EN BANC

March 7, 2017

A.M. No. 14-10-339-RTC

RE: FINDINGS ON THE JUDICIAL AUDIT CONDUCTED IN REGIONAL TRIAL COURT, BRANCH 8, LA TRINIDAD, BENGUET,

x - - - - - - - - - - - - - - - - - - - - - - - x

A.M. No. RTJ-16-2446
[Formerly A.M. No. 14-3-53-RTC]

OFFICE OF THE COURT ADMINISTRATOR, Complainant,
vs.
JUDGE MARYBELLE L. DEMOTMARINAS, REGIONAL TRIAL COURT, BRANCH 8, LA TRINIDAD, BENGUET, Respondent.

D E C I S I O N

PER CURIAM:

This is a consolidated administrative complaint against Judge Marybelle L. Demot-Mariñas (Judge Demot-Mariiias), Presiding Judge, Branch 8, Regional Trial Court, La Trinidad, Benguet, which stemmed from (1) the judicial audit of the RTC- Branch 8 from March 30 to April 12, 2014, conducted by the Audit Team of the Court Management Office (Team); and (2) the Indorsement from the Office of the Chief Justice regarding the Letter from Ms. Lilia Nugal-Koh wherein the latter sought the intercession of the Court for the speedy disposition of her case.

A.M No.14-10-339-RTC

Pursuant to Travel Order No. 32-2014 dated March 20, 2014, the judicial audit team conducted a judicial audit in the Regional Trial Court (RTC), Branch 8, La Trinidad, Benguet, from March 30 to April 12, 2014. The Court is presided by herein respondent Judge Marybelle Demot-Mariñas.

On the basis of the records presented and actually audited by the Team, the subject court had a total caseload of309 cases (135 criminal cases and 174 civil cases), with 157 cases submitted for decision (47 criminal cases and 110 civil cases) which are already beyond the reglementary period to decide.

In a Memoradum dated October 3, 2014, the Office of the Court Administrator (OCA) recommended to the Honorable Chief Justice Maria Lourdes P.A. Sereno the following, to wit:

A. Hon. Marybelle Demot-Marifias, Presiding Judge, Branch 8, Regional Trial Court, La Trinidad, Benguet, be DIRECTED to:

(1) CEASE arid DESIST from trying/hearing cases in her court, and to DEVOTE her time to (la) DECIDE the one hundred fifty (150) cases [45 criminal cases and 105 civil cases] submitted for decision, which are beyond the period to decide as provided by law, to wit:

CRIMINAL CASES

CASE COUNT CASE NUMBER ACCUSED NATURE DATE
1 09-CR-7795 Maria Gloria Angelica Sabado Grave Coercion 09/27/09
2 09-CR-7794 Maria Gloria Angelica Sabado Malicious Mischief 09/27/09
3 10-CR-8135 Flor Raposas, et al. Malicious Mischief 01/04/10
4 03-CR-4932 Wilfredo Pio Alan Homicide 09/12/07
5 08-CR-7495 John Miguel Ananayo Frustrated Homicide 04/27/10
6 08-CR-7235 Laruan Quilito Rogelio Andres (AL) Murder 03/09/10
7 2K-CR-3934 Sunny Aglibot Lorenzo Adato, Jr. Michael Ramirez Theft 02/08/13
8 09-CR-7764 Arleth Buenconsejo, et al. Illegal Recruitment 02/08/13
9 09-CR-7786 Arleth Buenconsejo, et al. Illegal Recruitment 02/08/13
10 09-CR-7787 Arleth Buenconsejo, et al. Illegal Recruitment 02/08/13
11 09-CR-7783 Arleth Buenconsejo, et al. Illegal Recruitment 02/08/13
12 10-CR-8175 Narda Balinag Albert Coliado PD 1602 as amended by RA 9287 03/20/13
13 11-CR-8689 Christopher Patiag RA 9165 09/17/13
14 05-CR-5991 Avalon Allan Murder 08/09/09
15 05-CR-5989 Avalon Allan Frustrated Murder 08/09/09
16 10-CR-8098 James Bagtang Sec. 5. Art. II, RA 9165 02/09/12
17 07-CR-6715 Dorico Y eno Endeniro Sec. 5, Art. II, RA 9165 07/22/10
18 06-CR-6117 Santos Balabal Sec. 5 Art. II, RA 9165 11/19/07
19 09-CR-7599 (appealed case) Walden Revelar Grave Threats 04/17/09
20 11-CR-8690 Christopher Patiag RA 9165 09/17/13
21 07-CR-6791 Roel Nabus PD 1602 as amended by RA 9287 01/26/09
22 08-CR-7259 Jay Boteng Murder 01/21/13
23 10-CR-8091 Jack Bahingawan Frustrated Murder 12/06/11
24 11-CR-8475 (appealed case) Antonio Coyupan Rey Coyupan Joker Miranda Malicious Mischief 07/14/11
25 05-CR-6074 Fred Bilog Sec. 5, Art. II, RA 9165 11/10/08
26 05-CR-5781 Hilton Pulacan Sec. 5, Art. II, RA 9165 08/07/07
27 05-CR-5782 Hilton Pulacan Sec. 5, Art. II, RA 9165 08/07/07
28 02-CR-4400 Sps. Florendo and Josephine Lupante Estafa thru Falisification of Public Documents 09/19/05
29 05-CR-5780 A. Empil Qualified Theft 12/05/06
30 11-CR-8284 H. Soriano Sec. 5, Art. II, RA 9165 08/27/13
31 09-CR-7738 Rowela Delfin Sec. 5, Art. II, RA 9165 07/25111
32 10-CR-8226 Sonny Dolinen Estafa 03/13/12
33 08-CR-7209 John Naboye E.Malicdan E. Daniel E. Rones PD 1602 as Amended by RA 9287 12/17/13
34 11-CR-8286 (appealed case) Eleanor Sebiano, et al. Qualified Trespass to Dwelling 02/22/11
35 09-CR-7801 (appealed case) Uriel Delos Reyes Serious Physical Injuries 01/18/10
36 09-CR-7802 (appealed case) Uriel Delos Reyes Serious Physical Injuries 01/18/37
37 09-CR-7747 Alex Abinon Romel Balarote Dan Moria! Juli us Casaalan Frustrated Murder 06/18/13
38 11-CR-8641 Jessie Bernal Estafa 12/10/13
39 13-CR-9459 (appealed case) Regina Samidan

