |
|
297 |
12/08/90 |
3/08/91 |
Partly
heard by Judge Villarta |
|
305 |
4/19/88 |
7/18/88 |
-
do - |
|
315 |
3/30/89 |
6/28/89 |
-
do - |
|
321 |
2/21/92 |
5/21/92 |
-
do - |
|
351 |
6/26/88 |
9/24/88 |
-
do - |
|
361 |
9/29/94 |
12/28/94 |
-
do - |
|
363 |
1/10/89 |
4/10/89 |
-
do - |
|
367 |
6/06/90 |
9/04/90 |
-
do - |
|
399 |
7/24/97 |
10/22/97 |
-
do - |
|
417 |
1/31/96 |
4/29/96 |
-
do - |
|
453 |
8/03/97 |
11/02/97 |
Totally
heard by Judge Villarta |
|
482 |
10/06/94 |
1/04/95 |
-
do - |
|
489 |
5/11/96 |
8/09/96 |
-
do - |
|
655 |
7/22/98 |
10/20/98 |
Partly
heard by APJ Benesa; Incomp. TSN |
|
751 |
9/06/99 |
12/05/99 |
-
do - |
|
761 |
7/14/95 |
10/12/95 |
Totally
heard by Judge Villarta |
|
803 |
1/23/91 |
4/23/91 |
-
do - |
|
902 |
4/20/95 |
7/19/95 |
-
do - |
|
977* |
5/20/98 |
8/18/98 |
-
do - |
|
985 |
2/27/97 |
5/28/97 |
-
do - |
|
1143 |
8/10/99 |
11/09/99 |
Partly
heard by APJ Benesa; Incomp. TSN |
|
1321 |
3/17/99 |
6/15/99 |
-
do - |
|
1472 |
2/02/99 |
5/03/99 |
-
do - |
|
1499 |
12/09/98 |
3/09/99 |
-
do - |
|
1560 |
8/31/99 |
11/30/99 |
-
do - |
|
1611 |
4/21/99 |
7/20/99 |
-
do - |
|
SP-299 |
6/23/98 |
9/21/98 |
-
do - |
|
LRC-N-09 |
3/27/85 |
6/25/85 |
Inherited
by Judge Villarta; Income. TSN |
|
LRC-N-71 |
10/15/99 |
1/13/00 |
Totally
heard by APJ Benesa |
"Tabulated
below are the thirteen (13) cases with incidents for resolution:
|
CASE NO. |
DATE |
DUE DATE OF RESOLUTION |
JUDGE BEFORE WHOM MATTER WAS SUBMITTED |
|
556 |
5/25/94 |
8/23/94 |
Ret.
Judge Villarta |
|
713 |
9/24/93 |
12/23/93 |
-
do - |
|
1275 |
8/30/96 |
11/28/96 |
-
do - |
|
1304 |
3/11/99 |
6/09/99 |
APJ
Benesa |
|
1305 |
-do- |
-do- |
-
do - |
|
1700 |
12/13/96 |
3/11/96 |
Ret.
Judge Villarta |
|
99-298 |
9/21 /99 |
12/20/99 |
APJ
Benesa |
|
99-339 |
8/28/99 |
11/26/99 |
-
do - |
|
Civil & Other Cases |
|
|
|
|
261 |
6/14/88 |
9/12/88 |
Ret.
Judge Villarta |
|
469 |
5/16/89 |
8/14/89 |
-
do - |
|
484 |
12/10/92 |
3/08/93 |
-
do - |
|
1525 |
11/04/98 |
2/02/99 |
APJ
Benesa |
|
1675 |
4/13/99 |
7/12/99 |
-
do - |
"Judge Benesa
had been the counsel in several cases prior to his appointment to the Judiciary
on June 24, 1994, thus, he voluntarily inhibited himself from taking cognizance
of and/or deciding the following thirty-three (33) cases (18 criminal and 15
civil cases and ordered the proceedings held in abeyance until the appointment
of a permanent judge,' to wit: Criminal Cases Nos. 411, 423, 586, 628, 820,
841, 866, 871, 915, 968, 983, 988, 989, 1152, 1244, 1255, 1275 and 1364, and
civil Cases Nos. 633, 722, 747, 768, 819, 821, 822, 826, 929, 1062, 1128, 1183,
1228; 1232 and 1438. (Criminal Cases Nos. 411, 423, 586, 628,
820, 866, 871, 1152 and 1255 [submitted for decision] and Criminal Cases No.
