Title
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.
report
judicial audit
violation
A

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

Factual Background and Triggering Events

The Court acted after Deputy Court Administrator (DCA) Christopher Lock recommended that a judicial audit be immediately conducted on RTC Branch 60 in response to the public controversy regarding the handling of the Devinadera case. This recommendation led to instructions from Chief Justice Hilario G. Davide, Jr. for a judicial audit and an inquiry into compliance with AO No. 36-2004, not only as to the Devinadera case but also as to other matters Judge Suerte had heard, tried, or decided after the AO’s issuance.

The audit team headed by Atty. Rullyn S. Garcia submitted its report on July 9, 2004. The report was summarized in the Court’s earlier en banc Resolution dated October 12, 2004, which set out the principal administrative findings against Judge Suerte, and further highlighted related irregularities involving other judicial officers and the Clerk of Court.

Judicial Audit Findings and the Charges vs. Judge Ildefonso B. Suerte

The audit report, as summarized in the October 12, 2004 resolution, described multiple grounds on which Judge Suerte was later made to show cause. These included serious delays in acting on numerous cases, violations of AO No. 36-2004, deficiencies in exercising jurisdictional scrutiny in petitions for annulment and declaration of nullity, decisions rendered with undue haste contrary to procedural safeguards in marriage cases, and further irregular conduct ranging from reliance on allegedly fabricated stenographic transcripts to improper handling of criminal and special proceedings.

The summarized findings against Judge Suerte included, first, failure to act or take further action on a large number of cases despite the lapse of considerable time from their filing or from the last action taken by the court. The report specified a total of 51 civil cases and 119 criminal cases, enumerated in the resolution, characterized as dormant or neglected.

Second, the report found that he had acted or taken cognizance of certain cases in violation of AO No. 36-2004. The cases identified were Civil Cases Nos. 365, 366, 367, 372, 373, 374, 376, 377, 378, 379, 380, 381, 382, 383, 384, 386, 387, SP-BAR-266, and Criminal Cases Nos. 1034, 1035, 1039.

Third, the audit concluded that Judge Suerte had failed to make a judicious assessment of allegations in petitions for declaration of nullity and annulment, particularly on the addresses of petitioners, raising concerns about whether the petitioners were genuine residents within the territorial jurisdiction of RTC Branch 60. The resolution criticized specific patterns, including the use of the abbreviation “c/o”—treated as connoting that the petitioner was not an actual resident—and apparent changes of address made after the filing of the petition.

Fourth, the audit attributed to Judge Suerte undue haste in the handling of marriage nullity and annulment cases, citing orders where evidence was received ex parte or cases were submitted for decision within short spans, with prejudice to respondents. The report discussed instances where the records purportedly failed to show that respondents were duly notified of hearings, and instances where cases were submitted for decision in less than the time the Court considered consistent with procedural fairness.

Fifth, the audit found that Judge Suerte rendered a decision in Civil Case No. CEB-BAR-250, Santos v. Santos based on what appeared to be a fabricated transcript of stenographic notes. The resolution emphasized multiple factors casting doubt on the TSN’s authenticity, including the absence of the stenographer’s name in the TSN, certifications from Branch 60 stenographers denying preparation of the TSN, a certification by the resident prosecutor denying attendance on the alleged date, the absence of the case in the calendar for that day, and the TSN’s stamp of receipt from a clerk-in-charge not belonging to the branch.

Sixth, the audit found that Judge Suerte proceeded with Criminal Case No. CEB-BRL-1039 (People vs. Devinadera) and decided it despite knowledge of another pending case in RTC Cebu City involving the same subject matter, docketed as Criminal Case No. CBU-62308.

Seventh, the audit found significant procedural infirmity in SP-BAR-266, the matter In the Matter of Settlement of the Intestate Estate of the Late Jose Stockli of Lambug, Badian, Cebu, where Judge Suerte ordered the appointment of a special administrator one day after the filing of the petition and did so without the required notice and hearing. The resolution tied this to violations of Section 3, Rule 79 and Section 1, Rule 80 of the Rules of Court, including emphasis that a special administrator is not to be appointed as a matter of course and that creditors were entitled to notice and hearing.

