Title
Supreme Court
Re: Report on the Judicial Audit Conducted in the RTC Branch 60, Barili, Cebu
Case
A.M. No. 04-7-373-RTC, 04-7-374-RTC
Decision Date
Dec 17, 2004
A judicial audit revealed Judge Suerte’s gross misconduct, incompetence, and violations of procedural rules, leading to his dismissal. Judge Tormis and Atty. Paquero-Razonable were also sanctioned for procedural lapses.

Case Summary (A.M. No. 04-7-373-RTC, 04-7-374-RTC)

Key Dates

  • January 23, 2005: Compulsory retirement of Judge Suerte.
  • March 3, 2004: Issuance of Administrative Order No. 36-2004, which limited Judge Suerte's authority to take cognizance of newly filed cases.
  • June 1, 2004: Filing of a petition for the issuance of letters of administration in the estate of Josef Stockli.

Applicable Law

The case primarily references the provisions set forth in the Philippine Rules of Court and Administrative Order No. 36-2004. It also emphasizes the duties of judges under the 1987 Philippine Constitution, highlighting the principles of due process and proper adjudication within judicial processes.

Findings of Judicial Audit

The judicial audit conducted by the team led by Atty. Rullyn S. Garcia revealed substantial findings regarding Judge Suerte's handling of cases, particularly his failure to act on 170 filed cases and his violation of the administrative order prohibiting him from handling newly filed cases. It was established that Judge Suerte acted on numerous cases without the necessary jurisdiction or procedural fidelity, leading to significant delays and mismanagement in the court.

Administrative Order Violation

Judge Suerte was specifically found to have ignored Administrative Order No. 36-2004, which assigned the handling of all newly filed cases to Judge CaAete. Notably, he presided over the Devinadera case, which should not have been allocated to him due to the administrative order's stipulations that became effective on March 3, 2004. Despite being aware of this order, Judge Suerte continued to manage new cases, resulting in widespread procedural violations.

Case Management Issues

The audit highlighted Judge Suerte's lapses in managing his docket, which included cases associated with dubious residential claims from petitioners seeking annulments, indicating a lack of due diligence. Cases were often processed without appropriate scrutiny, leading to allegations that Judge Suerte had acted with undue haste in his decisions, which adversely affected the respondents' rights.

Fabrication of Records

A significant finding was Judge Suerte's rendering of a decision based on what was deemed a fabricated transcript of stenographic notes in the case Santos v. Santos. This raised serious concerns regarding the integrity of the judicial process and the credibility of judicial records maintained by Judge Suerte.

Double Dismissals and Judicial Misconduct

In the estafa case against Eddie Conag, Judge Suerte issued two dismissal orders on the same grounds, leading to questions concerning the validity and basis for his decisions. The confusion surrounding these dismissals revealed a systemic failure within Judge Suerte’s judicial practice.

Conduct and Dismissal

Ultimately, Judge Suerte was found guilty of gross misconduct, gross ignorance of the law, and incompetence. The Supreme Court dismissed him from the service with the forfeiture of retirement benefits, marking a serious consequence for his disregard

...continue reading

Analyze Cases Smarter, Faster
Jur is a legal research platform serving the Philippines with case digests and jurisprudence resources.