1275 ;[with matter for resolution] were inherited by Judge Benesa from his
predecessors.)
"The one
hundred and forty-five (145) cases (67 criminal cases and 78 civil/other cases)
without further action or setting after the lapse of considerable length of
time are as follows: Criminal Cases Nos. 463, 926, 1089, 1225, 1341, 1446, 1470,
1505, 1508, 1513, 1514, 1516, 1519, 1523, 1524, 1530, 1532, 1533, 1538,
1543, 1544, 1546, 1653, 1654, 1672, 1768, 97-074, 97-081, 97-102, 97-108,
97-119, 97-130, 97-132 to 97-135, 97-137, 98-140, 98-141, 98-155, 98-162 to
98-177, 98-182, 98-183, 98-202, 98-219, 98-229, 98-240, 98-254, 98-283, 99-342,
99-367 and 99-401, and Civil/Other Cases Nos. 69, 421, 441, 457, 471, 478, 487,
514, 546, 580, 634, 701, 764, 798, 921, 931, 949, 965, 979, 1101, 1163, 1180,
1242, 1338, 1432, 1464, 1478, 1491, 1536, 1537, 1539, 1601, 1632, 1639, 1646,
1652, 1659, 1668, 1673, 1677, 1693, 1710, 1739, 1742, 1748, 1749, 1750A, 1755,
1760, 1776, SCA-1191, SCA-1617, SP-491, SP-670, SP-682, SP-753, SP-759, SP-838,
SP-853, SP-1070, SP-1464, SP-1561, SP-1602, SP-1570, SP-1587, SP-1604, SP-1625,
SP-1787, LRC-N-18, LRC-N-21, LRC-N-50, LRC-N-56, LRC-N-66, LRC-N-74, LRC-N-269,
LRC-N-270, EC-N-2 and EC-N-6.
"Of the fifty
(50) criminal cases with warrants of arrest, the following twenty-six (26)
cases may be acted upon pursuant to Administrative Circular No. 7-A-92 dated
June 21, 1993, re: Guidelines in the Archiving of Cases, to wit: Criminal Cases
Nos. 1070, 1106, 1286, 1312, 1325, 1606, 97-052, 97-088, 97-101, 97-103,
97-116, 98-143, 98-144, 98-158, 98-159, 98-199, 98-232, 98-269, 99-293, 99-297,
99-309, 99-314, 99-317, 99-320, 99-325 and 99-337.
"Three (3)
criminal cases (Nos. 99-343, 99-382 and 99-398) have not been initially acted
upon since they were raffled to this branch on February 17, 1999, August 9,
1999 and September 20, 1999."
After a final
tally, it was established that, reckoned from the time of his compulsory
retirement, Judge Villarta had failed to decide the following 39 cases:
Criminal Cases Numbered 399, 409, 411, 423, 489, 525, 586, 628, 686, 753, 758,
820, 828, 871, 1005, 1009, 1059, 1104, 1152, 1214, 1253 and 1255,
and Civil Cases Numbered 207, 233, 297, 405, 315, 321, 351, 361, 363, 367, 417,
482, 489, 761, 803, 912 and 985. He likewise failed to resolve pending
incidents in Criminal Cases Numbered 556, 713, 1275 and 1700 and Civil Cases
Numbered 261, 469 and 484.
The OCA, on the
basis of the foregoing findings, recommended that -
"1. A FINE
in the amount of Forty Thousand Pesos (P40,000.00) be imposed upon retired
Judge Francisco O. Villarta, Jr., formerly of the Regional Trial Court, Branch
1, Bangued, Abra [the amount to be deducted from the Two Hundred Thousand Pesos
(P200,000.00) ordered withheld from his retirement benefits] for his failure to
decide the thirty-nine (39) cases (22 criminal cases and 17 civil cases)
submitted before him and for his failure to resolve the incidents in the seven
(7) cases (4 criminal cases and 3 civil cases), within the 90-day reglementary
period reckoned from his compulsory retirement on September 1, 1997.
