G.R. No. 98-3-112

G.R. No.
98-3-112-RTC February 25, 1999
RE: REPORT ON THE JUDICIAL AUDIT CONDUCTED IN RTC-Br., 162, PASIG CITY AND
MONITORING OF TRIAL COURTS THEREAT
QUISUMBING, J.:
On October 15 to 17, 1997, the Office of the Court Administrator (OCA) conducted a judicial audit
and physical inventory of pending cases in Branch 162, Regional Trial Court, Pasig City, in view of
the compulsory retirement of its presiding judge, Judge Manuel S. Padolina, on November 5, 1997. 1
The audit team found that as of October 15, 1997, there were 183 pending cases in Branch 162.
Only 11 of these cases had been submitted for decision and of the 11, two had already gone beyond
the 90-day reglementary period for deciding cases as provided for by the Constitution. The audit
team also discovered that — (1) motions and other matters for resolution remained pending in 21
cases; (2) trials were ongoing or hearing dates had been set for 76 cases; (3) no further action had
been taken in nine cases after a considerable length of time; and (4) warrants of arrest or
summonses had been issued in connection with 45 cases. 2
After the cases actually examined were compared with the cases in the docket books, the audit team
discovered that the records of 34 cases were not shown to it, thus, the team members failure to
determine the status thereof.
Monitoring of Pasig City trial courts was also conducted during the period between October 15 to 17,
1997.
Six Regional Trial Court branches were found to have very light caseloads as of September 30,
1997. These are Branches 152, 154, 156, 159, 160 and 167, with caseloads ranging from 51 to 100.
Two Metropolitan Trial court judges were found holding sessions only in the afternoons, in violation
of Administrative Circular No. 13, date July 1, 1987, which provides:
1. Punctuality and strict observance of office hours.—Punctuality in the holding of

scheduled hearings is an imperative. Trial judges should strictly observe the
requirement of at least eight hours of service a day, five hours of which should be
devoted to trial, specifically from 8:30 a.m. to 12:00 noon and from 2:00 to 4:30 p.m.
as required by par. 5 of the Interim Rules issued by the Supreme Court on January
11, 1983, pursuant to Sec. 16 of BP 129." (Emphasis in the original)
This is reiterated in Administrative Circular No. 1, dated January 28, 1988, which states:
2.1. All Presiding Judges are directed to comply strictly with the guidelines
established in Circular No. 13, July 1, 1987, on punctuality and observance of office
hours . . . . (Emphasis in the original)
In addition, according to Executive Judge Ma. Cristina J. Cornejo, many court employees arrive late
in the office. Judge Cornejo suggested that the Pasig City MeTC be provided with a bundy clock.
In its report dated January 30, 1998, the OCA recommended the following:
(1) Impose a fine of P10,000.00 against Judge
Manuel S. Padolina for his (a) failure to render
decisions in Civil Cases No. 58866 and LRC N-1117,
within the 90-day reglementary period; and (b) failure
to resolve the pending incident in Civil Case No.
66012 within the prescribed period. The amount is to
be deducted from his retirement benefits;
(2) Commend the presiding judges and staffs of RTC

Branches 152, 154, 156, 159, 160 and 167 for
efficiently managing their cases;
(3) Authorize the acting presiding judge of RTC

Branch 162 to decide or resolve all cases that may be
left undecided or unresolved by Judge Manuel S.
Padolina, and to take appropriate action on cases (a)
not further acted upon, (b) set in the court calendar
after the lapse of a considerable length of time, and
(c) with warrants of arrest or summonses;
(4) Direct Judge Jose P. Morallos of MeTC Branch 70

and Judge Eugenio C. Mendinueto of MeTC Branch
72 to explain in writing why no administrative
sanctions should be imposed upon them for holding
court sessions only in the afternoons; and
(5) Direct Atty. Aileen C. Sabarre, Branch Clerk of

Court of RTC Branch 162 to: (a) cause completion of
the TSNs tried or heard by Judge Padolina for use of
the acting presiding judge; (b) immediately inform the
court whether or not the draft decision in Civil Case
No. 58866 had been finalized, signed by Judge
Padolina, and released to the parties concerned; (c)
apprise the acting judge of the status of nine civil
cases not acted upon after a long time, and eight
other, cases wherein warrants of arrest or
summonses have been issued; (d) immediately find
out the status of the 34 cases not presented to the
audit team and to send an appropriate report thereon;
(6) Conduct a judicial audit and physical inventory of

cases in RTC Branches 69, 155, 164 and 264 and all
MeTC branches to ascertain the exact number and
status of their pending cases; and
(7) Direct the property division of the OCA to provide

the MeTC with at least one bundy clock. 3
On June 16, 1998, the Supreme Court issued a resolution which adopted the OCA's
recommendations. The Court's Financial Management Office deducted the amount of the fine from
4
Judge Padolina's retirement benefits.