Eighth, the audit also described irregularities in dismissal orders in Criminal Case No. CEB-BRL-742 (People vs. Conag), where the same ground of affidavit of desistance appeared to have been used twice, though the affidavit was allegedly executed after the earlier dismissal date, and where the second dismissal was issued without legal or factual basis as found by the audit.

Finally, the audit included the finding that Judge Suerte acted with questionable propriety and possibly personal interest, citing record-based patterns of extraordinarily prompt decisions amid a docket characterized by numerous dormant cases.

Procedural History: Show-Cause Orders and Submission for Resolution

Following the audit report and the Court’s en banc review, the Court issued orders requiring the concerned individuals to show cause. Judge Suerte was suspended pending final resolution and was directed to show cause within fifteen (15) days from notice why he should not be dismissed from service for multiple enumerated acts and omissions, corresponding to the audit’s findings. His suspension and show-cause order covered, among others, the failure to act on numerous cases, violation of AO No. 36-2004, deficiencies in territorial jurisdiction assessments, undue haste in marriage cases, reliance on allegedly fabricated TSN material in the Santos case, improper handling in the Devinadera case notwithstanding a related pending case, violation of notice-and-hearing requirements in the Stockli special administrator appointment, and the issuance of apparently baseless dismissal orders in the Conag case.

In the same resolution, the Court directed Judge Rosabella M. Tormis to show cause why she should not be disciplined for approving bail and ordering release in certain criminal cases, described as having been done in clear violation of Section 17, Rule 114 of the Revised Rules of Criminal Procedure.

The Court also directed Clerk of Court VI Atty. Rhoda S. Paquero-Razonable to show cause why disciplinary action should not be taken for failure to ensure an orderly and efficient record management system, and for violation of Section 9, Rule 30 of the Rules of Civil Procedure in connection with ex parte evidence reception and the issuance of an order in LRC No. 200 entitled Dela Cruz v. Register of Deeds of the Province of Cebu.

The Court later recorded that despite the lapse of the period and extensions, none of the respondents filed the required answers or comments/explanations, and the Court therefore deemed the filing waived and resolved the case on the basis of the record.

The Parties’ Positions as Reflected in the Record

The resolution recounted that Judge Suerte submitted explanations and statements addressing why he acted as he did. His defense, as reflected in the audit-related narrative, centered on an alleged interpretation that AO No. 36-2004 only limited which cases the assisting judge could act on but did not fully divest him of authority as regular presiding judge of RTC Branch 60, and that his actions were motivated by a desire to speed disposition of detention prisoner cases and maximize the availability of the public prosecutor.

With respect to the Devinadera case, Judge Suerte maintained that his sala acquired jurisdiction upon the filing of the information and upon the accused’s voluntary appearance during arraignment. He further asserted that the conviction was based on a plea of guilt after plea bargaining.

Judge Canete’s sworn statement, as narrated in the record, indicated awareness of the AO’s limitation upon receipt and his view that the AO required his own handling of newly filed cases and cases where pre-trial had not been terminated, while also indicating that he became aware of noncompliance only after local news reports.

Legal Issues Presented by the Administrative Charges

The administrative charges necessarily raised issues involving: whether Judge Suerte acted in contempt of AO No. 36-2004 by taking cognizance of cases beyond the AO’s scope and effective date; whether his conduct in the Devinadera case and other proceedings violated procedural and jurisdictional requirements; whether his decisions showed gross ignorance, incompetence, or grave misconduct—particularly where the Court found fabricated TSN, irregular dismissals, and procedural lapses in special proceedings; and whether the other respondents violated the rules on bail applications and the authority of the clerk of court to rule on admission of evidence, as well as record management duties.

Ruling of the Court: Disposition and Sanctions

The Court held that Judge Ildefonso B. Suerte was guilty of gross misconduct in office, gross ignorance of the law, and incompetence, and the Court imposed the penalty of dismissal from the service. The resolution also mandated forfeiture of all retirement benefits and privileges and barred reinstatement in any branch of government service, including government-owned and controlled agencies or corporations, with prejudice to any reinstatement.

As to Judge Rosabella M. Tormis, the Court found her guilty of gross violation of Section 17, Rule 114 for approving bail and ordering the release of accused persons in crim

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