Case Digest (A.M. No. P-16-3515)
Facts:
Arnold G. Tecson v. Atty. Maricel Lilled Asuncion‑Roxas, A.M. No. P-16-3515 (Formerly OCA I.P.I. No. 15-4401-P), August 10, 2016, Supreme Court Third Division, Reyes, J., writing for the Court.On January 31, 2008 an information charging Arnold G. Tecson with violation of Section 5(a) of Republic Act No. 9262 was filed in the Regional Trial Court (RTC) of Trece Martires City as Criminal Case No. TMCR-038-08 and raffled to Branch 23. The presiding judge issued a Hold-Departure Order; Tecson’s name was entered in the Bureau of Immigration Hold‑Departure List and the Department of Foreign Affairs Look‑Out List. At the time he was employed in Doha, Qatar under a contract effective until September 3, 2011.
After the RTC convicted Tecson by decision dated October 10, 2013, he received a copy on November 4, 2013 and filed a Notice of Appeal the same day. Despite the perfection of his appeal, the records were not received by the Court of Appeals (CA) as of November 10, 2014; the CA advised Tecson to obtain certification from the RTC as to the status of his appeal. Tecson wrote the Clerk of Court of Branch 23 on January 23, 2015 to transmit the records within five days, but the records were not forwarded timely; they were ultimately transmitted on February 23, 2015.
Because he could not pursue relief from the Hold‑Departure Order at the CA, Tecson said he lost an employment opportunity in Lagos, Nigeria. On March 18, 2015 he filed an administrative affidavit‑complaint with the Office of the Court Administrator (OCA) charging Atty. Maricel L. Asuncion‑Roxas, Clerk of Court VI assigned to RTC Branch 23, with gross neglect of duty for failing to transmit the complete records to the CA. The OCA indorsed the complaint to respondent for comment; respondent replied on May 18, 2015 asserting she immediately handed the notice of appeal and fees to the clerk assigned to criminal cases, that her heavy workload and a misplaced set of transcripts of stenographic notes (TSNs) caused the delay, and that she may have transmitted the record without the TSNs.
On April 4, 2016 the Court Administrator issued a Report recommending respondent be found guilty of gross neglect of duty and fined P5,000.00 with a stern warning. The Supreme Court reviewed the OCA Report and rendered judgment on August 10, 2016, adopting the OCA findings but increasing the fine to P15,000.00.
Issues:
- Is the respondent guilty of gross neglect of duty for failing to transmit the complete record of Criminal Case No. TMCR-038-08 to the Court of Appeals within the period required by the Rules of Court?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)