Facts:

• Complainants Angel C. del Mundo and Edmundo T. Reyes filed a letter on June 8, 1981, regarding the delay in the raffle of Criminal Case No. 159489-SA for estafa.
• The case was filed on February 13, 1981, in the City Court of Manila by the Office of the City Fiscal.
• The matter was referred to Executive Judge Antonio Padua Paredes for action and recommendation.
• Judge Paredes directed Atty. Julia M. Naciongayo, Acting Clerk of Court, City Court of Manila, to comment on the letter.
• Naciongayo responded on June 23, 1981, stating the case was filed, received, and docketed in Branch XI on February 13, 1981, but forwarded to the Executive Judge for raffle only on June 9, 1981.
• Executive Judge Paredes directed Atty. Atilano Barrozo, Branch Clerk of Court, Branch XI, to explain the delay.
• Barrozo claimed Deputy Clerk of Court Ernesto Biscarra of Branch XI (night court) was responsible for docketing special arrest cases and had the docket stamp machine.
• Biscarra stated he received twenty new informations on February 13, 1981, and suspected someone else placed the number on the subject case while he was attending to his duties.
• Judge Paredes found Biscarra negligent for not safeguarding the docket stamping machine and held Barrozo responsible under the doctrine of command responsibility.
• Barrozo had a prior record of inexcusable neglect in a similar case on April 27, 1981.
• A higher penalty than a fine equivalent to fifteen days' salary was deemed appropriate.

Issue:

• (Unlock)

Ruling:

1. Yes, there was a delay in the raffle of Criminal Case No. 159489-SA for estafa.
2. Yes, both Atilano Barrozo and Ernesto Biscarra were found negligent in their duties, leading to the delay in the raffle of the case.
3. The court ordered Branch Clerk of Court Atilano A. Barrozo and Deputy Clerk of Court Ernesto Biscarra to each pay a fine equiva...(Unlock)

Ratio:

• The court found both respondents negligent in their duties.
• Biscarra, responsible for docketing special ar...continue reading