A.M. NO. 06-4-219-RTC

Ruling

Accordingly, judges should be imbued with a high sense of duty and responsibility in the discharge of their obligation to promptly administer justice. Under Sections 9 and 11 (B) of Rule 140 of the Rules of Court, undue delay in rendering a decision and untruthful statements in the certificate of service are less serious charges punishable by: (1) suspension from office without salary and other benefits for not less than one (1) nor more than three (3) months; or (2) a fine of more than P10,000.00 but not exceeding P20,000.00. Considering that the backlog in the court docket of Judge Magallanes docket started from 1993 and continues up to the present or for almost 13 years and considering the absence of a medical certificate to support the alleged illnesses of Judge Magallanes which does not serve to mitigate his liability, the penalty of suspension in its maximum period of three months without salary and other benefits should be imposed, not just a fine of P20,000.00 as recommended by the OCA, with a stern warning that a repetition of the same or similar act will be dealt with more severely. Anent Atty. Arinday, we find her to be negligent in her duties as Branch Clerk of Court (BCoC). Her failure to immediately take initial action on cases raffled to the court, calendar and monitor cases where she was authorized to receive evidence ex parte displays her lack of diligence in the discharge of such administrative functions. Although the delay in the disposition of cases in the court cannot solely be attributed to her, it was her duty to remind the judge of matters that need immediate action. The branch clerk of court cannot hide under the cloak of the judge's inefficiency. As BCoC, she must realize that her administrative functions are just as vital to the prompt and proper administration of justice. She is charged with the efficient recording, filing and management of court records, besides having supervision over court personnel. She plays a key role in the complement of the court and cannot be permitted to slacken on her job under one pretext or another. [22] She must be assiduous in performing her official duties and in supervising and managing court dockets and records. [23] Under Section 52(B)(1) of the Uniform Rules on Administrative Cases in the Civil Service, simple neglect of duty is a less grave offense punishable by suspension from office for one (1) month and one (1) day to six (6) months for the first offense, and dismissal for the second offense. Although the delay in the disposition of cases cannot be solely attributed to Atty. Arinday, she is still liable for simple neglect of duty. However, considering that it is her first offense and following the Court's ruling in Re: Report on the Judicial Audit Conducted at the Municipal Trial Court in Cities (Branch 1), Surigao City, [24] she should be imposed a penalty of fine in the amount of P5,000.00 and warned that the repetition of the same or similar infractions in the future will be