Case Digest (A.M. No. 02-6-142-MCTC)
Case Digest (A.M. No. 02-6-142-MCTC)
Facts:
Re: Request for the Transfer of Station of the 10th MCTC, Merida-Isabel, Leyte, A.M. No. 02-6-142-MCTC, September 20, 2004, the Supreme Court First Division, Ynares-Santiago, J., writing for the Court.The Sangguniang Bayan of the Municipality of Isabel, Leyte requested the transfer of the official station of the 10th Municipal Circuit Trial Court (MCTC) of Merida-Isabel, Leyte from Merida to Isabel. In a Resolution dated July 31, 2002 the Court granted that request but directed Judge Delia N. Bertulfo and the personnel of the MCTC to explain within ten days why they had already transferred their office and begun holding court sessions in Isabel before the Court's permission.
The MCTC personnel admitted that court offices and records had been kept in Isabel and explained that the courthouse in Merida was in poor condition, that a larger number of pending cases were in Isabel (46 criminal, 14 civil) versus Merida (8 criminal, 1 civil), and that Isabel cases were heard in Isabel while Merida cases were heard in Merida. On November 18, 2002 the Court referred the matter to the Office of the Court Administrator (OCA) for evaluation, report and recommendation.
In its January 24, 2003 Memorandum the OCA recommended that Judge Bertulfo be fined Three Thousand Pesos (P3,000.00) and that the court personnel be reprimanded for failing to seek prior permission before holding office and sessions in Isabel; the OCA also recommended reprimand for Judge Bertulfo for not complying with the Court's directive to explain. After further proceedings, including a show-cause order dated July 2, 2003 and Judge Bertulfo’s compliance dated August 14, 2003 (claiming she had submitted a September 13, 2002 letter-explanation and asserting she held sessions in both towns to avoid inconvenience to litigants), the Court again referred the matter to the OCA. By Memorandum of December 5, 2003 the OCA reiterated its previous recommendation.
The Court found the OCA recommendation well-taken, held that the unilateral transfer and holding of sessions in Isabel without prior Court authority violated Administrative Order No. 33 (June 13, 1978) as reiterated under Batas Pambansa Blg. 129 (the Judiciary Reorganization Act of 1980), and ruled that Judge Bertulfo committed simple misconduct. The Court imposed a fine of P3,000.00 on Judge Bertulfo and reprimanded the court personnel for failure to obtain prior permission; respondents were warned that repetition would be dealt with more severely. Davide, Jr., C.J., Quisumbing, Carpio, and Azcuna, JJ., concurred.
Issues:
- Did Judge Delia N. Bertulfo and the personnel of the 10th MCTC, Merida-Isabel, Leyte commit a violation of court rules or misconduct by holding office and court sessions in Isabel, Leyte prior to obtaining the Supreme Court's permission?
- If a violation occurred, are the disciplinary measures imposed (fine of P3,000.00 on the judge and reprimand of court personnel) appropriate and justified?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)