 

BP22 07/24/13
40 13-CR-9460 (appealed case) Regina Samidan BP22 07/24/13
41 13-CR-9461 Regina Samidan BP22 07/24/13
42 13-CR-9462 (appealed case) Regina Samidan BP22 07/24/13
43 13-CR-9463 (appealed case) Regina Samidan BP22 07/24/13
44 13-CR-9517 (appealed case) Fernando Asunsion BP22 08/07/13
45 13-CR-9516 (appealed Case) Fernando Asunsion BP22 08/07/13

CIVIL CASES

CASE COUNT CASE NUMBER TITLE NATURE DATE SUBMITTED FOR DECISION
1 01-CV-1509 Joseph Tanacio, et al. v. Angelito Narzabal, et al. Damages 04/16/04
2 06-CV-2293 Loma Aquino v. Sps. Antonio Abyado, et al. Specific Performance, Injunction and Reconveyance 01/22111
3 07-CV-2390 (appealed case) Belino Tam v. Milagros Vidal and George Vidal Reconveyance and Damages 02/12/08
4 12-AD-1393 Aniceto A cop & Shirley A cop v. Register of Deeds, Benguet Petition under Section 108 of PD 1529 for amendment of entries m the Registration Book 01/07/13
5 10-CV-2671 (appealed case) Sps. Marcial Florida v. Mario Otto & Delio Otto Recovery of Possession with Damages 01/03/11
6 07-CV-2380 Elvira Laoyan v. Mike Leo, Jr. Recovery of Possession with Damages 07/10/11
7 07-CV-2379 Catalina Villena v. Sps. Marcos Gayaso, et al. Annulment of Deed of Sale, Extrajudicial Settlement of Estate 09/14/11
8 10-CV-2601 Emilia Buyagoa v. Minda Colansong Rescission of Contract with Prayer for Preliminary Injunction 01/27/11
9 10-CV-2666 (appealed case) Macaria Molitas, et al. v. Cordillera Homeowners Cooperative Forcible Entry and Damages 01/17/11
10 10-CV-2594 Anthony Wakefiled v. Rafael Tenenan, et al. Annulment of Documents 08/19/11
11 CV-1645 Placido Carantes v. Benguet Corporation Recovery of Possession with Preliminary Injunction 10/08/10
12 LRC-N-221 Placido Carantes Application for Registration of Title 03/09/11
13 03-CV-1820 George Sanchez v. Edith Batore Walker, et al. Annulment of Affidavit of Adjudication 12/01/05
14 05-CV-2185 Heirs of Empiso Caiso, etal. v. The Barangay Government of Poblacion, La Trinidad, Benguet, et al. Cancelllation of Tax Declartion 01/23/09
15 08-CV-2455 Mario Nishiyama v. Megalopolis Properties Inc. Rescission of Contracts with Damages 07112/13
16 03-CV-1884 Manuel Cuilan v. Mauricio Ambanloc Violation of Section 194 and 195 of the Local Code/Injunction with Damages 12/07/05
17 02-CV-1714 Feliciano Balakwid v. Victoria Leano Judicial Foreclosure of Mortgage 05/10/06
18 1 O-CV-2679 (appealed case) Dionisia Palaci v. Simeon and Manuel Basilio Recovery of Possession with Prayer for Issuance of Preliminary Mandatory Injunction and TRO 05/18/11
19 03-CV-1865 Angela Begnaen, et al. v. The Heirs of Angelita Begnaen Ananayo, et al. Reconveryance and Damages 09/24/09
20 08-CV-2444 Saturnine Diaz v. Manuel Liu Recovery of Possession with Damages 02/24/12
21 05-CV-2181 Sps. Marcial & Imelda Tayab v. Henry Longay Jr. in his capacity as Deputy Sheriff IV, Cesar Macagne and Stephen Tolding Injunction and Damages with application for TRO with Writ of Preliminary Injunction 10/03/11
22 08-CV-2449 Cesar Macagne and Stephen Tolding v. Sps. Marcial & Imelda Tayab & Atty. Inglay Fokno Indirect Contempt 10/03/11
23 02-CV-1701 Jeffrey Garoy v. Cecilia Morales, et al. Annulment of Title; Affidavit of Loss & Affidavit of Self Adjudication with Simultaneous Sale with Damages 08/17/05
24 02-CV-1701 Maximo Macli-ing v. Pedro Isican Damages 09/02/04
25 2K-CV-1491 Fibertex Corp. v. Elizabeth Lagyop and Darwin Dominong Recovery of Possession with Damages 06/17/06
26 2K-CV-1527 Constancio Olsim and Gregorio Afidchao v. La Trinidad Balikatan Homeowners Assn., et al. Specific Performance 09/10/03
27 08-CV-2452 Teresita Banggao, rep. by Francis Salis v. Sps. Marcelo & Lolita Geston & the Municipal Trial Court of La Trinidad Annulment of Judgment with Prayer for the Issuance of Writ of Preliminary Injunction 09/28/08
28 05-CV-2151 Sps. Alejandro and Feliza Carbonell v. Ricky Alangsab, et al. Injunction with Payer for TRO & Preliminary htjunction, Reduction of Interest Rate of Loan & Damages 03/04/08
29 03-CV-1921 Rural Bank of La Trinidad, represented by Ricardo Salis v. Sps. Candido & Florence Radion Collection of Sum of Money with Damages 11/13/04
30 2K-CV-1500 Eugenia Zafra Edapes, et al. v. Solomon Alilao, et al. Annulment of Deeds of Absolute Sale, TCT, Sheriffs Certificates of Sale, Reconveyance and Damages 08/09/05
31 97-CV-1203 Heirs of Larry Ogas v. Benguet State University, et al. Annulment of Sale & TCT with Damages 05/27/03
32 11-CV-2709 Sps. Cobulan v. Josephine Alasio Forcible Entry 06/21/11
33 12-CV-2890 (appealed case) Heirs of Dagiw-a Baca, et al. v. Heirs of Bahanio Atelba, et al. Recovery of Ownership, et al. 06/10/13
34 12-CV-2831 (appealed case) Heirs of Alipio Ballesteros, et al. v. Cristina Gorio Forcible Entry 10/24/12
35 92-CV-0666 Camilo Quinio v. Duray Veloso de Erasmo, et al. Recovery of Possession and Ownership 09/27/02
36 94-CV-0887 Itogon-Suyoc Mines, Inc. v. James Brett Recovery of Personal Property, etc. 07/22/04
37 LRC-N-153 Abanga Cossel, et al. v. Director of Lands Land Registration 05/20/08
38 97-CV-1238 Vicente Lubos v. Smart Communications Inc. Breach of Contract with Damages 11/27/03
39 01-CV-1666 Gudelia Domingo V. Emmanuel Mariano Damages 08/07/03
40 12-CV-2830 (appealed case) Heirs of Toato Bugnay, et al. v. Cristina Gorio Forcible Entry with Damages 09117/12
41 13-CV-2946 (appealed case) Heirs of Cuidno Tapio v. Camilo Madadsic Accion Publiciana, et al. 11/15/13
42 11-CV-2715 (appealed case) Aurea Benito, et al. v. Joseph Aquilet, et al. Reconveyance, Cancelllation of Bad Title, Tax Declaration 08/09111
43 08-CV-2408 (appealed case) Samuel Bordon v. Lin Ling Sheng Collection of Sum of Money 05/08/08
44 03-CV-1831 Frankie Domingo v. Michael Sy Quieting of Title, Damages with Issuance of Writ of Preliminary Injunction 08/03/10
45 02-CV-1764 Sonia Catarroja, et al. v. Damian Jimenez, et al. Reconveyance, et al. 12/15/10
46 0l-CV-1645 Sps. Gerald and Josephine Alejo v. Samahan ng Buong Lahing Pilipino & Nelia Bulahaw Annulment of Deeds, Damages et al. 06/23/05
47 12-CV-2841 Amada Erafi.a v. Jane Ferrer & Registry of Deeds Recovery of Possession of a parcel of land and Damages 02/08/13
