A.M. No. 07-9-454-RTC

Ruling

Accordingly, the OCA treated the matter concerning Hernandez and Astique as closed and terminated due to their having complied with its directives. On February 20, 2007, the OCA issued a third memorandum directing Judge Pantanosas, Jr. and Atty. Macabinlar to fully comply with the directives of the previous memoranda. [13] Judge Pantanosas, Jr. and Atty. Macabinlar submitted their third compliance. [14] Nevertheless, Judge Pantanosas, Jr. still did not take appropriate action on a criminal case and on four civil cases with no initial actions from the time of their filing; to further act in two criminal and 22 civil cases; to resolve motions and incidents in four criminal and 24 civil cases; and to decide 17 criminal and 31 civil cases. Summarized hereunder are the cases decided, resolved or appropriately acted upon by Judge Pantanosas, Jr., to wit: [15] Status/Stage of Proceedings First Memo. 04/04/05 Compliance 2nd Memo 05/02/06 Compliance 3rd Memo 02/20/07 Compliance Total no. of cases which remain undecided/unresolved/unacted Submitted for Decision 90 [16] None 90 18 72 12 60 Submitted for Resolution 103 [17] None 103 63 40 13 27 No further action/setting/proceeding 95 None 95 52 43 12 31 No initial action taken 14 None 14 8 6 1 5 Of the three memoranda requiring Judge Pantanosas, Jr. to comply, he submitted the appropriate compliance only after receiving the second and third memoranda. Results/Findings of the Follow-Up Audit On January 24-26, 2007, the Second Audit Team conducted a follow­up audit, and made the following findings: [18] ( a ) The total number of cases submitted for decision was reduced from 124 to 115 cases; ( b ) The total number of cases with pending matter or incident for resolution was reduced from 106 to 100 cases; and ( c ) The total number of cases with no further action/setting/proceeding was reduced from 101 to 100 cases; ( d ) 39 cases referred to the Branch Clerk of Court for ex parte hearing had no Commissioner's Report. [19] ( e ) There were five criminal cases that were either in the pre­ trial or trial stage, or were already submitted for decision without conducting an arraignment of the accused. [20] Of the 115 cases that Judge Pantanosas, Jr. left undecided: (a) 60 were found to be submitted for decision by the First Audit Team; (b) 19 were considered inherited cases; (c) some of the inherited cases had no transcripts of stenographic notes; and (d) 39 had no Commissioner's Reports. Of the 100 cases with pending matters or incidents for resolution, the First Audit Team found 25 of them unresolved. Despite prior directives from the OCA, Judge Pantanosas, Jr. did not take proper action on the cases with untranscribed stenographic notes, particularly those already submitted for decision. The Second Audit Team further found that there were more motions or pending incidents that had remained unresolved despite the lapse of the reglementary period; and that there were more cases that had remained unacted upon despite