Mondala v. Mariano

EN BANC

[A.M. No. RTJ-06-2010. January 30, 2008.]

MARISSA R. MONDALA, Legal Researcher, Regional Trial Court, Branch 136, Makati City, complainant, vs. PRESIDING JUDGE REBECCA R. MARIANO, Regional Trial Court, Branch 136, Makati City, respondent.

R E S O L U T I O N

YNARES-SANTIAGO, J p:

In the Decision dated January 25, 2007, respondent Judge Rebecca R. Mariano of the Regional Trial Court (RTC) of Makati City, Branch 136, was found guilty of misrepresenting that she had decided the case of "Amanet, Inc. v. Eastern Telecommunication" as of January 2005 and of making inaccurate entries in the monthly reports. Respondent judge was meted the penalty of fine of P40,000.00, with warning that commission of the same or similar offense will be dealt with more severely. Respondent judge moved for reconsideration but was denied with finality on February 27, 2007.

In the meantime, or on January 31, 2007, the Office of the Court Administrator (OCA) submitted a Memorandum for the Court's consideration which contained the report of the team which conducted the judicial audit and physical inventory of pending cases at the RTC, Branch 136, Makati City, presided by respondent judge. The OCA recommended that respondent judge be directed to:

A. TAKE APPROPRIATE ACTION on the following cases:

A.1. Cases without initial action since the time of filing:

CASE NUMBER	TITLE	NATURE OF CASE
SP M-6253	In the Matter of Guardianship	Petition for Guardianship
		of Minor Kenneth Frank A.
		Tumanar, et al.

A.2. Cases which have not been set for hearing for a considerable length of time:

CASE NUMBER	TITLE	NATURE OF CASE
1.	04-606	M. Mitra vs. B. Mitra	Declaration of Nullity of
			Marriage
2.	05-1080	C. Arinto vs. M. Arinto	Declaration of Nullity of
			Marriage

A.3. Cases without further action for a considerable length of time due to the non-compliance by public prosecutors/parties concerned with the Court's directive:

CASE NUMBER	TITLE	NATURE OF CASE
1.	04-764	N. Galisim vs. G. Galisim	Declaration of Nullity of
			Marriage
2.	04-815	R. Villanueva vs. C. Villanueva	Declaration of Nullity of
			Marriage
3.	04-844	P. Salem vs. V. Reyes-Alonzo	Declaration of Nullity of
			Marriage
4.	04-910	M. Medina vs. R. Medina	Declaration of Nullity of
			Marriage
5.	04-1145	R. Perez vs. E. Mendoza	Declaration of Nullity of
			Marriage
6.	04-1159	V. Beltran vs. J. Beltran	Declaration of Nullity of
			Marriage
7.	04-1240	D. dela Cruz vs. J. dela Cruz	Declaration of Nullity of
			Marriage
8.	03-702	E. Cayco vs. A. Cayco	Declaration of Nullity of
			Marriage
9.	03-385	J. Garcia vs. J. Garcia	Declaration of Nullity of
			Marriage
10.	05-1080	C. Arinto vs. M. Arinto	Declaration of Nullity of
			Marriage
11.	01-665	Equitable PCI Bank vs. Phil.	Collection of Sum of
		Wireless, Inc.	Money with Prelim.
			Attachment
12.	06-047	F. Dumlao vs. J. Dumlao	Declaration of Nullity of
			Marriage
13.	06-212	E. Ferrer vs. R. Ferrer	Declaration of Nullity of
			Marriage
14.	06-468	M. Macatubal vs. S. Macatubal	Declaration of Nullity of
			Marriage
15.	06-371	V. Alap vs. Z. Alap	Declaration of Nullity of
			Marriage
16.	05-976	D. Felix vs. P. Felix, Jr.	Declaration of Nullity of
			Marriage
17.	06-1094	G. Wessels vs. H. Wessels	Declaration of Nullity of
			Marriage
18.	04-050	A. Ramirez vs. N. Ramirez	Declaration of Nullity of
			Marriage
19.	SP-M-6127	H. Bayudan, DSWD-Petitioner	Petition for Involuntary
			Commitment to DSWD
			of Stephanie H. Rapeda
20.	SP-M-6158	Sps. C and E Payumo-Petitioner	In the Matter of
			Adoption of Minor Von
			Alvaro Payumo

B. RESOLVE the pending motions/incidents submitted for resolution in these cases and FURNISH this Office copy of the resolution/order within ten (10) days from their resolution:

CRIMINAL CASES
CASE NUMBER	TITLE	NATURE OF CASE
1.	06-1140
2.	06-1141	E. Gipan, et al.	Violation of R.A. 8049
3.	06-1142
CIVIL CASES
CASE NUMBER	TITLE	NATURE OF CASE
1.	99-1463	Lucena Industrial Corp. vs.	Annulment of Mortgage
		Phil. Banking Corp., et al.	and Foreclosure
2.	00-318	Iba Finance vs. Wijds Food	Collection of Sum of
		Manufacturing, et al.	Money
3.	01-071	Actron Industries vs. B. Perez	Damages
4.	01-1506	Sun Life Canada vs. Ma. D.	Rescission of Contract
		Sibya
5.	01-1656	Shorr Marketing vs. Manila	Collection of Sum of
		Mining	Money
6.	01-1665	ATR Professional Life vs.	Declaration of Nullity of
		Loyola Life Plans	Individual Insurance
			Coverage
7.	04-1031	E. Ariola vs. E. Azucena	Declaration of Nullity of
			Marriage
8.	03-660	V. Cruz vs. C. Cruz	Declaration of Nullity of
			Marriage
9.	97-3020	D. Padilla vs. China Banking	Collection of Sum of
			Money
10.	M-5413	PDIC vs. DCB	Judicial Liquidation of
			Davao Cooperative
			Bank
11.	97-1035	Union Bank vs. Terra Marine	Collection of Sum of
		Multi Ventures	Money

C. DECIDE with DISPATCH the criminal and civil cases below and FURNISH this Office copy of the decisions/orders within ten (10) days from their promulgation/rendition:

CRIMINAL CASES
CASE NUMBER	TITLE	NATURE OF CASE
1.	02-1877	J. Beltran, et al.	Estafa
2.	04-2319	M. Nicos, et al.	Grave Coercion
3.	05-1113	J. Payaon, et al.	Theft
CIVIL CASES
CASE NUMBER	TITLE	NATURE OF CASE
1.	98-2433	Rotary Textiles vs. Sps. F.	Collection of Sum of
		Ty	Money
2.	99-1276	Allied Banking vs. MBL	Collection of Sum of
		Factors and Traders, Inc.,	Money
		et al.
3.	02-1524	Subic Bay Distribution vs.	Collection of Sum of
		Western Guaranty Corp.	Money
4.	03-264	Protemps, Inc. vs. Ram	Collection of Sum of
		Leasing	Money
5.	05-835	H. Herrera vs. G. Herrera	Declaration of Nullity of
			Marriage
6.	03-298	R. Gonzales vs. M. Devett	Declaration of Nullity of
			Marriage
7.	01-1546	Metrobank vs. Ma. Batenga	Collection of Sum of
			Money
8.	06-160	R. Vicente vs. R. Vicente	Declaration of Nullity of
			Marriage
9.	02-102	BPI vs. Sps. B. Ong	Collection of Sum of
			Money
10.	02-1018	Tokio Marine vs. KLM	Collection of Sum of
		Royal Dutch Airlines	Money
11.	97-2840	M. Reyes vs. Bank of	Damages
		Southeast Asia
12.	99-284	J. Sanatayana vs. Motivation	Collection of Sum of
		Motors	Money
13.	97-084	Prudential Guarantee and	Collection of Sum of
		Assurance vs. Unknown	Money
		Owner of Vessels M/V
		Hanjin
14.	92-2012	R. Tandoc vs. Pepsi-Cola	Collection of Sum of
			Money
15.	95-1516	A. Capitan vs. Pepsi Cola	Collection of Sum of
			Money
16.	02-057	N. Construction vs. Sps. H.	Collection of Sum of
		Rivera, et al.	Money
17.	95-408	Masaganang Sakahan vs.	Collection of Sum of
		L. Po	Money
18.	94-1292	Sps. E. Cruzado vs. Sps. B.	Specific Performance
		Biluan
19.	Spec. Pro.	Sps. M. Konishi, petitioners	Petition for Adoption of
			Minor M-60-51 and
			Change of Name
20.	Spec. Pro.	I.G. Barona, petitioner	Petition for Adoption
	M-5987

D. EXPLAIN within fifteen (15) days from receipt why she should not be held administratively liable for not resolving/deciding the following criminal and civil cases submitted for resolution/decision, within the reglementary period, to wit:

D.1. Cases Submitted for Resolution which are already beyond the reglementary period to resolve:

CRIMINAL CASES
CASE NUMBER	TITLE	NATURE OF CASE
1.	01-071	Actron Industries vs. B.	Damages
		Perez
2.	01-1506	Sun Life Canada vs. Ma.	Rescission
		D. Sibya
3.	01-1665	ATR Professional Life vs.	Nullity of Individual
		Loyola Life Plans	Insurance Coverage
4.	04-1031	E. Ariola vs. E. Azucena	Declaration of Nullity of
			Marriage
5.	03-660	V. Cruz vs. C. Cruz	Declaration of Nullity of
			Marriage
6.	97-3020	D. Padilla vs. China	Collection of Sum of
		Banking	Money
7.	97-1035	Union Bank v. Terra	Collection of Sum of
		Marine Multi Ventures	Money

D.2. Cases submitted for decision which are already beyond the reglementary period to decide:

CRIMINAL CASES
CASE NUMBER	TITLE	NATURE OF CASE
1.	02-1877	J. Beltran, et al.	Estafa