48 95-SP-0086 Pedro Nugal, et al. (Petitioners) In the Matter of the Settlement of the Intestate Estate of the late Basilio Nugal 05/12/03
49 12-AD-1423 Heirs of Rosalia Quintino v. Arlene Lubos, et al. Petition for the Surrender of the Owner's Duplicate Copies of Title 05/16/13
50 0l-CV-1659 Belen Tacay, et al. v. Ponciano So and Val Nolasco Injunction, Damages with Prayer for TRO 04/01/04
51 99-CV-1387 Heirs of Jose Turnpao v. Sps. Noel and Jessie Alos Recovery of Possession 04/01/04
52 03-CV-1888 Heirs of Bido Sabado v. Domingo Bestre and Miller Bestre Quieting of Title & Ownership 08/11/11
53 03-CV-1814 Jimmy Mateo, et al. v. Miguel Bato, et al. Annulment of Deed of Sale, etc. 09/24/09
54 02-CV-1765 Mary Jane Alican v. Alvin Soriano Quo Warranto, Application for Writ of Preliminary Injunction and TRO 08/23/04
55 Ol-CV-1662 Lolita Velasco v. Charlie Lingbanan, et al. Quieting of Title; Annulment of Title; Specific Performance or Reconveyance 10/22/04
56 92-CV-0748 Patricio Ciano v. Lutheran Church of the Philippines, et al. Quieting of Title with Prayer for the Issuance of Writ of Preliminary Injunction 07/30/04
57 04-CV-1995 (appealed case) Telesforo Amiao & Angela Angon v. Heirs of Patricio Gabao Unlawful Detainer 06/07/04
58 2K-CV-1565 Heirs of Rufo Sotelo, Jr. v. Melchor Tican, et al. Injunction 01/13/05
59 01-CV-1681 Ricardo Acop, et al. v. Sps. Ricardo & Juliet Galvez Cancellation of Title with Damages 06/14/07
60 06-CV-2217 Sps. Jaime & Mary Leo v. Arlene Leo, et al. Annulment of Documents, Injunction & Damages 11/16/11
61 93-CV-0799 Lourdes Maglaya & Feliza Pil-o v. Ruben Guzman & Hydro Electric Dev't. Corp. Annulment of Contracts 06/14/02
62 09-CV-1578 Marek Floyd Ambos & Eden Ambos v. LCR of Bokod, Benguet Petition for Correction of Entries m the Certificate of Live Birth of Mark Floyd Ambos 01129/13
63 99-CV-1334 Ismael Paatan v. Amado Cortez Damages 11/10/03
64 03-CV-1812 Trinibank-Rural Bank of La Trinidad, Benguet v. Sps. Juanito & Zenaida Co, et al. Recovery of Possession and Ownership with Damages 09/25/08
65 02-CV-1704 Leonardo del Rosario, et al. v. Conchita Lucero Reconveyance, Accounting and Damages 06/28/06
66 06-CV-2208 Benjamin Dampac v. Sps. Victor & Frances Laoyan Abatement of Nuisance & Damages 08/29/08
67 2K-CV-1559 Heirs of Victor Alejandro Sr., et al. v. Andrea Balictan Declaration of Nullity of Deed of Donation 05/06/02
68 2K-CV-1573 Pilando Fernandez, et al. v. Philex Mining Corp. Enforcement of Contract 02/28/03
69 07-CV-2347 (appealed case) Carmen Amboy & Florencio Amboy v. Sps. Antonio & Rosita Calado Forcible Entry 07/09/07
70 96-CV-1113 Albert Caoili v. Congyu Marcelino, et al. Quieting of Tile 05/10/02
71 2K-CV-1473 Heirs of Gregorio Abalos v. Peter Sukilap, et al. Recovery of Possession 02/27/03
72 04-CV-2020 Benguet Electric Cooperative v. National Transmission Corp. et al. Injunction 07/28/09
73 06-CV-2195 Heirs of Violeta Baccay, et al. V. Erasmo Aquiapao, et al. Annulment of Deed of Extrajudicial Settlement of Estate 08/09/12
74 04-CV-2057 Patricia Buenafe v. Sps. Mario Bastian, et al. Annulment of Real Estate Mortgage 09/28/05
75 10-CV-2649 Heirs of Carlos Amos et al. v. Delilah Asuncion & Sps. Basilio David, et al. Annulment of Judgment 12/03/10
76 04-CV-2024 Alma Contada v. Allan Mali ones Damages 04/22/08
77 08-CV-2420 David Dominang v. Hon. Jose Encarnacion et al. Certiorari 09/10/08
78 13-CV-2919 Agosto Domerez V. Hon. Adolfo Malingan and Marcela Torren Certiorari 06/06/13
79 98-CV-1290 Esteban v. Gardose Annulment and/or Cancellation of Deed of Assignment 11/27/03
80 2K-CV-1492 Cosme v. Piay, et al. Cancellation of Real Estate 02/24/04
81 04-CV-2023 Estate of De Guia v. Sps. Fernandez Reconveyance of Property, Damages 03/03/09
82 03-CV-1892 Benguet Electric Coop. v. Tacio Collection of Sum of Money 06/28/12
83 02-CV-1791 M. Cadiogan v. A. Cadiogan Settlement of Estate with Prayer for Issuance of a Restraining Order 10/14/05
84 10-CV-2229 Cestona v. Tulio Reformation of Instrument and Damages 08/18/11
85 10-CV-2645 Calawa, et al. v. Mayor Abalos Certiorari 11/26/10
86 99-CV-1345 Donato v. Balingan Declaration of Nullity of Documents 08/17/05
87 13-CV-2906 Esnara v. Tenefrancia, et al. Declaration of Nullity of Documents 08/16/13
88 03-CV-1877 Sps. Og-oget v. Luis Annulment of Compromise Settlement 10/08/06
89 04-CV-2060 Kidweng v. Aguilar Damages 11/16/06
90 10-CV-2599 (appealed case) Acop v. Municipality of Tublay, Benguet Recovery of Possession and Damages 03/30/10
91 99-CV-1420 Ambros v. Matias Annulment of Tax Declaration 11/04/03
92 03-CV-1815 Sps. De Leon v. Dulay Constitution of Easement of Right of Way 03/08/06
93 2K-CV-1472 Ackiapat v. Berto Cancellation of Tax Declaration and Damages 07/29/04
94 02-CV-1519 Nixon Guzman, et al. v. Helen Abilao and Feliza Pilo-o Judicial Partition 08/23/12
95 12-CV-2877 Apolonio, Sr. v. Benguet State University Accion Publiciana and Quieting of Tile 01/30/14
96 08-CV-2467 Yolanda Dali ones v. Sps. Marcelo Agdasi and Ana Agdasi Conveyance and Damages 09/16/13
97 11-CV-2773 Heirs of Rosalina Lacamen, et al. v. Erlinda Lacamen and Abdel Lacamen Ejectment and Damages 04/18/12
98 13-CV-2947 (appealed case) Saturnino Ciano v. Francisco Kiwang, Jr. Forcible Entry 10/07/13
99 12-CV-2829 Maria Usana v. Severo Alvarez Jr. and Estrella Alavarez Collection of Sum of Money 10/18/13
100 08-CV-2459 Edwin Zamora v. Rainbow Mission Church Damages 12/05/13
101 13-CV-2922 (appealed case) Heirs of Patricia Teofilo v. Sps. Cesar and Virginia Singao, et al. Forcible Entry 09/13/13
102 07-CV-2382 Province of Benguet v. National Power corporation Collection of Franchise Tax 03/08/13
103 08-CV-2481 Phil ex Mining Corporation v. The Province of Benguet Petition under Section 195 of the Local Gov't. Code with Prayer for the Issuance of a Writ of Preliminary Injunction or TRO 05/06/10
104 12-CV-1745 Desiree Dolin-Sawac v. LCR of Kapangan, Benguet Petition for Correction & to Supply the entries in the Certificate of Live Birth of Desiree Dolin 01/07/13
105 02-CV-1776 Toquero, et al. Heirs of Santiago Lictag, et al. Judicial Partition 02/04/13

