Case Digest (A.M. No. MTJ-02-1438)
Facts:
The case involves Executive Judge Henry B. Basilia as the complainant against Judge Amado L. Becamon, Clerk of Court II Lolita Delos Reyes, and Process Server Eddie Delos Reyes, all of the Municipal Circuit Trial Court in Placer-Cawayan-Esperanza, Masbate. The events leading to the complaint began with an order dated April 5, 2000, in which Judge Basilia dismissed the appeal in Civil Case No. 288 (MCTC Case No. 263-C) entitled Visitacion Mahusay Vda. de Du v. Benjamin Du, et al. The dismissal was based on the appeal being frivolous and filed out of time. Judge Basilia noted several irregularities in the handling of the case records by the respondents. Specifically, he pointed out that the trial court's decision dated January 15, 1999, was released only on March 2, 1999, which was a month and a half after the decision was made. The defendants received a copy of the judgment on March 12, 1999, and subsequently filed a motion for reconsideration on March 15, 1999. However, t...
Case Digest (A.M. No. MTJ-02-1438)
Facts:
Background of the Case
- The case involves an administrative complaint filed by Executive Judge Henry B. Basilia against Judge Amado L. Becamon, Clerk of Court Lolita Delos Reyes, and Process Server Eddie Delos Reyes for grave misconduct, gross ignorance of the law, and dishonesty. The complaint arose from irregularities in the handling of Civil Case No. 263-C, a case for recovery of possession and ownership of land.
Delays in Service of Court Documents
- The trial court's decision in Civil Case No. 263-C was dated January 15, 1999, but it was only released on March 2, 1999, a month and a half later. The defendants received the judgment on March 12, 1999.
- The defendants filed a motion for reconsideration on March 15, 1999. The order denying the motion for reconsideration was dated May 7, 1999, but it was mailed only on October 8, 1999, five months later. The defendants received the denial on October 27, 1999.
Procedural Errors in the Appeal
- On November 3, 1999, the defendants filed a notice of appeal but failed to pay the docket fees, rendering the appeal unperfected.
- On February 14, 2000, Judge Becamon granted the defendants an extension to file a notice of appeal, despite the lapse of the reglementary period. The defendants filed a second notice of appeal on March 7, 2000, which was approved by Judge Becamon.
Respondents' Explanation
- Judge Becamon admitted to errors in the handling of the case but claimed they were not motivated by malice or material gain. He explained that the delays were due to mistakes by his subordinates, Clerk of Court Lolita Delos Reyes and Process Server Eddie Delos Reyes, who also admitted their errors.
Issue:
- Whether Judge Amado L. Becamon is guilty of gross ignorance of the law and procedure for extending the appeal period beyond the reglementary period.
- Whether Clerk of Court Lolita Delos Reyes and Process Server Eddie Delos Reyes are guilty of neglect of duty for the delays in serving court documents.
- Whether the respondents should be held administratively liable for dishonesty or gross misconduct.
Ruling:
- Judge Amado L. Becamon was found liable for gross ignorance of the law and procedure. He was fined P21,000 for violating elementary rules of procedure concerning appeals and for mismanaging the court's administrative duties.
- Clerk of Court Lolita Delos Reyes and Process Server Eddie Delos Reyes were found guilty of simple neglect of duty. Each was fined an amount equivalent to their salary for one month and one day.
- The respondents were warned that a repetition of similar offenses would be dealt with more severely.
Ratio:
- (Unlock)