"2. Hon.
Alberto V. Benesa, Acting Presiding Judge of the Regional Trial Court, Branch
1, Bangued, Abra, be DIRECTED to: (2-a) INFORM this Court through
the Office of the Court Administrator, within ten (10) days from notice,
whether or not his decision in Criminal Case No. 1115 was promulgated as
scheduled; (2-b) DECIDE the following sixteen (16) cases (7
criminal cases and 9 civil/other cases) which he party/totally tried, to wit:
Criminal Cases Nos. 798, 799, 1071, 1186, 1187, 1221 and 1301, and Civil/Other
Cases Nos. 655, 751, 1143, 1321, 1472, 1499, 1560, 1611 and LRC-N-71, and RESOLVE
the incidents for resolution in the following six (6) cases (4 criminal cases
and 2 civil cases), to wit: Criminal Cases Nos. 1304, 1305, 99-298 and 99-339,
and Civil Cases Nos. 1525 and 1675, both within thirty (30) days from the
completion of the transcripts of the stenographic notes; and (2-c) SUBMIT
to this Court through the Office of the Court Administrator copies of the
decisions/orders pertaining to the aforementioned cases, within five (5) days
after promulgating/releasing the same.
"3.....Upon
assumption to office of Hon. Charito B. Gonzales, the newly appointed Presiding
Judge of the Regional Trial Court, Branch 1, Bangued, Abra, he be DIRECTED
to: (3-a) DECIDE with dispatch upon the completion of the stenographic
notes in the following forty-seven cases (20 criminal and 27 civil/other cases)
which he inherited from his predecessors, to wit: Criminal Cases Nos. 121, 399,
409, 489, 525, 686, 753, 758, 807, 828, 992, 1005, 1009, 1059, 1104, 1214,
1240, 1253, 1553 and 1585, and Civil/Other Cases Nos. 1535, 1645, 1739, 207,
233, 285, 297, 305, 315, 321, 351, 361, 363, 367, 399, 417, 453, 482, 489, 761,
803, 902, 977, 985, SP-299 and LRC-N-09, and RESOLVE with dispatch the
incidents pending resolution in the following six (6) cases (3 criminal cases
and 3 civil cases), to wit: Criminal Cases Nos. 556, 713 and 1700, and Civil
Cases Nos. 261, 469 and 484; (3-b) DECIDE/RESOLVE with dispatch upon
completion of the transcripts of stenographic notes in the following nine (9)
cases submitted for decision which are the subject of inhibition by Judge
Benesa, to wit: Criminal Cases Nos. 411, 423, 586, 628, 820, 866, 871, 1152 and
1255, and the matter for resolution in Criminal Case No. 1275; (3-c) SUBMIT
to this Court through the Office of the Court Administrator the copies of the
decisions/orders pertaining to the aforementioned cases, within five (5) days
after promulgating/releasing the same; (3-d) TAKE COGNIZANCE of the other
cases which are likewise the subject of voluntary inhibition by Judge Benesa: (3-e)
TAKE APPROPRIATE ACTION on the following one hundred and forty-five
(145) cases (67 criminal cases and 78 civil/other cases) which were not further
acted on or set in the calendar despite the lapse of a considerable length of
time, to wit: Criminal Cases Nos. 463, 926, 1089, 1225, 1341, 1446, 1470, 1505,
1508, 1513, 1514, 1516, 1519, 1523, 1524, 1530, 1532, 1533, 1538, 1543, 1544,
1546, 1653, 1654, 1672, 1768, 97-074, 97-081, 97-102, 97-108, 97-119, 97-130,
97-132 to 97-135, 97-137, 98-140, 98-141, 98-155, 98-162 to 98-177, 98-182,
98-183, 98-202, 98-219, 98-229, 98-240, 98-254, 98-283, 99-342, 99-367 and
99-401, and Civil/Other Cases Nos. 69, 421, 441, 457, 471, 478, 487, 514, 546,
580, 634, 701, 764, 798, 921, 931, 949, 965, 979, 1101, 1163, 1180, 1242, 1338,
1432, 1464, 1478, 1491, 1536, 1537, 1539, 1601, 1632, 1639, 1646, 1652, 1659,
1668, 1673, 1677, 1693, 1710, 1739, 1742, 1748, 1749, 1750A, 1755, 1760, 1776,
SCA-1191, SCA-1617, SP-491, SP-670, SP-682, SP-753, SP-759, SP-838, SP-853, SP-1070,
SP-1464, SP-1561, SP-1602, SP-1570, SP-1587, SP-1604, SP-1625, SP-1787,
LRC-N-18, LRC-N-21, LRC-N-50, LRC-N-56, LRC-N-66, LRC-N-74, LRC-N-269,
LRC-N-270, EC-N-2 and EC-N-6, on the three (3) criminal cases (Nos. 99-343,
99-382 and 99-398) which were not initially acted on since they were raffled
thereto, and on the twenty-six (26) criminal cases (Nos. 1070, 1106, 1286,
1312, 1325, 1606, 97-052, 97-088, 97-101, 97-103, 97-116, 98-143, 98-144,
98-158, 98-159, 98-199, 98-232, 98-269, 99-293, 99-297, 99-309, 99-314, 99-317,
99-320, 99-325 and 99-337), in accordance with Administrative Circular No.
