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August 2011 Decisions > [A.M. No. RTJ-06-2014 : August 16,
ChanRobles 2011] NILDA VERGINESA-SUAREZ, COMPLAINANT, VS. JUDGE
Professional Review,
RENATO J. DILAG AND COURT STENOGRAPHER III
Inc. CONCEPCION A. PASCUA, RESPONDENTS. [A.M. No. RTJ-11-
2293 (formerly A.M. No. 06-07-415-RTC)] OFFICE OF THE
COURT ADMINISTRATOR, COMPLAINANT, VS. JUDGE RENATO
J. DILAG, ESTER A. ASILO, OFFICER-IN-CHARGE, COURT
STENOGRAPHER III, REGIONAL TRIAL COURT, BRANCH 73,
OLONGAPO CITY, ZAMBALES, AND ATTY. RONALD D. GAVINO,
DEPUTY CLERK OF COURT, OFFICE OF THE CLERK OF COURT,
REGIONAL TRIAL COURT, OLONGAPO CITY RESPONDENTS. :

ChanRobles On-Line
Bar Review EN BANC

[A.M. No. RTJ-06-2014 : August 16, 2011]

NILDA VERGINESA-SUAREZ, COMPLAINANT, VS. JUDGE

RENATO J. DILAG AND COURT STENOGRAPHER III
CONCEPCION A. PASCUA, RESPONDENTS.

[A.M. No. RTJ-11-2293 (formerly A.M. No. 06-07-415-

RTC)]
 OFFICE OF THE COURT ADMINISTRATOR,
COMPLAINANT, VS. JUDGE RENATO J. DILAG, ESTER A.
ASILO, OFFICER-IN-CHARGE, COURT STENOGRAPHER
III, REGIONAL TRIAL COURT, BRANCH 73, OLONGAPO
CITY, ZAMBALES, AND ATTY. RONALD D. GAVINO,
DEPUTY CLERK OF COURT, OFFICE OF THE CLERK OF
COURT, REGIONAL TRIAL COURT, OLONGAPO CITY
RESPONDENTS.

RESOLUTION

PER CURIAM:

For our consideration are: (1) the Motion for Leave to Admit
ChanRobles CPA
Attached Second Motion for Reconsideration[1] of our
Review Online
Decision[2] dated March 4, 2009 and the Resolution[3] dated
April 28, 2009 in the consolidated cases A.M. Nos. RTJ-06-
2014 and 06-07-415-RTC, filed by respondent Judge Renato J.

Dilag (Judge Dilag), and (1) the Memorandum[4] dated

October 21, 2008 submitted by the Office of the Court
Administrator (OCA) in A.M. No. 06-07-415-RTC.

These pending incidents arose from the following factual

background:

Acting upon the complaint of Court Stenographer III Nilda

Verginesa-Suarez (Suarez) of the Regional Trial Court (RTC),
Branch 73, of Olongapo City, Zambales (docketed as A.M. No.
RTJ-06-2014) and a series of anonymous letters (docketed as
ChanRobles Special
A.M. No. 06-07-415-RTC) against Judge Dilag and Court
Lecture Series Stenographer III Concepcion A. Pascua (Pascua), the OCA
constituted a judicial audit team to conduct a physical
inventory of the cases in the court presided by Judge Dilag.

In its Audit Report on the Judicial Audit Conducted at the

Regional Trial Court, Branch 73, Olongapo City, Zambales[5]

dated June 15, 2006, the OCA judicial audit team reported a
total of 414 cases pending before Judge Dilag's court, either
for decision, resolution, or in other stages of proceedings
without further action for a considerable length of time. The
same Audit Report also accounted the irregularities in Judge
Dilag's handling of several cases pending before his court
including having conflicting judgments - one dismissing and
one granting the same petition - in (1) Civil Case No. 180-0-
2001, Lanie Pancho v. Rolando Gopez (Pancho case); (2) Civil
Case No. 433-0-2003, Jeffrey Joseph T. Tomboc v. Ruth
Tomboc (Tomboc case); and (3) Special Proceeding No. 436-
0-2002, Petition for Voluntary Dissolution of the Conjugal
Partnership of Gains and for the Separation of the Common
Properties, Danilo del Rosario and Rachelle del Rosario (Del
Rosario case).

In a Resolution[6] dated August 1, 2006, we ordered the

consolidation of A.M. Nos. RTJ-06-2014 and 06-07-415-RTC,
and assigned both cases to Associate Justice Ramon R. Garcia
(Justice Garcia) of the Court of Appeals for his investigation,
report, and recommendation. As regards particularly to A.M.
No. 06-07-415-RTC, we directed Judge Dilag, in the same
Resolution, to act on the 414 cases pending before his court
and to explain the delay in his disposition of the same.