(1-b) DECIDE the eight (8) cases submitted for decision although still within the reglementary period to resolve, as of audit, to wit:

CRIMINAL CASES

CASE COUNT CASE NUMBER TITLE NATURE DATE SUBMITTED FOR DECISION
1 10-CR-7978 Efren Andiso Violation of Sec. 261 (a) BP 881 02/12/14
2 10-CR-7979 Efren Andiso Violation of Sec. 261 (a) BP 881 02/12/14

CIVIL CASES

CASE COUNT CASE NUMBER TITLE NATURE DATE SUBMITTED FOR DECISION
1 13-AD-1487 Domingo v. Registry of Deeds-Benguet Issuance of New Owner's Duplicate Certificate of Title 01/24/14
2 12-CV-2858 Heirs of Mendoza v. Sps.Mendoza Annulment of Judgment 01/24/14
3 2K-CV-1492 Cosme v. Piay, et al. Cancellation of Real Estate 02/24/04
4 12-CV-2877 Apolonio, Sr. v. Benguet State University Accion Publiciana and Quieting of Title 01/30/14
5 03-CV-1810 Heirs of Busco v. Bulso, et al. Annulment of Affidavit of Adjudication 02/27/14
6 13-CV-2935 (appealed case) Tiongsan Realty Development v. Jimmy Yu, et al. Unlawful Detainer 04/03/14

(1-c) RESOLVE the pending motions/incidents in the following seventeen (17) cases [2 criminal cases and 15 civil cases], to wit:

CRIMINAL CASES

CASE COUNT CASE NUMBER TITLE NATURE LAST COURT ACTION/REMARKS
1 12-CR-8795 D. Oblero Estafa Demurrer to Evidence filed on 10-10-13 No comment/opposition filed by prosecution despite directive in Order dated 9-17-13
2 13-CR-9683 J ackellene Menzi Estafa Motion to Quash filed on 3-11-14 Prosecution's comment

