Case Digest (A.M. No. P-236)
Facts:
The case involves Eduardo G. Bautista as the complainant and Avelino Joaquin, Jr., the Deputy Clerk of Court of the Court of First Instance of Bulacan, Branch III, as the respondent. The events leading to the complaint occurred in the context of Civil Case No. 89-V-73, where Bautista was the plaintiff against Antonio Bautista and others for breach of contract. On January 10, 1974, Bautista's counsel filed a "Motion to declare defendants in default," arguing that the defendants had failed to file their responsive pleading despite being granted a fifteen-day extension that expired on December 24, 1973. However, on January 14, 1974, the trial court denied this motion, stating that the defendants had indeed filed their answer on December 19, 1973. Bautista's counsel submitted a motion for reconsideration, which remained unresolved. Prior to the scheduled pre-trial on February 18, 1974, Bautista and his counsel examined the case records on January 8, 1974, and fo...
Case Digest (A.M. No. P-236)
Facts:
Background of the Case:
- Eduardo G. Bautista, the complainant, was the plaintiff in Civil Case No. 89-V-73 for Breach of Contract against Antonio Bautista and others.
- The case was pending in the Court of First Instance of Bulacan, Branch III.
Filing of the Motion to Declare Defendants in Default:
- On January 10, 1974, complainant’s counsel filed a "Motion to Declare Defendants in Default" on the grounds that the defendants failed to file their responsive pleading despite a 15-day extension that expired on December 24, 1973.
- On January 14, 1974, the trial court denied the motion, stating that the defendants had filed their answer on December 19, 1973.
Examination of Court Records:
- Before filing the motion, complainant and his counsel examined the court records on January 8, 1974, and found no answer attached.
- Miss Avelina Macalanda, the clerk-in-charge, confirmed that there was no entry in the record book indicating receipt of the defendants' answer.
Respondent’s Admission:
- Respondent Avelino Joaquin, Jr., the deputy clerk of court, admitted to the presiding judge that he received the defendants' answer on December 19, 1973, but forgot to attach it to the records due to work pressure.
Contradictory Statements:
- Respondent claimed he gave the pleading to Miss Macalanda upon her return, but her affidavit contradicted this, stating she was unaware of the answer until after the complainant’s visit.
Irregularities:
- The answer was not attached to the records as of January 8, 1974, and no copy was furnished to the complainant’s counsel.
- The entry book did not reflect the receipt of the answer on December 19, 1973.
Issue:
- Whether respondent Avelino Joaquin, Jr. committed irregularity in receiving and handling the defendants' answer.
- Whether the respondent’s actions undermined the integrity of the court and public trust in the judicial process.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)