The investigating justice proceeded with his investigation and

hearing on the irregularities in the handling of cases and/or
having conflicting judgments and, subsequently, submitted his

Report and Recommendation[7] finding and recommending

that Judge Dilag be held administratively accountable for gross
misconduct constituting violations of the Code of Judicial
Conduct, gross ignorance of the law and procedure, gross
negligence, and gross inefficiency; and that the judge's co-
respondent, Pascua, be held administratively liable for graft
and corruption.

In our Decision dated March 4, 2009 in A.M. Nos. RTJ-06-2014

and 06-07-415-RTC, we adopted Justice Garcia's Report and
Recommendation and disposed in part:

WHEREFORE, in view of all the foregoing, we hold

as follows:

1. Respondent Judge Renato J. Dilag is hereby

DISMISSED FROM THE SERVICE, with forfeiture
of all retirement benefits, excluding accrued leave
 benefits, and disqualification from reinstatement or
appointment to any public office including
government-owned or controlled corporations, for
gross misconduct, gross ignorance of the law or
procedure, and gross negligence and inefficiency.

2. Respondent Court Stenographer III Concepcion

A. Pascua is hereby DISMISSED FROM THE
SERVICE, which carries the accessory penalties of
cancellation of her eligibility, forfeiture of
retirement benefits, and perpetual disqualification
from reemployment in the government service, for
graft and corruption under Paragraph A(9), Rule IV
of Civil Service Commission Memorandum Circular
No. 19-99, and this administrative case against
respondent Pascua is hereby REFERRED to the
Office of the Ombudsman for appropriate action.

Judge Dilag and Pascua each filed a Motion for Reconsideration

of the foregoing Decision.

In his Motion for Reconsideration, Judge Dilag denied having

authored the decisions dismissing the petitions in the Pancho,
Tomboc, and Del Rosario cases. He also asserted that there
were no conflicting decisions to speak of in the Pancho,
Tomboc, and Del Rosario cases because the decisions
dismissing the petitions in said cases were never served upon
the counsels of the parties and, thus, lacked legal value.
Judge Dilag claimed that Suarez, in connivance with her
cohorts, were responsible for falsifying, fabricating, and
manufacturing the decisions which dismissed the
aforementioned three cases, so that they could continue with
their illegal and nefarious activities in the court. Judge Dilag
further disputed the findings against him of gross ignorance of
the law and procedure in the handling of (1) CV No. 188-0-01,
Joyce Moreno v. Alvin Moreno (Moreno case), and (2) CV No.
328-0-2001, Eliodor Q. Perez v. Adelita Perez (Perez case),
and of gross negligence and gross inefficiency for failing to
administer proper supervision over his court staff.

Pascua, in her Motion for Reconsideration, asked us to mitigate

 the penalty imposed on her.

In a Resolution dated April 28, 2009, we denied with finality

the Motions for Reconsideration of Judge Dilag and Pascua,
there being no substantial matters raised to warrant the
reversal of the questioned decision.

Second Motion for Reconsideration

On July 8, 2009, Judge Dilag filed a Motion for Leave to Admit

Attached Second Motion for Reconsideration, together with
said Second Motion for Reconsideration, urging us to take a
second hard look on the merits of his case and reiterating
therein the grounds and arguments which he raised and
discussed in his first Motion for Reconsideration.

We deny Judge Dilag's Motion for Leave to Admit Attached

Second Motion for Reconsideration and note without action the
appended Second Motion for Reconsideration. Rule 52,
Section 2 of the Rules of Court, on motions for reconsideration
filed before the Court of Appeals, reads:

Sec. 2. Second Motion for Reconsideration. -- No

second motion for reconsideration of a judgment or
final resolution by the same party shall be
entertained.

Taken in conjunction with Rule 56, Section 2 of the Rules of

Court, the aforequoted provision is also applicable to original
cases filed before the Supreme Court, which includes
disciplinary proceedings against judges, such as the one at
Don't be limited by
bar. A second motion for reconsideration is, therefore, a
bruises prohibited pleading.

Don't be limited by bruises or swelling.

The rule against entertaining a second motion for
If symptoms persist, consult your
doctor. reconsideration is rooted in the basic tenet of immutability of
Hirudoid judgments. At some point a decision becomes final and
executory and, consequently, all litigations must come to an
Shop Now
end.

Indeed, there have been instances when we gave merit to

 second motions for reconsideration, but only when there are
"extraordinary persuasive reasons and only after an express
August-2011 leave shall have been obtained."[8] In administrative cases
Jurisprudence involving the discipline of judges and court personnel, we even
allowed third motions for reconsideration but, still, only

"whenever justified by the circumstances."[9]

[G.R. No. 146206 :
August 01, 2011] SAN
No such extraordinary persuasive reason or justifying
MIGUEL FOODS,
circumstance exists in the present case. We stress that all the
INCORPORATED,
issues and arguments raised and evidence presented by Judge
PETITIONER, VS. SAN
Dilag in his defense were already exhaustively discussed in our
MIGUEL CORPORATION
Decision dated March 4, 2009. Judge Dilag's Second Motion
SUPERVISORS AND
for Reconsideration is essentially a mere reiteration of his first
EXEMPT UNION,
Motion for Reconsideration, which we have already denied,
RESPONDENT.
after due consideration, in our Resolution dated April 28, 2009.

