Title
Agregado vs. Bellosillo
Case
A.M. No. MTJ-05-1600
Decision Date
Aug 9, 2005
Judge Bellosillo admonished for oversight; Huerto suspended for neglect; Banaban exonerated in case involving delayed justice and mishandled records.
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Case Digest (A.M. No. MTJ-05-1600)

Facts:

Filing of the Complaint

  • On September 10, 2002, Susana Joaquin Vda. de Agregado (complainant) filed a complaint for sum of money and damages against Jose Marcell Panlilio et al. in the Quezon City Metropolitan Trial Court (MeTC), Branch 36.
  • The defendants were served with summons on September 16, 2002, but failed to file an answer or any responsive pleading within the reglementary period.

Default Judgment and Decision

  • Complainant filed a Motion to Declare Defendants in Default, which was granted by Judge Edgardo B. Bellosillo on December 6, 2002.
  • On March 3, 2003, Judge Bellosillo rendered a decision in favor of the complainant.
  • The decision was served on defendant Jose Marcell Panlilio on April 4, 2003.

Motion for Execution and Notice of Appeal

  • On April 22, 2003, complainant filed a Motion for Execution, which was set for hearing on April 25, 2003.
  • On April 23, 2003, Atty. Dennis G. Manicad filed a Notice of Appeal, claiming he received the decision on April 8, 2003.
  • During the hearing on April 25, 2003, neither the defendants nor Atty. Manicad appeared. Judge Bellosillo ordered the Branch Sheriff to submit a return regarding the service of the decision.

Sheriff's Return and Denial of Motion for Execution

  • The Sheriff’s Return, dated April 29, 2003, confirmed that the decision was served on April 4, 2003.
  • Despite this, Judge Bellosillo, in an Order dated April 30, 2003, denied the Motion for Execution, ruling that the 15-day reglementary period for appeal should be reckoned from the date the defendants' counsel received the decision (April 8, 2003).

Motion for Reconsideration and Administrative Complaint

  • Complainant filed a Motion for Reconsideration on June 4, 2003, but it was not acted upon by Judge Bellosillo.
  • The records of the case were transmitted to the Regional Trial Court (RTC) on June 23, 2003, without the Motion for Reconsideration.
  • Complainant filed an administrative complaint against Judge Bellosillo, Legal Researcher Leonila S. Huerto, and Clerk III Theresa T. Banaban, alleging various violations, including rendering an unjust order, delaying justice, and infidelity in the custody of documents.

Issue:

  1. Whether Judge Edgardo B. Bellosillo committed violations of the Revised Penal Code, Anti-Graft and Corrupt Practices Act, and the Code of Judicial Conduct in rendering the Order dated April 30, 2003.
  2. Whether Legal Researcher Leonila S. Huerto and Clerk III Theresa T. Banaban were guilty of infidelity in the custody of documents for failing to include the Motion for Reconsideration in the transmitted records.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Conclusion:

The Court dismissed the complaint against Judge Bellosillo and Banaban but found Huerto guilty of simple neglect of duty, suspending her for one month and one day. Judge Bellosillo was admonished to exercise greater care in his judicial duties.


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