THIRD DIVISION
[A.M. No. RTJ-11-2306. February 25, 2013.]
RE: LOSS OF ROLLO AND REPORT IN A.M. OCA IPI NO. 00-798-P, petitioner, vs. JUDGE CESAR O. UNTALAN, REGIONAL TRIAL COURT, BRANCH 149, MAKATI CITY, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution dated February 25, 2013, which reads as follows:
"A.M. No. RTJ-11-2306 (Re: Loss of Rollo and Report in A.M. OCA IPI No. 00-798-P v. Judge Cesar O. Untalan, Regional Trial Court, Branch 149, Makati City). — Before this Court are the Motion for Reconsideration dated December 18, 2012 and the Supplemental Motion for Reconsideration dated January 9, 2013, filed by respondent Judge, of the Resolution dated November 21, 2012, finding him guilty of violating Supreme Court rules and directives and of simple misconduct, and imposing upon him a fine of P5,000.00.
It is not disputed that respondent conducted the required investigation and made his report and recommendation, thus the Court was able to dispose of the administrative case which was the subject of the investigation. What respondent Judge failed to do was to diligently follow the instructions given to him. By his admission, respondent Judge knew where to submit his report and recommendation but may have been confused as regards the office that will take custody of the case records after the investigation. Thus, he transmitted the file to the office of then Executive Judge Ralph S. Lee. Despite these lapses, we saw no evidence of bad faith or malice and witnessed the effort by which respondent Judge tried to reconstitute the records. For these reasons and considering that it is Judge Untalan's first offense of this nature during his long service to the judiciary, we reconsider our decision to penalize him and instead, let this administrative case be a reminder to him to be more mindful of Court orders given the confidential nature of the proceedings assigned to an investigating judge. EScHDA
ACCORDINGLY, the instant Motion for Reconsideration dated December 18, 2012 and the Supplemental Motion for Reconsideration dated January 9, 2013 are GRANTED. In lieu of fine, Judge Cesar O. Untalan of the Regional Trial Court, Branch 149, Makati City, is ADMONISHED to be more circumspect in dispensing his duties as investigating judge with a STERN WARNING that a repetition of the same or similar acts in the future shall be dealt with more severely.
SO ORDERED."
Very truly yours,
(SGD.) LUCITA ABJELINA SORIANODivision Clerk of Court