[G.R. No. 172110 :

We note that other than our Decision dated March 4, 2009 in
August 01, 2011] MINDA
A.M. Nos. RTJ-06-2014 and 06-07-415-RTC, wherein we found
VILLAMOR, APPELLEE,
Judge Dilag to be administratively liable for gross misconduct
VS. PEOPLE OF THE
constituting violations of the Code of Judicial Conduct, gross
PHILIPPINES,
ignorance of the law or procedure, and gross negligence or
APPELLANT. [G.R. NO.
inefficiency, he had been previously found guilty of gross
181804] GLICERIO
ignorance of the law in De Jesus v. Judge Dilag, [10] for which
VIOS, JR., APPELLEE,
he was fined P30,000.00. Moreover, the above-mentioned
VS. PEOPLE OF THE
Memorandum dated October 21, 2008, submitted by the OCA
PHILIPPINES,
in A.M. No. 06-07-415-RTC, reports additional acts by Judge
APPELLANT.
Dilag constituting gross negligence and inefficiency such as
failure to timely act on pending cases before his court and to
[G.R. No. 171569 :
supervise his staff's keeping of docket books and case records.
August 01, 2011] UNION
BANK OF THE
Hence, we find no justification for reversing the penalty of
PHILIPPINES,
dismissal from the service with forfeiture of all retirement
PETITIONER, VS.
benefits, excluding accrued leave benefits, and disqualification
ALAIN* JUNIAT,
from reinstatement or appointment to any public office,
WINWOOD APPAREL,
including government-owned or controlled corporations, which
INC., WINGYAN
we imposed upon Judge Dilag in our Decision dated March 4,
APPAREL, INC.,
2009.
NONWOVEN FABRIC
PHILIPPINES,
OCA Memorandum dated October 21, 2008
RESPONDENTS.
in A.M. No. 06-07-415-RTC
 [A.M. No. P-11-2896 With respect to the 414 cases pending before the RTC-Branch
[Formerly OCA I.P.I. No. 73 of Olongapo City, we explicitly directed Judge Dilag, in our
08-2977-P] : August 02, Resolution dated August 1, 2006, to decide within six months
2011] PROSERPINA V. the 93 cases already beyond, as well as the 33 cases still
ANICO, COMPLAINANT, within, the reglementary period to decide; to resolve within 30
VS. EMERSON B. days the motions/incidents in 10 cases already beyond, as well
PILIPIÑA, SHERIFF IV, as in 4 cases still within, the reglementary period to resolve;
OFFICE OF THE CLERK and to immediately take appropriate action on 267 cases in
OF COURT, REGIONAL different stages of the proceedings which were not acted upon
TRIAL COURT, MANILA, for a considerable length of time. We further directed Judge
RESPONDENT. Dilag, Officer-in-Charge Ester Asilo (OIC Asilo), Branch Clerk of
Court Atty. Ronald B. Gavino (Atty. Gavino), and Clerks-in-
[G.R. No. 188086 : Charge Luzviminda P. Lacaba (Lacaba) and Admer L. Lumanog
August 03, 2011] (Lumanog) as follows:
FRANCIS BELLO,
REPRESENTED HEREIN
A.M. No. 06-7-415-RTC. - Re: Audit Report on
BY HIS DAUGHTER AND
the Judicial Audit Conducted at the RTC, Branch 73,
ATTORNEY-IN-FACT,
Olongapo City, Zambales.- The Court Resolved,
GERALDINE BELLO-ONA,
upon the recommendation of the Office of the Court
PETITIONER, VS.
Administrator and without prejudice to
BONIFACIO SECURITY
consideration of sanctions, to
SERVICES, INC. AND
SAMUEL TOMAS,
xxxx
RESPONDENTS.

(b) DIRECT Presiding Judge Renato J. Dilag and

[G.R. No. 182237 :
Officer-in-Charge Ester A. Asilo, same court, to
August 03, 2011] THE
PEOPLE OF THE
PHILIPPINES, APPELLEE, (i) TAKE APPROPRIATE ACTION on the
VS. TERENCIO FUNESTO following observations noted by the
Y LLOSPARDAS, Audit Team:
APPELLANT.