CIVIL CASES

CASE COUNT CASE NUMBER TITLE NATURE DATE SUBMITTED FOR RESOLUTION
1 13-CV-2967 Bangonan Livelihood Association Inc. v. Benedict Pineda Prohibition with Preliminary Injunction and TRO Order dtd 11-15-13 Atty. De Guzman is given 15 days from receipt of a copy of this order to file his comment to the affirmative defenses contained m the answer of the respondents, after which the incident shall be deemed submitted for resolution
2 03-CV-1847 Rosenia Langbis, et al. v. Sps. Juliana and Bosleng Arcita Specific Performance Order dtd. 09-15-05 after the filing of the manifested demurrer to evidence within 5 days and within 10 days to comment thereto, the incident shall be deemed submitted for resolution -Demurrer to Evidence- 09-20-05
3 13-CV-2958 Virginia Dompiles v. Hon. Jose Encarnacion, MTC of Itogon and Atok Big Wedge Corporation Annulment of the Orders of the MTC with Prayer for TRO and Writ of Preliminary Injunction Order dated 08-01-13 supplemental petition shall be deemed submitted for resolution
4 13-CV-2949 Gregorio Abalos, Jr. v. Sum of Money & Damages Order dated 01-24-14 court given the chance to submit comment on the Motion for Judgment on the Pleadings dated 10-10-13 within 10 days from receipt of the copy of the order after which the incident will deemed submitted to resolution -comment attached 02- 27-14
5 13-CV-2969 The Province of Benguet rep. by Gov. Nestor Fongwan v. Sps. Maray & Brado Moltio Cancellation of ARP No. 99-016-03588 and Annulment of Deed of Sale with Damages Motion for Extension of Time to file comment filed on 01-02-14 Comments/ objections to the affirmative defense on 01- 16-14
6 13-CV-2959 Fermin Semal v. Sps. Esteban Gayados, Jr., et al. Annulment of Foreclosure Sale, Sheriffs Certificate of Sale, and Certificate of Title Order dated 11-15-13 the motion to dismiss shall be deemed submitted for resolution -Supplemental Motion to Dismiss filed by defendants on 02-12-14
7 08-CV-2442 Heirs of Nuepe Lamsis, et al. v. Pelagia Velasco, et al. Injunction, et al. Order dated 02-21-14 upon receipt of the ruling of this court on plaintiffs evidence on rebuttal, the parties are given a period of 30 days to file their memoranda after which this case shall be submitted for decision with or without such memoranda
8 14-CV-3012 Sps. Bandola v. Rural Bank of San Luis, Pampanga, et al. Declaration of Nullity of Real Estate Mortgage Motion to take Disposition-03-19-14
9 09-CV-2550 Heirs of the Late Olecio v. Sps. Bugtong Annulment of Documents Comment/Opposition to defendants' affirmative defenses/ Motion to Dismiss 05-14-10
10 04-CV-2052 Semon v. Carmak Motors Corp. Rescission of Contract Urgent ex-parte motion for an earlier resolution- 01-10-08
11 13-CV-2992 Benguet Electric Coop. v. Equitable PCI Bank, et al. ,Reformation of Instrument Motion for leave to file attached reply (for defendant BDO) filed on 03-31-14
12 11-CV-2707 Hermenegildo Heiras, Jr. v. Sps. William and Jennifer Gan-gan, et al. Specific Performance and Damages Comment to Formal Offer of Evidence filed by defendants on 03-11-14
13 13-CV-2936 Cristina Noepe and Lester Noepe v. Christian Spiritista of the Philippines Declaration of Nullity of Public Instrument Reply to the amended answer - 03-25-14 Motion for Extension was filed on 03-27-14
14 11-CV-2769 Christian Chuang v. Celevina Baylon et al. Declaration of Nullity of Deed of Absolute Sale Comment/ Opposition to the admissibility of plaintiffs rebuttal evidence dated 02-20-14 filed by defendant
15 10-SP-0121 Petition for Probate/ Allowance of the Holographic will of Satumino Ebusca v. Rafael Ebusca, et al. Probate of Will Motion to issue and an order authorizing Atty. Calonge to withdraw from BCF Credit Coop. filed on 03-02-14

(2) FURNISH this Court copies of the decisions and/or resolutions related to the enumerated cases. This Cease-and-Desist directive shall continue until the aforementioned 157 cases submitted for decision and pending motions/incidents in the 17 cases shall have been finally decided/resolved by Judge Marinas;

(3) EXPLAIN in writing, within fifteen (15) dqays from notice, why no administrative sanction should be taken against her for her failure to decide the aforementioned one hundred fifty (150) cases within the mandatory period to decide.

B) The Financial Management Office, Office of the Court Administrator be directed to WITHHOLD the salaries, allowances and other benefits of Judge Marybelle Demot Marinas, pending full compliance with these directives; and

C) The Court Management Office be DIRECTED to prepare the necessary Administrative Order for approval relative to the designation of an assisting judge in Branch 8, Regional Trial Court, La Trinidad, Benguet, to specifically conduct hearings on all cases and attend to all interlocutory matters thereat, but without prejudice to disposing of the same when circumstance/s warrant, such designation to continue until further orders from this Court.

On April 7, 2015, as per recommendation of the OCA, the Court resolved to adopt the findings and recommendations of the OCA.

In compliance with the Court's Resolution, in a Letter Transmittal dated June 4, 2015, Judge Demot-Mariñas apologized to the Court for her failure to decide the cases within the reglementary period. She, however, offered no explanation to such delay but nevertheless admitted her fault in the said delay. She signified her intention to resign as she felt that she was no longer an effective member of the judiciary. Attached with the Letter-Compliance is the Letter of Atty. Maribel Brillantes Macario Pedro (Atty. Macario Pedro), Clerk of Court V, Branch 8, RTC, La Trinidad, Benguet showing the partial compliance to the court directives, to wit:

CRIMINAL CASES

CASE NUMBER TITLE NATURE LAST COURT ACTION/REMARKS DATE RESOLVE
12-CR-8795 Dominga D. Oblero Estafa Demurrer to Evidence filed on 10-10-13 No comment/ opposition filed by prosecution despite directive in Order dated 9-1 7-13 07/31/14
13-CR-9683 Jackellene K. Menzi Estafa Motion to Quash filed on 3-11-14 Prosecution's comment filed on 3-11-14 05/12/14