CIVIL CASES
CASE NUMBER	TITLE	NATURE OF CASE
1.	98-2433	Rotary Textiles vs. Sps. F. Ty	Collection of Sum of
			Money
2.	99-1276	Allied Banking vs. MBL Factors	Collection of Sum of
		and Traders, Inc., et al.	Money
3.	02-1524	Subic Bay Distribution vs.	Collection of Sum of
		Western Guaranty Corp.	Money
4.	01-1546	Metrobank vs. Ma. Batenga	Collection of Sum of
			Money
5.	02-102	BPI vs. Sps. B. Ong	Collection of Sum of
			Money
6.	97-2840	M. Reyes vs. Bank of Southeast	Damages
		Asia
7.	97-084	Prudential Guarantee and	Collection of Sum of
		Assurance vs. Unknown	Money
		Owner of Vessels M/V Hanjin
8.	92-2012	R. Tandoc vs. Pepsi-Cola	Collection of Sum of
			Money
9.	95-1516	A. Capitan vs. Pepsi Cola	Collection of Sum of
			Money
10.	02-057	N. Construction vs. Sps. H.	Collection of Sum of
		Rivera, et al.	Money
11.	95-408	Masaganang Sakahan vs. L. Po	Collection of Sum of
			Money
12.	94-1292	Sps. E. Cruzado vs. Sps. B.	Specific Performance
		Biluan

On February 20, 2007, the Court noted OCA's Memorandum and adopted its recommendations. On March 15, 2007, respondent judge submitted her Compliance with the February 20, 2007 Resolution which was referred by the Court to the OCA for evaluation, report and recommendation.

In a Memorandum dated June 8, 2007, the OCA recommended that: a) respondent judge be adjudged administratively liable for undue delay in rendering decisions and be fined in the amount of P20,000.00; and b) she be directed to decide with dispatch the cases covered by this administrative matter and furnish the OCA with copies of the decision within 10 days from its rendition.

In the herein assailed Resolution dated July 3, 2007, the Court adopted the OCA's recommendations and resolved to:

(a) ADJUDGE Judge Rebecca B. Mariano administratively liable for undue delay in rendering decisions and orders;

(b) FINE Judge Mariano in the amount of Twenty Thousand Pesos (P20,000);

(c) DIRECT Judge Mariano to DECIDE WITH DISPATCH the cases covered by this administrative matter;

(d) FURNISH the Office of the Court Administrator with copies of the decision within ten (10) days from their rendition; and

(e) NOTE the Letter dated June 19, 2007 of respondent Judge Rebecca R. Mariano, in compliance with the resolution of February 20, 2007 furnishing the Court with copy of the decision in SP Proc. Case No. M-6158, Civil Case No. 00-318 and Civil Case No. 03-264.

On November 14, 2007, respondent judge filed the instant Motion for Reconsideration with Motion for Leave to Admit Motion for Reconsideration. Respondent judge alleges that the infractions for which she was being fined in the amount of P20,000.00 were the same infractions for which she was previously fined P40,000.00. She thus prays that the Resolution dated July 3, 2007 imposing a fine of P20,000.00 be reversed and set aside.

Moreover, she prays that the Decision dated July 25, 2007 imposing on her a fine of P40,000.00 be reconsidered in light of her admission of her oversight vis-à-vis the case of Amanet, Inc. v. Eastern Telecommunications, Inc. and her lack of malicious intent to deliberately misrepresent the status of said case and other undecided cases. She also prays that her 43 years of public service; the fact that this is her first infraction; her failing health and her impending compulsory retirement in October 2008; be considered as mitigating circumstances.

The motion for reconsideration is partly granted.

It appears from the records that the infractions mentioned in the Resolution of July 3, 2007 and for which a fine of P20,000.00 is being imposed, were the same infractions for which respondent judge was previously fined P40,000.00, pursuant to the Decision dated January 25, 2007. Accordingly, the July 3, 2007 Resolution is hereby set aside.

Anent the fine of P40,000.00 earlier imposed upon respondent judge, records show that a motion for reconsideration was filed but it was denied with finality on February 27, 2007. In fact, respondent judge has paid the amount of P40,000.00 to the Court's Cash Collection and Disbursement Division on April 11, 2007 per O.R. No. 7402054.

ACCORDINGLY, the Motion for Reconsideration of Judge Rebecca R. Mariano, Regional Trial Court, Makati City, Branch 136, is PARTLY GRANTED. The Resolution dated July 3, 2007 imposing on her a fine of P20,000.00 is REVERSED and SET ASIDE.

SO ORDERED.

Puno, C.J., Quisumbing, Sandoval-Gutierrez, Carpio, Austria-Martinez, Corona, Carpio-Morales, Azcuna, Tinga, Velasco, Jr., Nachura, Reyes and Leonardo-de Castro, JJ., concur.

Chico-Nazario, J., is on official leave.