(1) Entries in the docket

[G.R. No. 169901 :
books are not updated and
August 03, 2011]
deficient entries especially in
PHILIPPINE NATIONAL
civil and special proceedings
BANK, PETITIONER, VS.
which merely indicate the
CIRIACO JUMAMOY AND
title of the case and the date
HEIRS OF ANTONIO GO
the case was filed. Copies of
PACE, REPRESENTED BY
the decision were stapled in
ROSALIA PACE,
the pages.
RESPONDENTS.
 [G.R. No. 191995 : (2) No Certificate of
August 03, 2011] Arraignment attached to
PHILIPPINE VETERANS criminal case records.
BANK, PETITIONER, VS.
JUSTINA CALLANGAN, (3) Minutes of the Hearing
IN HER CAPACITY AS have no summary of what
DIRECTOR OF THE transpired during the hearing
CORPORATION FINANCE of the case except
DEPARTMENT OF THE hearings/trial with witnesses
SECURITIES AND presented.
EXCHANGE
COMMISSION AND/OR (4) Returns of warrants of
THE SECURITIES AND arrest are not properly
EXCHANGE monitored.
COMMISSION,
RESPONDENT. (5) There are pending
criminal cases which were
[G.R. No. 179344 : already included in the
August 03, 2011] bundled or archived cases.
PEOPLE OF THE
PHILIPPINES, (6) Registry Return Cards
PLAINTIFF-APPELLEE, were not properly monitored
VS. EDGARDO FERMIN Y and allegedly not yet
GREGORIO AND JOB attached to their respective
MADAYAG, JR., Y case records.
BALDERAS, ACCUSED-
APPELLANTS. (7) Court Order with
directives for parties were
[G.R. No. 183018 : not properly monitored
August 03, 2011] especially for the DSWD
ADVENT CAPITAL AND worker and the Office of the
FINANCE City/Provincial Prosecutor to
CORPORATION, submit home and study
PETITIONER, VS. report and to conduct
ROLAND YOUNG, reinvestigation of criminal
RESPONDENT. cases, investigation to
determine collusion between
[G.R. No. 177816 : the parties in the annulment
August 03, 2011] cases as well as the
NIPPON HOUSING PHIL. submission of the required
INC., AND/OR TADASHI pleadings, respectively.
OTA, HOROSHI TAKADA,
YUSUHIRO KAWATA, (8) The Monthly Report of
MR. NOBOYUSHI AND Cases submitted to the CMO-
JOEL REYES OCA does not accurately
PETITIONERS, VS. reflect the number of cases
MAIAH ANGELA LEYNES, submitted for
RESPONDENT. decision/resolution.

[G.R. Nos. 174507-30 (9) Judgment on the bonds

: August 03, 2011] is not executed.
ATTY. EMELITA H.
GARAYBLAS AND ATTY.
(ii) EXPLAIN within thirty (30) days
RENATO G. DE LA CRUZ,
from notice hereof why the number of
PETITIONERS, VS. THE
cases submitted for decision/resolutions
HON. GREGORY ONG,
are not accurately reflected in their
HON. JOSE HERNANDEZ
Monthly Report of Cases in gross
AND HON. RODOLFO
violations of existing circulars; and
PONFERRADA, AS
CHAIRMAN & MEMBERS,
(iii) SUBMIT a REPORT on the action
RESPECTIVELY, 4TH
taken on, and the present status of, the
DIVISION,
foregoing cases in CHRONOLOGICAL
SANDIGANBAYAN; AND
ORDER as listed above, attaching
PEOPLE OF THE
thereto copies of the
PHILIPPINES,
order/decision/resolution for reference,
RESPONDENTS.
as well as the action taken on pars. (b.i)
and (b.ii) together with the
[G.R. No. 184454 :
corresponding required explanation as
August 03, 2011] CO
directed;
GIOK LUN, AS
SUBSTITUTED BY HIS
LEGAL HEIRS NAMELY: (c) DIRECT Atty. Ronald Gavino, Office of the
MAGDALENA D. CO, Clerk of Court, Regional Trial Court, Olongapo City,
MILAGROS D. CO, to EXPLAIN within thirty (30) days from notice
BENJAMIN D. CO, hereof why the report on ex-parte proceedings in
ALBERT D. CO, the following cases were not submitted to the
ANGELITA C. TENG, Court, to wit:
VIRGINIA C. RAMOS,
CHARLIE D. CO, AND CIVIL CASES
ELIZABETH C. PAGUIO,
PETITIONERS, VS. JOSE
CO, AS SUBSTITUTED CASE REMARKS
BY HIS LEGAL HEIRS NUMBER
NAMELY: ROSALINA CO,
1. SP Order 06-21-02, all exhibits are
MARLON CO, JOSEPH
224-0- admitted; presentation of evidence
CO, FRANK CO,
2002 in this case is delegated thru a
ANTONIO CO, NELSON
commissioner.
CO, ROLAND CO,
JOHNSON CO, CORAZON 2. SP Order 02-26-03, IH conducted. All
CO, ADELA CO, SERGIO 512-0- exhibits presented admitted.
CO, PAQUITO CO, JOHN 2002 Reception of evidence delegated to
CO, NANCY CO, AND Atty. Ronald Gavino who is
TERESITA CO, appointed as commissioner.
RESPONDENTS.
3. SP Order 09-16-04, Atty. Ronald Gavino
322-0- is appointed as commissioner to
[G.R. No. 194031 :
2004 receive evidence.
August 08, 2011] JOBEL
ENTERPRISES AND/OR 4. SP 15- Order 04-07-05, IH conducted,
MR. BENEDICT LIM, 0-2005 exhibits admitted. Reception of
PETITIONERS, VS. evidence delegated to Atty. Ronald
NATIONAL LABOR Gavino who is appointed as
RELATIONS commissioner with authority to
COMMISSION (SEVENTH receive evidence.
DIVISION, QUEZON
5. SP Order 08-11-05, at IH, all exhibits
CITY) AND ERIC
198-0- admitted. Reception of evidence
MARTINEZ, SR.,
2005 delegated to Atty. Gavino. Notice of
RESPONDENTS.
Appearance filed by OSG on 09-01-
05.
[G.R. No. 152141 :
August 08, 2011] 6. SP Order 08-18-05, "at initial hearing x
CORNELIO DEL FIERRO, 199-0- x x Counsel for petitioner for
GREGORIO DEL FIERRO, 2005 marking and admission of exhibits x
ILDEFONSO DEL x x All exhibits admitted. Notice of
FIERRO, ASUNCION DEL Appearance of OSG as counsel for
FIERRO, CIPRIANO DEL plaintiff filed 08-25-05.
FIERRO, MANUELA DEL
7. SP 33- Order 08-25-05, IH conducted,
FIERRO, AND
0-2005 exhibits admitted. Reception of
FRANCISCO DEL FIERRO
evidence delegated to Atty. Ronald
PETITIONERS, VS. RENE
Gavino who is appointed as
SEGUIRAN,
commissioner with authority to
RESPONDENT.
receive evidence.