7-A-92 dated June 21, 1993, re: Guidelines in the Archiving of Cases, then SUBMIT,
within fifteen (15) days from notice, a report on the compliance with the
preceding directive.
"4. The
Officer-In-Charge, Regional Trial Court, Branch 1, Bangued, Abra, be DIRECTED
to: (4-a) CAUSE, within thirty (30) days from notice, the completion of
the stenographic notes in the following seventy-one (71) cases (36 criminal
cases and 35 civil/other cases) which remained undecided as of audit, to wit:
Criminal Cases Nos. 121, 399, 409, 411, 423, 489, 525, 586, 628, 686, 753, 758,
798, 799, 807, 820, 828, 866, 871, 992, 1005, 1009, 1059, 1071, 1104, 1152,
1186, 1187, 1214, 1221, 1240, 1253, 1255, 1301, 1553 and 1585, and Civil/Other
Cases Nos. 1535, 1645, 1739, 207, 233, 285, 297, 305, 315, 321, 351, 361, 363,
367, 399, 417, 453, 482, 489, 655, 751, 761, 803, 902, 977, 985, 1143, 1321,
1472, 1499, 1560, 1611, SP-299, LRC-N-09 and LRC-N-71 and in the following
thirteen (13) cases (8 criminal and 5 civil cases with incidents for
resolution, to wit: Criminal Cases Nos. 556, 713, 1275, 1304, 1305, 1700,
99-298 and 99-339, and Civil Cases Nos. 261, 469, 484, 1525 and 1675, then SUBMIT
immediately after the expiration of the 30-day period a report on the
compliance with this directive by the concerned stenographers; (4-b) SUBMIT
a report on actual statuses of the following cases which were found by the 1997
audit team as having been submitted for decision before the compulsory
retirement of Judge Francisco O. Villarta, Jr., to wit: Criminal Cases Nos. 33,
413, 463, 774, 890, 893, 1032, 1058, 1115, 1158, 1232, 1235, 1242, 1253, 1297,
1311 and 1674, and Civil/Other Cases Nos. 411, 495, 628, 636, 678, 768, 778,
823, 891, 912, 1038, 1047, 1211, SP-674, SP-865, SP01540 and LRC-N-276; (4-c)
APPRISE the presiding judge of the following one hundred and forty-five
(145) cases (67 criminal cases and 78 civil/other cases) which were not further
acted on or set in the calendar despite the lapse of a considerable length
of time, to wit: Criminal Cases Nos. 463, 926, 1089, 1225, 1341, 1446, 1470,
1505, 1508, 1513, 1514, 1516, 1519, 1523, 1524, 1530, 1532, 1533, 1538, 1543,
1544, 1546, 1653, 1654, 1672, 1768, 97-074, 97-081, 97-102, 97-108, 97-119,
97-130, 97-132 to 97-135, 97-137, 98-140, 98-141, 98-155, 98-162 to 98-177,
98-182, 98-183, 98-202, 98-219, 98-229, 98-240, 98-254, 98-283, 99-342, 99-367
and 99-401, and Civil/Other Cases Nos. 69, 421, 441, 457, 471, 478, 487, 514,
546, 580, 634, 701, 764, 798, 921, 931, 949, 965, 979, 1101, 1163, 1180, 1242,
1338, 1432, 1464, 1478, 1491, 1536, 1537, 1539, 1601, 1632, 1639, 1646, 1652,
1659, 1668, 1673, 1677, 1693, 1710, 1739, 1742, 1748, 1749, 1750A, 1755, 1760,
1776, SCA-1191, SCA-1617, SP-491, SP-670, SP-682, SP-753, SP-759, SP-838,
SP-853, SP-1070, SP-1464, SP-1561, SP-1602, SP-1570, SP-1587, SP-1604, SP-1625,
SP-1787, LRC-N-18, LRC-N-21 LRC-N-50, LRC-N-56, LRC-N-66, LRC-N-74, LRC-N-269,
LRC-N-270, EC-N-2 and EC-N-6, of the three (3) criminal cases (Nos. 99-343,
99-382 and 99-398) which were not initially acted on since they were raffled
thereto, and of the following twenty-six (26) criminal cases: Nos. 1070, 1106,