CIVIL CASES

CASE NUMBER TITLE NATURE LAST COURT ACTION/REMARKS DATE RESOLVE
08-CV-2442 Heirs of Nuepe Lamsis, et al. v. Heirs of Pelagia Lamsis Recovery of Possession, etc. Order dated 02- 21-14 upon receipt of the ruling of this court on plaintiffs evidence on rebuttal, the parties are given a period of 30 days to file their memoranda after which this case shall be submitted for decision with or without such memoranda 06/09/14
09-CV-2550 Heirs of the Late Gloria Luis Olecio v. Sps. Rosalino Luis Bugtong Annulment of Documents, Cancellation of TCT, Reconveyance, Damages with Prayer for a TRO and WPI Comment/ Opposition to defendants' affirmative defenses/Motion to Dismiss 05-14-10 08/15/14
11-CV-2707 Hermenigildo Hieras, Jr. v. Sps. Wiliiam and Jennifer Gangan, et al. Specific Performance with Damages Comment to Formal Offer of Evidence filed by defendants on 03-11-14 04/03/14
13-CV-2958 Virginia Dompiles V. Hon. Jose S. Encarnacion, Presiding Judge, MTC of Itogon, Benguet and Atok Big Wedge Corporation Orders of the MTC with Prayer for TRO and Writ of Preliminary Injunction 13 supplemental petition shall be deemed submitted for resolution 05/12/14
13-CV-2959 Fermina O. Bernal v. Sps. Esteban T. Gayados, Jr., et al. Annulment of Foreclosure Sale, Sheriffs Certificate of Sale, and Certificate of Title Order dated 11-15-13 the motion to dismiss shall be deemed submitted for resolution -Supplemental Motion to Dismiss filed by defendants on 02-12-14 01/30/15
13-CV-2992 Benguet Electric Coop. v. Equitable PCI Bank, et al. Reformation of Instrument with Prayer for Payment of Sum of Money and Damages Motion for leave to file attached reply (for defendant BDO) filed on 03-31-14 04/11/14
14-CV-3012 Sps. Freddie H. Bandola and Celia Bandola v. Rural Bank of San Luis, Pampanga, et al. Declaration of Nullity of Real Estate Mortgage, etc. Motion to take Disposition- 03-19-14 03/24/14

SPECIAL PROCEEDINGS CASE

CASE NUMBER ACCUSED NATURE LAST COURT ACTION/REMARKS DATE RESOLVE
10-SP-0121 Petition for Probate/Allowance of the Holographic will of Saturnine Ebusca v. Rafael Ebusca et al. Probate of Will Motion to issue an order authorizing Atty. Calonge to withdraw from BCF Credit Coop. Filed on 03-02-14 04/16/14

In a Resolution dated August 4, 2015, the Court referred the Letter dated June 4, 2015 of Presiding Judge Demot-Mariñas to the OCA for evaluation, report and recommendation.

A.M. RTJ-16-2446

On February 27, 2013, the Office of the Deputy Court Administrator Raul Villanueva (DCA Villanueva) received an indorsement from the Office of the Chief Justice regarding the letter of Ms. Nugal-Koh wherein the latter sought the intercession of the Court for the speedy disposition of her case docketed as Special Proceedings Case No. 95-SP-0086 entitled "Pedro Nugal, et al. v. Lilia Nugal-Koh, et al.," which allegedly had been submitted for resolution for more than ten (10) years already at the time of the complaint.

Acting on the said Letter, a 1st Indorsement dated March 4, 2013 was sent directing Judge Demot-Mariñas to comment thereon. On June 5, 2013, another Letter from Ms. Nugal-Koh, addressed to the Office of the Chief Justice, was received by DCA Villanueva's office again seeking assistance for the immediate resolution of her case. Attached to the said Letter were the (1) Certification dated April 23, 2013 from Atty. Maribel B. Macario, Clerk of Court V, Branch 8, RTC, La Trinidad, Benguet, attesting that no decision was rendered yet in the subject case; and (2) another Letter from the Office of the Chief Justice dated April 12, 2013, referring the letter dated February 13, 2013 of Ms. Nugal-Koh to Judge Demot-Mariñas wherein the latter was requested to submit a feedback on the matter within fifteen (15) days from the receipt thereof.

Consequently, a 2nd Indorsement dated June 5, 2013 was sent to Judge Demot-Mariñas, reiterating the earlier directive for her to comment on the status of Ms. Nugal-Koh's case, with a stem warning that appropriate proceedings may be initiated against her for her inaction.

On September 17, 2013, the Office of DCA Villanueva again received a Letter dated September 11, 2013 from Ms. Nugal-Koh repeating her request regarding her case and appending a new certification dated September 2, 2013 attesting that her case remained undecided. Thus, a 3rd Indorsement was sent to respondent judge regarding the matter with the information that initiation of administrative proceedings against her was already being considered for her apparent delay in deciding the subject case and her blatant disregard of directives relative thereto despite repeated orders.

In an Agenda Report dated February 18, 2014, the OCA found that Judge Demot-Mariñas indeed failed to comply with the repeated directives from the Office of DCA Villanueva, and with the letter from the Office of the Chief Justice requiring her to comment on the status of the subject case. Thus, the OCA recommended that the report be treated as a formal administrative complaint against Judge Demot-Mariñas for insubordination, inefficiency and neglect of duty.

In a Resolution dated June 2, 2014, the Court resolved to treat the OCA's Agenda Report dated February 18, 2014 as a formal administrtive complaint against Judge Demot-Marifias for Inefficiency and Neglect of Duty. In addition, the Court also required respondent to explain why she should not be held administratively liable for her failure to comply with the repeated directives to comment on the status of Special Proceedings Case No. 95-SP-0086. The Court, likewise, directed respondent to comment and submit a report on the status of the above-mentioned case.

In a Resolution dated November 26, 2014, the Court referred the Letter dated September 11, 2014 of Ms. Nugal-Koh to the OCA for evaluation, report and recommendation. As contained therein, Ms. Nugal-Koh said that as of July 9, 2014, no decision has been rendered by respondent Judge Demot-Mariñas in her case as certified by Atty. Macario Pedro, Branch Clerk of Court.