[G.R. No. 169510 :

August 08, 2011] ATOK
BIG WEDGE COMPANY, (d) DIRECT Ms. Luzviminda P. Lacaba and Mr.
INC., PETITIONER, VS. Admer L. Lumanog, Clerks-in-Charge of the
JESUS P. GISON, Docket Books, same court, to UPDATE the entries
RESPONDENT. in the docket books assigned to them from year
2005 to 2006; SUBMIT COMPLIANCE therewith
[G.R. No. 187858 : within sixty (60) days from notice hereof; and
August 09, 2011] THE SUBMIT a quarterly report until the updating of the
CIVIL SERVICE aforesaid docket books from year 2000 is
COMMISSION, completed;
PETITIONER, VS.
RICHARD G. CRUZ, xxxx
RESPONDENT.
(h) DESIGNATE Presiding Judge Consuelo A.
[G.R. No. 167398 : Bocar, RTC, Branch 71, Iba, Zambales, as
August 09, 2011] Assisting Judge of Regional Trial Court, Branch 73,
AUGUSTUS GONZALES Olongapo City.
AND SPOUSES NESTOR
VICTOR AND MA.
As a result of the additional respondents required by the OCA
LOURDES RODRIGUEZ,
to comply, namely, OIC Asilo, Atty. Gavino, Lacaba and
PETITIONERS, VS.
Lumanog, A.M. No. 06-07-415-RTC was re-docketed as A.M.
QUIRICO PE,
No. RTJ-11-2293.
RESPONDENT.

Judge Dilag submitted his Letter-Explanation[11] dated October

[G. R. No. 195953 :
9, 2006 in partial compliance with our aforementioned
August 09, 2011]
CERIACO BULILIS, directives, pointing out therein that he had already decided,
resolved and/or acted upon 64 of the pending cases even
PETITIONER, VS.
before his receipt of the OCA judicial audit report. He blamed
VICTORINO NUEZ, HON.
his court staff for the delay in the updating of the status of
PRESIDING JUDGE, 6TH
these cases. He also explained that the delay in the
MCTC, UBAY, BOHOL,
disposition of most of the pending cases was due to the heavy
HON. PRESIDING
influx of family court cases in his sala, plus the lack of a
JUDGE, RTC, BRANCH
regular branch clerk and other court personnel.
52, TALIBON, BOHOL,
RESPONDENTS.
OIC Asilo filed a Letter-Explanation[12] dated October 9, 2006

[G.R. No. 185352 : with attached Monthly Report of Cases, List of Cases
August 10, 2011] Submitted for Decision, List of New Criminal Cases Filed, List

COASTAL SAFEWAY of Criminal Cases Dismissed, Archived, and Transferred to

MARINE SERVICES INC., Other Branch, List of Civil and Special Proceedings Cases Filed,
PETITIONER, VS. ELMER List of Decided Civil and Special Proceedings Cases, all for the