1286, 1312, 1325, 1606, 97-052, 97-088, 97-101, 97-103, 97-116, 98-143, 98-144,
98-158, 98-159, 98-199, 98-232, 98-269, 99-293, 99-297, 99-309, 99-314, 99-317,
99-320, 99-325 and 99-337), so that appropriate action could be taken thereon;
and (4-d) SUBMIT, within ten (10) days from notice, a report on the
compliance with the preceding directives (4-b) and (4-c)."
It is evident that
there has been a failure on the part of Judge Villarta to properly carry on his
duties as so reflected by the judicial audit and confirmed by the report of the
OCA; unfortunately, the judge has been unable to explain his inaction on the
several aforenumbered cases before his untimely demise. The Court thus deems it
to be inappropriate for the fine recommended by the OCA to yet be imposed. Its
other recommendations, however, are well taken and thereby adopted by the
Court.
WHEREFORE, it is hereby ordered that -
(1) Hon. Alberto V.
Benesa, Acting Presiding Judge of the Regional Trial Court, Branch 1, Bangued,
Abra, be, as he is hereby so, DIRECTED to: (a) INFORM this Court through the
Office of the Court Administrator, within ten (10) days from notice, whether or
not his decision in Criminal Case No. 1115 was promulgated as so scheduled; (b)
DECIDE the following sixteen cases (7 criminal cases and 9 civil/other cases)
which he partly or totally tried, to wit: Criminal Cases No. 798, 799, 1071,
1186, 1187, 1221 and 1301, and Civil/Other Cases No. 655, 751, 1143, 1321,
1472, 1499, 1560, 1611 and LRC-N-71, and RESOLVE the incidents for resolution
in the following six cases (4 criminal cases and 2 civil cases), to wit:
Criminal Cases No. 1304, 1305, 99-298 and 99-339, and Civil Cases No. 1525 and
1675, both within thirty (30) days from the completion of the transcripts of
the stenographic notes; and (c) SUBMIT to this Court through the Office of the
Court Administrator copies of the decisions/orders pertaining to the
aforementioned cases, within five (5) days after their promulgation/release.
(2) Upon her
assumption to office, Hon. Charito B. Gonzales, the newly appointed Presiding
Judge of the Regional Trial Court, Branch 1, Bangued, Abra, be, as she is
hereby so, DIRECTED to: (a) DECIDE with dispatch, upon the completion of the
stenographic notes, the following forty-seven cases (20 criminal and 27
civil/other cases) which she inherited from her predecessors, to wit: Criminal
Cases No. 121, 399, 409, 489, 525, 686, 753, 758, 807, 828, 992, 1005, 1009,
1059, 1104, 1214, 1240, 1253, 1553 and 1585, and Civil/Other Cases No. 1535,
1645, 1739, 207, 233, 285, 297, 305, 315, 321, 351, 361, 363, 367, 399, 417,
453, 482, 489, 761, 803, 902, 977, 985, SP-299 and LRC-N-09, and RESOLVE with
dispatch the incidents pending resolution in the following six cases (3
criminal cases and 3 civil cases), to wit: Criminal Cases No. 556, 713 and
1700, and Civil Cases No. 261, 469 and 484; (b) DECIDE with dispatch,
upon completion of the transcripts of stenographic notes, the following nine
cases submitted for decision which are the subject of inhibition by Judge
Benesa, to wit: Criminal Cases No. 411, 423, 586, 628, 820, 866, 871, 1152 and
1255, and RESOLVE with dispatch the matter for resolution in Criminal Case No.