In a Memorandum dated December 1, 2015, the OCA recommended that: (1) the two (2) instant administrative matters be consolidated; and (2) respondent Judge Marybelle L. Demot-Mariñas be found guilty of grave misconduct, insubordination and gross inefficiency and be dismissed from service with forfeiture of all retirement benefits.

On February 17, 2016, as per recommendation of the OCA, considering the similarity of the issues of both cases, the Court resolved to consolidate the instant administrative complaints against respondent Judge Demot-Mariñas.

RULING

We adopt the findings and recommendation of the OCA.

The Court has consistently impressed upon judges the need to decide cases promptly and expeditiously under the time-honored precept that justice delayed is justice denied. Every judge should decide cases with dispatch and should be careful, punctual, and observant in the performance of his functions for delay in the disposition of cases erodes the faith and confidence of our people in the judiciary, lowers its standards and brings it into disrepute. Failure to decide a case within the reglementary period is not excusable and constitutes gross inefficiency warranting the imposition of administrative sanctions on the defaulting judge.1

Here, there is no question as to the guilt of Judge Demot-Mariñas. As shown by the records, she has been remiss in the performance of her responsibilities. She failed to decide cases and resolve pending incidents within the reglementary period, without any authorized extension from this Court. Respondent judge failed to: (1) decide 150 cases submitted for decision [45 criminal cases and 105 civil case] which are beyond the period to decide, and to (2) resolve the pending motions/incidents in 17 cases [2 criminal cases and 15 civil cases].2Some of the cases were already submitted for decision since 2002, particularly Civil Case No. 2831 and Civil Case No. 2217.3More appalling is that she did not give any reason/explanation for her failure to comply with the reglementary period for deciding cases. There were, likewise, no previous requests by her for extension of time to decide said cases. Thus, in the instant case, Judge Demot-Mariñas' gross inefficiency is, therefore, evident in her undue delay deciding 150 cases within the reglementary period and her failure to resolve pending motions/incidents in 17 cases.

Article VIII, Section 15(1) of the 1987 Constitution provides that lower courts have three months within which to decide cases or resolve matters submitted to them for resolution. Moreover, Canon 3, Rule 3.05 of the Code of Judicial Conduct enjoins judges to dispose of their business promptly and decide cases within the required period. In addition, this Court laid down the guidelines in SC Administrative Circular No. 134which provides, inter alia, that "[j]udges shall observe scrupulously the periods prescribed by Article VIII, Section 15, of the Constitution for the adjudication and resolution of all cases or matters submitted in their courts. Thus, all cases or matters must be decided or resolved within twelve months from date of submission by all lower collegiate courts, while all other lower courts are given a period of three months to do so." The Court has reiterated this admonition in SC Administrative Circular No. 3-995which requires all judges to scrupulously observe the periods prescribed in the Constitution for deciding cases and the failure to comply therewith is considered a serious violation of the constitutional right of the parties to speedy disposition of their cases.6

This Court has consistently held that failure to decide cases and other matters within the reglementary period constitutes gross inefficiency and warrants the imposition of administrative sanction against the erring magistrate. Respondent judge failed to live up to the exacting standards of duty and responsibility that her position required. As a trial judge, Judge Demot-Mariñas is a frontline official of the judiciary and should have at all times acted with efficiency and with probity.7

A.M. RTJ-16-2446

We likewise find similarly concerning is Judge Demot-Mariñas' indifference to the indorsements requiring her to comment on the accusations against her. In all three (3) indorsements issued by the OCA, as well as one (1) Letter from the Office of the Chief Justice, Judge Demot-Mariñas ignored the directives for her to file the required comment since no comment or compliance has been submitted despite several opportunities given to her which ran in a span of more than three (3) years. Also, as per verification by the OCA of the status of Special Proceedings No. 95-SP-0086, as of December 2015, Judge Demot-Mariñas has yet to decide the case which was already submitted for decision since May 12, 2003. It is then apparent that failure to comment despite several directives, as well as the failure to comply with the immediate resolution of Ms. Nugal-Koh's letter, show her propensity to disregard and disobey lawful orders of her superior.

We would like to further stress that all directives coming from the Court Administrator and his deputies are issued in the exercise of this Court's administrative supervision of trial courts and their personnel, hence, should be respected. These directives are not mere requests, but should be complied with promptly and completely. Clearly, Judge Demot-Mariñas' unexplained disregard of the orders of the OCA for her to comment on the complaint shows her disrespect for and contempt, not just for the OCA, but also for the Court, which exercises direct administrative supervision over trial court officers and employees through the OCA. Her indifference to, and disregard of, the directives issued to her clearly constituted insubordination which this Court will not tolerate.8

We cannot overemphasize that compliance with the rules, directives and circulars issued by the Court is one of the foremost duties that a judge accepts upon assumption to office. This duty is verbalized in Canon 1 of the New Code of Judicial Conduct:9

SECTION 7. Judges shall encourage and uphold safeguards for the discharge of judicial duties in order to maintain and enhance the institutional and operational independence of the Judiciary.

SECTION 8. Judges shall exhibit and promote high standards of judicial conduct in order to reinforce public confidence in the Judiciary, which is fundamental to the maintenance of judicial independence.

The obligation to uphold the dignity of her office and the institution which she belongs to is also found in Canon 2 of the Code of Judicial Conduct under Rule 2.01, which mandates a judge to behave at all times as to promote public confidence in the integrity and impartiality of the judiciary.

Under the circumstances, We can thus conclude that the conduct exhibited by Judge Demot-Mariñas constitutes no less than clear acts of defiance against the Court's authority. Her conduct also reveals her deliberate disrespect and indifference to the authority of the Court, shown by her failure to heed our warnings and directives.

We cannot tolerate this type of behavior especially on a judge. Public confidence in the judiciary can only be achieved when the court personnel conduct themselves in a dignified manner befitting the public office they are holding. Judges should avoid conduct or any demeanor that may tarnish or diminish the authority of the Supreme Court.10Clearly, Judge Demot-Mariñas' attitude, as shown by her unexplained failure to decide 150 cases as well as motions and incidents, and her failure to respond to any of the court's directives despite several reminders, betray her lack of concern for her office. In sum, Judge Demot-Mariñas has been remiss in the performance of her official duties exacerbated by her audacious stance in defying this Court's orders. We cannot tolerate the attitude of respondent judge in defying this Court's authority and undermining its integrity.