T. ESGUERRA, month of March 2006, and list of monthly report of cases

RESPONDENT. submitted for the years 2004 to 2006. As to paragraph (b.11)

of our August 1, 2006 Resolution requiring OIC Asilo to explain
 [G.R. No. 193188 : why the number of cases submitted for decision/resolution
August 10, 2011] were not accurately reflected in the monthly report of cases of
PEOPLE OF THE RTC-Branch 73 of Olongapo City, OIC Asilo responded that she
PHILIPPINES, was designated as OIC of said trial court only on March 30,
PLAINTIFF-APPELLEE, 2005, in addition to her regular position as Court Stenographer
VS. JUANITO APATTAD, III, and that she merely inherited the confused state of the
ACCUSED-APPELLANT. cases when the clerk-in-charge of criminal cases abruptly
resigned after Asilo's designation as OIC.
[G.R. No. 187536 :
August 10, 2011] Atty. Gavino submitted his Explanation and Compliance[13]
PEOPLE OF THE dated October 6, 2006, with regard to paragraph (c) of our
PHILIPPINES, Resolution dated August 1, 2006 which directed him to explain
PLAINTIFF-APPELLEE, why the report on ex parte proceedings in the specified cases
VS. MICHAEL BOKINGO were not submitted to the Court. Atty. Gavino gave the
ALIAS "MICHAEL following account:
BOKINGCO" AND
REYNANTE COL,
1. In Sp. Proc. No. 224-0-2002 - The reception
ACCUSED-APPELLANTS.
of evidence was delegated to Atty. John V.
Aquino, not to the undersigned, as per court
[G.R. No. 176008 :
order dated June 21, 2002.
August 10, 2011]
METROPOLITAN BANK
2. In Sp. Proc. No. 512-0-2002 -
AND TRUST COMPANY,
Notwithstanding the delegation of the
SUBSTITUTED BY
reception of evidence for the petitioner to the
MERIDIAN (SPV-AMCI)
undersigned, the petitioner has not pursued
CORPORATION,
the foregoing case, and has not presented
PETITIONER, VS.
INTERNATIONAL any evidence, either testimonial or
documentary to this date.
EXCHANGE BANK,
RESPONDENT. [G.R. NO.
3. In Sp. Proc. No. 322-0-2004 - Although the
176131] CHUAYUCO
undersigned was designated to receive
STEEL
evidence for the petitioner, the case was
MANUFACTURING,
nevertheless heard in open court and did no
PETITIONER, VS.
longer require the ex-parte presentation of
INTERNATIONAL
evidence before the undersigned.
EXCHANGE BANK (NOW
UNION BANK OF THE
4. In Sp. Proc. No. 15-0-2005 - Notwithstanding
PHILIPPINES),
the delegation of the reception of evidence to
RESPONDENT.
the undersigned, the petitioners have not
presented any evidence, either testimonial or
[G.R. No. 174926 :
documentary to the undersigned to this date.
August 10, 2011]
AMERICAN HOME The presentation of petitioners' evidence in
INSURANCE CO. OF NEW open court was initially scheduled by the trial
YORK, PETITIONER, VS. court on September 12, 2006, which was
F.F. CRUZ & CO., INC., later moved to October 5, 2006.
RESPONDENT.
5. In Sp. Proc. No. 198-0-2005 - Although the
[G.R. No. 176350 : undersigned was designated to receive
August 10, 2011] evidence for the petitioner, the case was
PEOPLE OF THE nevertheless heard in open court and did no
PHILIPPINES, APPELLEE, longer require the ex-parte presentation of
VS. JHON-JHON evidence before the undersigned. A decision
ALEJANDRO Y DELA was rendered by the trial court on August 24,
CRUZ @ "NOGNOG," 2006.
APPELLANT.
6. In Sp. Proc. No. 199-0-2005 - Although the
[G.R. No. 186487 : undersigned was designated to receive
August 15, 2011] evidence for the petitioner, the case was
ROSITO BAGUNU, nevertheless heard in open court and did no
PETITIONER, VS. longer require the ex-parte presentation of
SPOUSES FRANCISCO evidence before the undersigned. A decision
AGGABAO & ROSENDA was rendered by the trial court on August 23,
ACERIT, RESPONDENTS. 2006.

[G.R. No. 182178 : 7. In Sp. Proc. No. 33-0-2005 - Notwithstanding

August 15, 2011] the delegation of the reception of evidence to
STEPHEN SY Y the undersigned, the petitioners have not
TIBAGONG, pursued the foregoing case, and have not
PETITIONER, VS. presented any evidence, either testimonial or
PEOPLE OF THE documentary to the undersigned to this date.
PHILIPPINES, (Referral to annexes omitted.)
RESPONDENT.