1275; (c) SUBMIT to this Court, through the Office of the Court Administrator,
copies of the decisions/orders pertaining to the aforementioned cases, within
five (5) days after their promulgation/release; (d) TAKE COGNIZANCE of the
other cases which are likewise the subject of voluntary inhibition by Judge
Benesa; (e) TAKE APPROPRIATE ACTION on the following one hundred and forty-five
cases (67 criminal cases and 78 civil/other cases) which were not acted on or
set in the calendar despite the lapse of a considerable length of time, to wit:
Criminal Cases No. 463, 926, 1089, 1225, 1341, 1446, 1470, 1505, 1508, 1513,
1514, 1516, 1519, 1523, 1524, 1530, 1532, 1533, 1538, 1543, 1544, 1546, 1653,
1654, 1672, 1768, 97-074, 97-081, 97-102, 97-108, 97-119, 97-130, 97-132 to
97-135, 97-137, 98-140, 98-141, 98-155, 98-162 to 98-177, 98-182, 98-183,
98-202, 98-219, 98-229, 98-240, 98-254, 98-283, 99-342, 99-367 and 99-401, and
Civil/Other Cases No. 69, 421, 441, 457, 471, 478, 487, 514, 546, 580, 634,
701, 764, 798, 921, 931, 949, 965, 979, 1101, 1163, 1180, 1242, 1338, 1432,
1464, 1478, 1491, 1536, 1537, 1539, 1601, 1632, 1639, 1646, 1652, 1659, 1668,
1673, 1677, 1693, 1710, 1739, 1742, 1748, 1749, 1750A, 1755, 1760, 1776,
SCA-1191, SCA-1617, SP-491, SP-670, SP-682, SP-753, SP-759, SP-838, SP-853, SP-1070,
SP-1464, SP-1561, SP-1602, SP-1570, SP-1587, SP-1604, SP-1625, SP-1787,
LRC-N-18, LRC-N-21, LRC-N-50, LRC-N-56, LRC-N-66, LRC-N-74, LRC-N-269,
LRC-N-270, EC-N-2 and EC-N-6, on the three criminal cases (No. 99-343, 99-382
and 99-398) which were not initially acted on since being raffled and
on the twenty-six criminal cases (No. 1070, 1106, 1286, 1312, 1325, 1606,
97-052, 97-0878, 97-101, 97-103, 97-116, 98-143, 98-144, 98-158, 98-159,
98-199, 98-232, 98-269, 99-293, 99-297, 99-309, 99-314, 99-317, 99-320, 99-325
and 99-337), in accordance with Administrative Circular No. 7-A-92, dated 21
June 1993 (re: Guidelines in the Archiving of Cases); and (f) SUBMIT, within
fifteen (15) days from notice, a report on the compliance with the preceding
directive.