Penalty

The rules and jurisprudence are clear on the matter of delay. Failure to decide cases and other matters within the reglementary period constitutes gross inefficiency and warrants the imposition of administrative sanction against the erring magistrate.11Further, Judge Demot-Mariñas' deliberate and repeated failure to comply with the directives of the OCA constitutes Gross Misconduct which is a serious offense under Section 8,12Rule 140 of the Rules of Court.

In Re: Audit Report in Attendance of Court Personnel of RTC, Branch 32, Manila,13We held that it is gross misconduct, even outright disrespect for the Court, for respondent judge to exhibit indifference to the resolution requiring him to comment on the accusations in the complaint thoroughly and substantially. Such failure to comply accordingly betrays not only a recalcitrant streak in character, but also disrespect for the Court's lawful order and directive.

Likewise, in Alonto-Frayna v. Astih,14a judge who deliberately and continuously fails and refuses to comply with the resolution of this Court is guilty of gross misconduct and insubordination, and was dismissed from service.1âwphi1

Judging by the foregoing circumstances, the Court can only conclude that Judge Demot-Mariñas is guilty of gross inefficiency resulting in her unexplained failure to resolve pending cases and motions within the reglementary period despite several reminders and follow-ups, and gross misconduct for her non-compliance with the directives/orders of the OCA and this Court.

In this scenario, Section 17 of the Omnibus Rules implementing the Civil Service Law states that if the respondent judge is found guilty of two or more charges or counts, the penalty imposed should be that corresponding to the most serious charge or counts and the rest may be considered aggravating circumstances.15The most serious of the charges against respondent judge is her gross misconduct, and her gross inefficiency is considered an aggravating circumstance.

We would have imposed the penalty of dismissal from service on Judge Demot-Mariñas, however, considering that on December 10, 2015, she has filed her certificate of candidacy to run for public office, she is now deemed resigned from judicial office. Nevertheless, cessation from office by reason of resignation, death or retirement is not a ground to dismiss the case filed against her at the time that she was still in the public service.16Thus, in lieu of the penalty of dismissal for her unethical conduct and gross inefficiency in performing her duties as a member of the bench, We, however, impose instead the accessory penalty of forfeiture of all her retirement benefits, except accrued leave credits. Furthermore, she is barred from re-employment in any branch or service of the government, including government-owned and controlled corporations.

WHEREFORE, premises considered, Judge Marybelle L. Demot-Mariñas, former Presiding Judge of Branch 8, Regional Trial Court, La Trinidad, Benguet is found GUILTY of Gross Misconduct and Gross Inefficiency. Her retirement benefits, if any, are declared FORFEITED as penalty for her offenses, except accrued leave credits, in lieu of dismissal from service which the Court can no longer impose. She is likewise barred from re-employment in any branch or instrumentality of government, including government-owned or controlled corporations.

This Decision is immediately EXECUTORY.

SO ORDERED.

MARIA LOURDES P.A. SERENO
Chief Justice

ANTONIO T. CARPIO
Associate Justice
PRESBITERO J. VELASCO, JR.
Associate Justice
TERESITA J. LEONARDO-DE CASTRO
Associate Justice
DIOSDADO M. PERALTA
Associate Justice
LUCAS P. BERSAMIN
Associate Justice
MARIANO C. DEL CASTILLO
Associate Justice
JOSE CATRAL MENDOZA
Associate Justice
BIENVENIDO L. REYES
Associate Justice
ESTELA M. PERLAS-BERNABE
Associate Justice
MARVIC M.V.F. LEONEN
Associate Justice
FRANCIS H. JARDELEZA
Associate Justice
ALFREDO BENJAMIN S. CAGUIOA
Associate Justice

Footnotes

1 Re: Cases Submitted For Decision Before Hon. Teofilo D. Baluma, Former Judge, Branch 1, Regional Trial Court, Tagbilaran City, Bohol, 717 Phil. 11, 17 (2013).

2 Rollo, pp. 56-70.

3 See Memorandum for the Chief Justice from DCA Villanueva dated December 1, 2005, p. 143.

4 Promulgated on July 1, 1987.

5 Promulgated on January 15, 1999.

6 Re: Cases Submitted For Decision Before Hon. Teofilo D. Baluma, Former Judge, Branch 1, Regional Trial Court, Tagbilaran City, Bohol, supra note 1, at 16-17.

7 Angelia v. Judge Grageda, 656 Phil. 570, 573 (2011 ).

8 Clemente v. Bautista, 710 Phil. 10, 16 (2013).

9 Promulgated on April 27, 2004.

10 See Tormis v. Paredes, A.M. No. RTJ-13-2366, February 4, 2015, 749 SCRA 505, 520.

11 Rubin v. Judge Corpus-Cabochan, 715 Phil. 318, 334 (2013); OCA v. Judge Santos, 697 Phil. 292, 299 (2012); Re: Cases Submitted for Decision before Han. Meliton G. Emus/an, Former Judge, Regional Trial Court, Branch 47, Urdaneta City, Pangasinan, 630 Phil. 269, 272 (2010); Report on the Judicial Audit Conducted in the RTC, Branch 22, Kabacan, North Cotabato, 468 Phil. 338, 345 (2004).

12 Rule 140, Section 8 of the Revised Rules of Court, and penalized under Rule 140, Section 11(a) of the same Rules by: 1) Dismissal from the service, forfeiture of all or part of the benefits as the Court may determine, and disqualification from reinstatement or appointment to any public office, including government-owned or controlled corporations. Provided, however, that the forfeiture of benefits shall in no case include accrued leave credits; 2) Suspension from office without salary and other benefits for more than three (3) but not exceeding six (6) months; or 3) A fine of more than ₱20,000.00 but not exceeding ₱40,000.00.

13 532 Phil. 51, 63-64 (2006).

14 360 Phi. 385 (1998).

15 Dr. Hipe v. Judge Literato, 686 Phil. 723, 735 (2012).

16 See OCA v. Grageda, 706 Phil. 15, 21 (2013).


The Lawphil Project - Arellano Law Foundation