Lacaba and Lumanog filed Letters[14] dated December 14,

[G.R. No. 193379 :
2006 with attached updated docket books for the years 2005
August 15, 2011] CESAR
and 2006 in compliance with paragraph (d) of our Resolution
D. CASTRO,
dated August 1, 2006.
PETITIONER, VS.
PEOPLE OF THE
PHILIPPINES, Jude Dilag's Letter[15] dated March 9, 2007 with attached

RESPONDENT. report was another partial compliance with our Resolution of

August 1, 2006. Judge Dilag stated in said Letter that he had
[G.R. No. 165476 : already decided, resolved, and/or acted upon most of the

August 15, 2011] pending cases and that he was merely waiting for the
AGRIPINO V. MOLINA, transcripts of stenographic notes for the remaining cases.
PETITIONER, VS.
PACIFIC PLANS, INC., In his Letter[16] dated May 30, 2007, Judge Dilag reported full
RESPONDENT. compliance with our Resolution of August 1, 2006, pointing out
the following:
[G.R. No. 196426 :
August 15, 2011]
With respect to the observations of the Audit Team
MARTICIO SEMBLANTE
in paragraph (b.11), pages 17 to 18 of the
AND DUBRICK PILAR,
resolution, we have -
PETITIONERS, VS.
COURT OF APPEALS,
(1)Directed the respective clerks-in-charge to
19TH DIVISION, NOW
update the entries in the corresponding dockets
SPECIAL FORMER 19TH
especially in Civil and Special Proceedings
DIVISION, GALLERA DE
MANDAUE / SPOUSES cases. Mere indications of the title of the cases
and the date the case was filed was apparently
VICENTE AND MARIA
the practice they merely followed from their
LUISA LOOT,
predecessors;
RESPONDENTS.
(2)The OIC has been tasked to attach the
Certificate of Arraignment to criminal case
[G.R. No. 175073 :
records and this is being updated right now;
August 15, 2011]
(3)The Court Interpreter has been directed to see
ESTATE OF MARGARITA
to it a summary of what transpired during the
D. CABACUNGAN,
hearing of the cases is made and attached to
REPRESENTED BY LUZ
the records;
LAIGO-ALI, PETITIONER,
VS. MARILOU LAIGO, (4)The clerk-in-charge of the Criminal Docket has
been reminded to monitor strictly the returns of
PEDRO ROY LAIGO,
the warrants of arrest issued by the court. He
STELLA BALAGOT AND
shall see to it that the officer to whom the
SPOUSES MARIO B.
warrant is assigned for execution shall make the
CAMPOS AND JULIA S.
corresponding report to the court;
CAMPOS,
(5)The finding that pending criminal cases were
RESPONDENTS.
allegedly bundled in archived cases appears to
be an isolated incident. Nevertheless, the clerk-
[G.R No. 187167 :
in-charge has been advised to exert utmost
August 16, 2011] PROF.
caution in the filing of the case folders;
MERLIN M. MAGALLONA,
AKBAYAN PARTY-LIST (6)The clerk-in-charge of the Civil and Criminal
Dockets were also reminded to properly monitor
REP. RISA HONTIVEROS,
and attach to the respective case folders the
PROF. HARRY C. ROQUE,
registry return cards;
JR., AND UNIVERSITY
(7)The clerk-in-charge of the Civil Docket has been
OF THE PHILIPPINES
specifically reminded to see to it that the DSWD
COLLEGE OF LAW
STUDENTS, ALITHEA Social Worker and the Office of the City and
BARBARA ACAS, Provincial Prosecutors have submitted their
VOLTAIRE ALFERES, respective Home and Child Study Reports and
CZARINA MAY ALTEZ, conduct of reinvestigation in criminal cases and
FRANCIS ALVIN ASILO, investigation of cases to determine collusion
SHERYL BALOT, RUBY between the parties in annulment cases as well
AMOR BARRACA, JOSE as the submission of the required pleadings. The
JAVIER BAUTISTA, OIC is also tasked to monitor and see to the
ROMINA BERNARDO, compliance by the respective offices;
VALERIE PAGASA (8)The finding that the monthly report of cases
BUENAVENTURA, EDAN submitted to the CMO-OCA does not accurately
MARRI CAÑETE, VANN reflect the number of cases submitted for
ALLEN DELA CRUZ, decision has been properly addressed and
RENE DELORINO, corrected. Subsequent reports after the May
PAULYN MAY DUMAN, 2006 audit accurately reflects the number of
SHARON ESCOTO, cases submitted for decision/resolution.
RODRIGO FAJARDO III, (9)With respect to the bonds mentioned in
GIRLIE FERRER, paragraph 9, the Court has fully complied with
RAOULLE OSEN FERRER, the execution of the bonds as reflected in our
CARLA REGINA GREPO, Report dated May 17, 2007.
ANNA MARIE CECILIA
GO, IRISH KAY KALAW,
MARY ANN JOY LEE, With respect to paragraph (b.11), we have
MARIA LUISA submitted our explanation dated October 9, 2006,
MANALAYSAY, MIGUEL copy attached for ready reference.
RAFAEL MUSNGI,
MICHAEL OCAMPO,
Judge Dilag followed-up with Letters[17] dated June 12, 2007
JAKLYN HANNA PINEDA,
and July 1, 2008 reiterating his complete compliance with our
WILLIAM RAGAMAT,
Resolution dated August 1, 2006 and manifesting his readiness
MARICAR RAMOS, ENRIK
to resume his trial duties. We referred Judge Dilag's Letters to
FORT REVILLAS, JAMES
the OCA for evaluation, report, and recommendation due to
MARK TERRY RIDON,
JOHANN FRANTZ the prior referral of the matter to the said office.[18]