In a letter dated August 7, 1998, Judge Morallos, wrote the Court to explain why he holds sessions
only in the afternoons. He explained that city prosecutors and public attorneys who appear in his
sala have conflicting schedules as regards their RTC assignments. He also pointed out that there is
only one city prosecutor assigned to all the five branches of the Pasig MeTC. 5
Judge Morallos added that he spends his mornings drafting decisions, orders, and resolutions. He
said his sala has 1;080 cases and he wants to reduce this number. He needs more time to decide
the cases within the prescribed period.
He also hears election and land registration cases during morning sessions. MeTC Branch 70's two
stenographers also transcribe their notes during mornings, according to Judge Morallos. He also
said that, as of the date of his letter, his courtroom is undergoing renovation and construction work
during mornings cannot be avoided.
Judge Morallos said his caseload is still manageable; the cases can be "handled well" even if
hearings are done only in the afternoons.
Likewise, in a letter dated August 10, 1998, Judge Eugenio D. Mendinueto explained to the Court
that he conducts sessions only in the afternoons for the following reasons: (1) the trial prosecutor
and public attorney assigned to his sala have other commitments in the mornings and are, thus,
unable to attend morning hearings in his sala; (2) the two stenographers assigned to his sala can
hardly cope with their work. It was only on June 25, 1998 that Judge Mendinueto endorsed to the
Office of the Court Administrator the application of one applicant for stenographer in his sala. 6
Atty. Aileen C. Sabarre-Garma, Branch Clerk of Court of Branch 162, RTC, Pasig City also wrote to
the court as regards the status of several cases assigned to Branch 162. 7
The Court referred the matter to the Office of the Court Administrator for evaluation. In a report dated
October 27, 1998, the OCA made the following recommendations: 8
(1) Request Justice Secretary Serafin A. Cuevas to

assign one trial prosecutor and one public attorney to
every branch of the Pasig RTC and MeTC;
(2) Direct Judge Morallos of Branch 70 and Judge

Mendinueto of Branch 72 to hear in the morning civil
and other cases which are not handled by trial
prosecutors and public attorneys, and remind them to
be punctual and to strictly observe the required office
hours, with a warning that a repetition of their
infraction as regards punctuality will be dealt with
more severely; and
(3) Note and accept the letter of Atty. Aileen C.

Sabarre-Garma.
The Court agrees with, and adopts the recommendations of, the OCA.
In In Re: Anonymous Complaint versus Judge Juan Echiverri, we had occasion to rule that:
Judges are duty bound to comply with the [required working hours] to insure the
maximum efficiency of the trial courts for a speedy administration of justice. Daily
trials at a minimum of five hours per working day of the week will enable the judge to
calendar as many cases as possible and to dispose with regular dispatch the
increasing number of litigations pending with the court. All other matters needing the
attention of the judge are to be attended to outside of this five-hour schedule of trial.
Judges are reminded that circulars prescribing hours of work are not just empty pronouncements.
They are there for the purpose of promoting efficiency and speed in the administration of justice, and
require prompt and faithful compliance by all concerned.
WHEREFORE, in view of the foregoing—
(1) The Secretary of Justice, Hon. Serafin A. Cuevas, is REQUESTED to assign one trial prosecutor
and one public attorney to every branch of the RTC and the MeTC in Pasig City;
(2) Judge Jose P. Morallos of Branch 70, MeTC, Pasig City, and Judge Eugenio C. Mendinueto of
Branch 72, MeTC, Pasig City are (a) DIRECTED to hear civil and cases other than criminal, pending
in their respective salas in the mornings considering that these cases are not handled by trial
prosecutors and public attorneys assigned to their salas; and (b) REMINDED to strictly observe
punctuality and office hours, i.e., at least eight hours of service a day, five hours of which should be
devoted to trial, as required by Paragraph 5 of the Interim Rules issued by this Court on January 11,
1983, pursuant to Section 16 of Batas Pambansa Blg. 129, and reiterated in Circular No. 95-96
dated December 5, 1996, with a WARNING that a repetition of the same infraction will be dealt with
more severely; and
(3) The Letter dated August 4, 1998 of Atty. Aileen C. Sabarre-Germa, Branch Clerk of Court of the
Regional Trial Court, Branch 162, Pasig City, in compliance with directives (e-2) and (e-4) of the
June 16, 1998 En Banc Resolution is NOTED and ACCEPTED for being satisfactory.

G.R. No. 98-3-112

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G.R. No.

98-3-112-RTC February 25, 1999

1. Punctuality and strict observance of office hours.—Punctuality in the holding of

(2) Commend the presiding judges and staffs of RTC

(3) Authorize the acting presiding judge of RTC

(4) Direct Judge Jose P. Morallos of MeTC Branch 70

(5) Direct Atty. Aileen C. Sabarre, Branch Clerk of

(6) Conduct a judicial audit and physical inventory of

(7) Direct the property division of the OCA to provide

Judge Padolina's retirement benefits.

(1) Request Justice Secretary Serafin A. Cuevas to

(2) Direct Judge Morallos of Branch 70 and Judge

(3) Note and accept the letter of Atty. Aileen C.

WHEREFORE, in view of the foregoing—

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