A.M. No. P-00-1428 - OFFICE OF THE COURT ADMINISTRATOR, COMPLAINANT, VS. IMELDA S. PERLEZ, CLERK OF COURT, MTC, BRANCH 2, SAN PEDRO, LAGUNA.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, premises considered, it is most respectfully prayed that undersigned be absolved from Judge Aglugub's propensity to incriminate innocent persons like me. [2] In a manifestation dated July 16, 1999, Ms. Perlez submitted copies of two orders, [3] dated July 28, 1997 and October 8, 1997, issued by Judge Aglugub to stenographer Jennifer Lancion directing the latter to submit the transcripts of stenographic notes taken by her in Case No. 25456 on pain of arrest. However, according to Ms. Perlez, when these orders were issued, Stenographer Lancion was no longer reporting for work, and, therefore, she should not be blamed for Ms. Lancion's failure to submit the transcripts of stenographic notes in question. Both parties manifested that they were submitting the case for resolution without further hearing. Ms. Perlez reiterated her denial of the judge's allegations. [4] On the other hand, Judge Aglugub attached to her letter [5] submitting the case for resolution orders and memoranda [6] issued by her to respondent Imelda S. Perlez ordering her to produce the records of cases or to submit transcripts of stenographic notes. It appears from the orders and memoranda submitted that in the course of a periodic physical inventory, Judge Aglugub found the records of 87 criminal cases and 8 civil cases to be missing. This was the subject of her orders dated September 12, 1997 [7] and February 10, 1999 [8] directing respondent Imelda Perlez to locate the records and submit them to the judge. On July 26, 1999, Judge Aglugub also issued an order to respondent Perlez requiring her to explain why she could not produce the records of a criminal case which Atty. Joaquin Misa wanted to examine. [9] In another order, dated July 28, 1999, respondent Perlez was directed to explain why she failed to issue a writ of demolition in a civil case considering that the order for its issuance had been issued by the court as early as October 2, 1998. [10] From October 22, 1998 to April 5, 1999, the judge issued orders to respondent Imelda Perlez to submit to her the transcripts of stenographic notes in 12 cases submitted for decision. [11] Four of the cases (Case Nos. 22240, 14668, 14700, and 23300) are among the 19 cases in which Judge Aglugub asked for an extension of time to decide because the transcript of stenographic notes were unavailable. The testimonies of witnesses in these four cases were recorded by Stenographer Jennifer Lancion. The cases covered by the orders and memoranda are the subject of a separate administrative complaint (A. M. No. P-99-1348) [12] filed by Judge Aglugub against respondent Imelda S. Perlez. In his report, the Court Administrator recommends that Clerk of Court Imelda S. Perlez be suspended for a period of one (1) month and one (1) day. The pertinent portion of his report, dated August 23, 2000, reads: Judge Aglugub in her letter 19 July 2000 manifested that although she is amenable to have the case submitted for resolution without the nee