Case Digest (A.M. No. MTJ-19-1927)
Facts:
This administrative case arose from a Verified Affidavit filed on November 21, 2014, by complainants Raquel L. Banawa and Simone Josefina L. Banawa against Hon. Marcos C. Diasen, Jr., the then Presiding Judge of Branch 62 of the Metropolitan Trial Court (MeTC) in Makati City, Clerk of Court III Victoria E. Dulfo, and Sheriff III Ricardo R. Albano. The complaint was related to Small Claims No. 12-3822, entitled "Standard Insurance Co., Inc. v. Simone Josefina L. Banawa and Raquel L. Banawa." The complainants alleged that they received a summons via substituted service on January 13, 2013, instructing them to file a verified response to the statement of claims from Standard Insurance. They filed their response on January 24, 2013, but were not notified of hearings scheduled on November 29, 2012, December 11, 2012, February 19, 2013, and March 19, 2013. They were surprised to receive a decision dated March 19, 2013, which found them jointly liable to pay Standard Insur...
Case Digest (A.M. No. MTJ-19-1927)
Facts:
Complainants' Allegations:
- Complainants Raquel L. Banawa and Simone Josefina L. Banawa received summons by substituted service on January 13, 2013, directing them to file a verified response to the statement of claims filed by Standard Insurance Co., Inc. in Small Claims No. 12-3822.
- They filed their response on January 24, 2013, but were not notified of the hearings scheduled on November 29, 2012, December 11, 2012, February 19, 2013, and March 19, 2013.
- They were surprised to receive a decision dated March 19, 2013, holding them jointly and solidarily liable to pay Standard Insurance P30,445.93 with 6% interest per annum.
- Upon verification, they discovered that Standard Insurance had a representative present during the hearings, despite the lack of notice of hearing in the case records.
Charges Against Respondents:
- Complainants accused Clerk of Court III Victoria E. Dulfo and Sheriff III Ricardo R. Albano of gross negligence and gross ignorance of the law for failing to properly serve the notice of hearing and summons.
- They also faulted Dulfo for allowing the case to be submitted for decision without the requisite hearing.
- Judge Marcos C. Diasen, Jr. was accused of failing to ensure that complainants were afforded the opportunity to be heard.
OCA Findings:
- The Office of the Court Administrator (OCA) found Dulfo and Albano guilty of simple neglect of duty for failing to serve the notice of hearing.
- Judge Diasen was absolved of gross negligence and gross ignorance of the law but was found to have failed in his judicial duty to diligently examine the records, which would have revealed the lack of notice of hearing.
Issue:
- Whether respondents Clerk of Court Dulfo and Sheriff Albano were guilty of gross negligence and gross ignorance of the law for failing to serve the notice of hearing and summons.
- Whether Judge Diasen was guilty of gross negligence and gross ignorance of the law for rendering a decision without ensuring that complainants were notified of the hearings.
- Whether the OCA's recommendations for penalties were appropriate.
Ruling:
Clerk of Court Dulfo and Sheriff Albano:
- The Court found Dulfo and Albano guilty of simple neglect of duty.
- Dulfo, as Clerk of Court, failed to ensure that the notice of hearing was served, and Albano, as Sheriff, failed to diligently serve the court processes.
- Both were suspended from office for two (2) months without pay and sternly warned against repeating similar acts.
Judge Diasen:
- The Court found Judge Diasen guilty of simple neglect of duty for failing to diligently discharge his administrative responsibilities.
- Since Judge Diasen had already retired, the Court imposed a fine of P20,000.00, to be deducted from his retirement benefits.
Ratio:
- (Unlock)