Case Digest (A.M. No. RTJ-04-1838)
Facts:
- A complaint was filed on August 11, 2003, against Judge Agustin S. Dizon and Atty. Reza M. Casila-Derayunan.
- The case centered on their failure to send records of Civil Case No. Q-95-24507 to the Court of Appeals within 30 days after the trial court's decision on July 22, 2002.
- Plaintiffs Eusebio Osorio, Danilo, and Rosita Amor were adversely affected by the trial court's ruling.
- Atty. Florentino L. Quendangan filed a notice of appeal on August 26, 2002, which Judge Dizon acknowledged on September 25, 2002.
- The required records were not forwarded to the appellate court.
- Danilo Amor filed a motion to discharge his counsel and withdraw the notice of appeal on May 23, 2003, which was granted by Judge Dizon on June 4, 2003.
- Amor later sought to retract his motion.
- The records were eventually sent to the Court of Appeals on November 13, 2003, after an eleven-month delay, attributed to negligence and bias by Judge Dizon and Atty. Casila-Derayunan.
Issue:
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Ruling:
- Atty. Reza M. Casila-Derayunan was found negligent and fined P1,000.
- Judge Agustin S. Dizon was admonished for a lack of due care but was not held liable for grave misconduct.
- The Court concluded that whil...(Unlock)
Ratio:
- The Court highlighted the necessity of timely record transmission for effective case resolution, referencing Section 10 of Rule 41 of the Rules of Court.
- Atty. Casila-Derayunan's failure to transmit records within the 30-day timeframe was deemed negligent, warranting disciplinary action, although her heavy workload was considered a mitigating factor.
- Judge Dizon's supervisory responsibilities were acknowledged, but it was unreasonable to expect him to constantly monitor his staff's performance.
- His decision to gr...continue reading
Case Digest (A.M. No. RTJ-04-1838)
Facts:
In the case of Eusebio Osorio vs. Judge Agustin S. Dizon and Atty. Reza M. Casila-Derayunan, the complaint was lodged on August 11, 2003, against Judge Dizon, who presided over the Regional Trial Court, Branch 80, Quezon City, and Atty. Casila-Derayunan, the Branch Clerk of Court. The complaint arose from their failure to transmit the records of Civil Case No. Q-95-24507 to the Court of Appeals within the mandated 30-day period following the trial court's decision rendered on July 22, 2002. The plaintiffs, Eusebio Osorio along with Danilo and Rosita Amor, were adversely affected by the trial court's ruling. Following the decision, Atty. Florentino L. Quendangan filed a notice of appeal on August 26, 2002, which Judge Dizon acknowledged on September 25, 2002. However, the records were not forwarded to the appellate court as required. On May 23, 2003, Danilo Amor filed a motion to discharge his counsel and withdraw the notice of appeal, a motion granted by Judge Dizon on June 4, 2003. This decision was later contested when Amor attempted to retract his motion. Ultimately, the records were transmitted to the Court of Appeals on November 13, 2003, after an eleven-month delay, which Osorio attributed to negligence and bias exhibited by Judge Dizon and Atty. Casila-Derayunan.
Issue:
- Did Judge Agustin S. Dizon and Atty. Reza M. Casila-Derayunan commit g...