3. The
Officer-In-Charge, Regional Trial Court, Branch 1, Bangued, Abra, be, as he is
hereby so, DIRECTED to: (a) CAUSE, within thirty (30) days from notice, the
completion of the stenographic notes in the following seventy-one cases (36
criminal cases and 35 civil/other cases) which remained undecided as of audit,
to wit: Criminal Cases No. 121, 399, 409, 411, 423, 489, 535, 586, 628, 686,
753, 758, 798, 799, 807, 820, 828, 866, 871, 992, 1005, 1009, 1059, 1071, 1104,
1152, 1186, 1187, 1214, 1221, 1240, 1253, 1255, 1301, 1553 and 1585, and
Civil/Other Cases No. 1535, 1645, 1739, 207, 233, 285, 297, 305, 315, 321, 351,
361, 363, 367, 399, 417, 453, 482, 489, 655, 751, 761, 803, 902, 977, 985,
1143, 1321, 1472, 1499, 1560, 1611, SP-299, LRC-N-09 AND LRC-N-71 and in the
following thirteen cases (8 criminal and 5 civil cases with incidents for
resolution, to wit: Criminal Cases No. 556, 713, 1275, 1304, 1305, 1700, 99-298
and 99-339, and Civil Cases No. 261, 469, 484, 1525 and 1675, then SUBMIT
immediately after the expiration of the 30-day period a report on the
compliance with this directive by the concerned stenographers; (b) SUBMIT
a report on actual status of the following cases which were found by the 1997
audit teams to have been submitted for decision prior to the compulsory
retirement of Judge Francisco O. Villarta, Jr., to wit: Criminal Cases No. 33,
413, 463, 774, 890, 893, 1032, 1058, 1115, 1158, 1232, 1235, 1242, 1253,
1297, 1311 and 1674, and Civil/Other Cases No. 411, 495, 628, 636, 678, 768,
778, 823, 891, 912, 1038, 1047, 1211, SP-674, SP-865, SP01540 and LRC-N-276;
(c) APPRISE the presiding judge of the following one hundred and forty-five
cases (67 criminal cases and 78 civil/other cases) which were not acted on or
set in the calendar despite the lapse of a considerable length of time, to wit:
Criminal Cases No. 463, 926, 1089, 1225, 1341, 1446, 1470, 1505, 1508, 1513,
1514, 1516, 1519, 1523, 1524, 1530, 1532, 1533, 1538, 1543, 1544, 1546, 1653,
1654, 1672, 1768, 97-074, 97-081, 97-102, 97-108, 97-119, 97-130, 97-132 to
97-135, 97-137, 98-140, 98-141, 98-155, 98-162 to 98-177, 98-182, 98-183,
98-202, 98-219, 98-229, 98-240, 98-254, 98-283, 99-342, 99-367 and 99-401, and
Civil/Other Cases No. 69, 421, 441, 457, 471, 478, 487, 514, 546, 580, 634, 701,
764, 798, 921, 931, 949, 965, 979, 1101, 1163, 1180, 1242, 1338, 1432, 1464,
1478, 1491, 1536, 1537, 1539, 1601, 1632, 1639, 1646, 1652, 1659, 1668, 1673,
1677, 1693, 1710, 1739, 1742, 1748, 1759, 1750A, 1755, 1760, 1776, SCA-1191,
SCA-1617, SP-491, SP-670, SP-682, SP-753, SP-759, SP-838, SP-853, SP-1070,
SP-1464, SP-1561, SP-1602, SP-1570, SP-1587, SP-1604, SP-1625, SP-1787,
LRC-N-18, LRC-N-21, LRC-N-50, LRC-N-56, LRC-N-66, LRC-N-74, LRC-N-269,
LRC-N-270, EC-N-2 and EC-N-6, of the three criminal cases (No. 99-343, 99-382
and 99-398) which were not initially acted on since they were raffled thereto,
and of the following twenty-six criminal cases: No. 1070, 1106, 1286, 1312,
1325, 1606, 97-052, 97-088, 97-101, 97-103, 97-116, 98-143, 98-144, 98-158,
98-159, 98-199, 98-232, 98-269, 99-293, 99-297, 99-309, 99-314, 99-317, 99-320,
99-325 and 99-337), so that appropriate action could be taken thereon; and (d)
SUBMIT, within ten (10) days from notice, a report on the compliance with the
preceding directives.
(4) The Fiscal
Management Office, OCA, is, as it is hereby so, DIRECTED to release to the
heirs, upon presentation of the proper documents, the amount of Two Hundred
Thousand (P200,000.00) Pesos withheld from the retirement benefits of the late
Judge Francisco O. Villarta.
SO ORDERED.
Bellosillo,
(Acting C.J.),Melo, Puno, Kapunan, Mendoza, Purisima, Pardo, Buena, and Gonzaga-Reyes, JJ., concur.
Davide, Jr.,
C.J., Panganiban, Quisumbing, Ynares-Santiago, and De Leon, Jr., JJ., on leave.