Judge Jose P. Soberano, Jr., vs. Adelia P. Nebres, etc.

A.M. NO. P-00-1426. February 23, 2001

JUDGE JOSE P. SOBERANO, JR., complainant, ADELIA P. NEBRES, Process Server, respondent.

R E S O L U T I O N

QUISUMBING, J.:

In a letter-complaint, Judge Jose P. Soberano, Jr., presiding judge of Branch 58, RTC, Cebu City, charged Adelia P. Nebres, process server in his sala, of gross neglect of duty, on account of the latter’s repeated failure to serve copies of orders, subpoenas and warrants to counsels and parties, despite adequate time given her, resulting in postponements and cancellations of scheduled hearings. When he reminded her of of her neglect, she was arrogant, insolent and angry, according to complainant. As a result of her defiance he was forced to serve the court processes by mail or through the sheriff. He also issued a Memorandum directing her to return to the court all processes still in her possession. Afterwards, he informed this Court that respondent last reported for work on April 3, 1998, filed her application for leave with the Office of the Court Administrator from April 6, 1998 to May 15, 1998 and subsequently requested for transfer to the Butuan City Telecommunications Office. However, he says her daily time records, applications for leave and request for transfer to were not verified and approved by the Branch Clerk of Court due to her pending administrative case. Also, she had not submitted her clearance for money and property accountabilities. Judge prayed for the dismissal of respondent and the assignment of a new process server to Branch 58.1âwphi1.nêt

Respondent did not respond to he charge of gross neglect of duty against her.

On March 2, 1999, in a Resolution, this Court resolved to drop Adelia P. Nebres from the rolls.

After evaluation, the Office of the Court Administrator recommended re-docketing of the instant administrative case as an administrative matter. It added that for respondent’s nonfeasance she could only be fined since she had already been dropped from the rolls. It appeared that complainant’s prayer for respondent’s dismissal for gross neglect of duty had become moot and academic due to her being dropped from the rolls.

ACCORDINGLY, as recommended, for Gross Neglect of Duty respondent Adelia P. Nebres is ordered to pay a FINE of Five Thousand Pesos (P5,000.00) to be deducted from her withheld benefits. Judge Soberano’s request for a new process server is referred to the OCA for appropriate action.

SO ORDERED.

Bellosillo (Chairman), Mendoza, Buena, and De Leon, Jr., JJ., concur.