Case Summary (A.M. No. RTJ-04-1846)

Introduction

This document summarizes the Supreme Court's resolution regarding the administrative complaint filed against Judge Norma C. Perello for alleged gross ignorance of the law, grave misconduct, and oppression in connection with her handling of Civil Case No. 01-268.

Background of the Case

• Complainants: A group of individuals including Melecia B. Bellena and others filed the complaint against Judge Perello.
• Nature of the Case: The complainants were parties in Civil Case No. 01-268, which involved issues of illegal eviction and damages against CST Enterprises, Inc.
• Allegations Against Judge: The judge was accused of delaying the transmittal of case records to the Court of Appeals, effectively hindering the complainants' appeal.

Legal Principles Involved

• Judicial Conduct: The case revolves around the Code of Judicial Conduct, particularly Rule 3.05 and Canon 3, Rule 3.09, which mandate efficient processing of cases and records.
• Administrative Responsibilities: Judges must supervise court personnel to ensure prompt administration of justice.

Summary of Proceedings

• Complaint Filing: Complainants filed a verified letter-complaint on September 29, 2002, detailing the delay in the transmittal of records.
• Response from Judge: Judge Perello submitted a comment on November 25, 2002, defending her actions and attributing delays to her branch clerk.

Findings of the Investigating Justice

• Delay in Transmittal: The records were not sent to the Court of Appeals until December 12, 2002, which was nearly nine months after the Notice of Appeal was filed.
• Responsibility: The responsibility for record transmittal primarily lies with the clerk of court; however, judges must ensure proper management of their court's operations.

Penalty and Recommendations

• Findings: Judge Perello was found guilty of undue delay but not of gross ignorance of the law, grave misconduct, or oppression.
• Penalties: A fine of P20,000 was imposed for the undue delay, and the judge was admonished to comply with judicial conduct rules regarding prompt record handling.
• Dismissal of Charges: The other charges were dismissed due to lack of merit.

Relevant Legal Provisions

• Rules of Court: Section 10, Rule 41 outlines the duties of the clerk of court regarding the perfection of appeals and the transmittal of records.
• Sanctions for Delay: Undue delay in transmitting records constitutes a less serious charge, punishable by fines or suspension.

Key Takeaways

• Judge Norma C. Perello was penalized for failing to ensure timely transmittal of case records, emphasizing the importance of judicial efficiency and administrative oversight.
• The complainant

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Case Syllabus (A.M. No. RTJ-04-1846)

Case Background

• The case involves a verified letter-complaint filed on September 29, 2002, against Judge Norma C. Perello by multiple complainants who were parties in Civil Case No. 01-268.
• The complainants charged Judge Perello with gross ignorance of the law, grave misconduct, and oppression due to her actions during the aforementioned civil case, which concerned illegal eviction, loss of property, damages, and other legal remedies against CST Enterprises, Inc. and others.

Procedural History

• The complainants initiated their civil action against CST on grounds of illegal eviction and sought various reliefs including damages, an injunction, and a temporary restraining order.
• CST Enterprises filed a motion to dismiss, which Judge Perello granted on November 22, 2001.
• The complainants requested reconsideration of this dismissal, which was denied on January 28, 2002.
• Following the denial, the complainants filed a Notice of Appeal on February 2, 2002, which Judge Perello acknowledged in an order on March 6, 2002.
• However, the records of the case were not transmitted to the Court of Appeals until December 12, 2002, creating a significant delay.

Allegations Against the Respondent

• Complainants alleged that Judge Perello had deliberately delayed the transmission of their appeal records, thus thwarting their quest for justice.
• They invoked Rule 3.05 of the Code of Judicial Conduct, asserting that the respondent had acted with malice and intent to frustrate the

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