RIVERA IV, CHRISTIAN

RIVERO, DIANNE MARIE On October 21, 2008, the OCA issued its Memorandum finding
ROA, NICHOLAS Judge Dilag administratively accountable for gross inefficiency,

SANTIZO, MELISSA gross negligence, perjury, acts prejudicial to the best interest

CHRISTINA SANTOS, of the service, and violation of existing Supreme Court

CRISTINE MAE TABING, Circulars, and recommending the penalty of dismissal from the

VANESSA ANNE TORNO, service with forfeiture of all benefits except accrued leave

MARIA ESTER credits, with prejudice to his re-employment in any branch,

VANGUARDIA, AND agency, or instrumentality of the government including

MARCELINO VELOSO III, government-owned and controlled corporations.
PETITIONERS, VS. HON.
EDUARDO ERMITA, IN The OCA also came up with the following recommendations for
HIS CAPACITY AS OIC Asilo, Atty. Gavino, Lacaba, and Lumanog:
EXECUTIVE SECRETARY,
HON. ALBERTO
4. Officer-in-Charge Ester Asilo, same Court, be
ROMULO, IN HIS
held administratively liable for gross
CAPACITY AS
ignorance of the procedure, gross inefficiency,
SECRETARY OF THE
perjury, violations of existing SC Circulars
DEPARTMENT OF
and acts prejudicial to the best interest of the
FOREIGN AFFAIRS, HON.
service and be SUSPENDED from office
ROLANDO ANDAYA, IN
without salary and other benefits for one (1)
HIS CAPACITY AS
month and that a repetition of the same shall
SECRETARY OF THE
be dealt with more severely;
DEPARTMENT OF
BUDGET AND
5. Atty. Ronald D. Gavino, Deputy Clerk of
MANAGEMENT, HON.
Court, Office of the Clerk of Court, RTC,
DIONY VENTURA, IN HIS
Olongapo City be DIRECTED to be more
CAPACITY AS
circumspect with the performance of his
ADMINISTRATOR OF
function and STERNLY WARNED that a
THE NATIONAL MAPPING
repetition of the same shall be dealt with
& RESOURCE
more severely; and
INFORMATION
AUTHORITY, AND HON.
6. Clerks-in-Charge Luzviminda P. Lacaba and
HILARIO DAVIDE, JR.,
ADMER L. LUMANOG be directed to SUBMIT a
IN HIS CAPACITY AS
report on the current status of their updating
REPRESENTATIVE OF
of docket books from year 2000 within fifteen
THE PERMANENT
(15) days from notice hereof.[19]
MISSION OF THE
REPUBLIC OF THE
PHILIPPINES TO THE
The audit and physical inventory of the cases pending before
UNITED NATIONS,
Judge Dilag's sala revealed 377 cases[20] already submitted
RESPONDENTS.
for decision or resolution or still in various stages of
proceedings, which Judge Dilag failed to decide or resolve
[A.M. No. RTJ-06-
within the reglementary period or to act upon for a
2014 : August 16, 2011]
considerable length of time without proper justification. In
NILDA VERGINESA-
addition to not being updated, the docket books of Judge
SUAREZ, COMPLAINANT,
Dilag's court contained deficient and improper entries.
VS. JUDGE RENATO J.
Returns of warrants of arrest and court orders with directives
DILAG AND COURT
to parties were not properly monitored and attached to the
STENOGRAPHER III
records. Judge Dilag eventually decided, resolved, and/or
CONCEPCION A.
PASCUA, acted upon the aforementioned 377 cases, pursuant to our
RESPONDENTS. [A.M. Resolution of August 1, 2006; but the OCA, in its
No. RTJ-11-2293 Memorandum dated October 21, 2008, still found Judge Dilag's
(formerly A.M. No. 06- full compliance unsatisfactory and recommended Judge Dilag's
07-415-RTC)] OFFICE dismissal from the service.
OF THE COURT
ADMINISTRATOR, Regarding the recommendation of the OCA as to Judge Dilag,
COMPLAINANT, VS. we note that the OCA Memorandum dated October 21, 2008
JUDGE RENATO J. concerns a pending incident in these consolidated
DILAG, ESTER A. ASILO, administrative matters. In our Decision dated March 4, 2009
OFFICER-IN-CHARGE, in A.M. Nos. RTJ-06-2014 and 06-07-415-RTC, we had already
COURT STENOGRAPHER meted upon Judge Dilag the penalty of dismissal from the
III, REGIONAL TRIAL service, with forfeiture of retirement benefits, excluding
COURT, BRANCH 73, accrued leave benefits, and disqualification or appointment to
OLONGAPO CITY, any public office including government-owned or controlled
ZAMBALES, AND ATTY. corporations, for gross misconduct, gross ignorance of the law
RONALD D. GAVINO, or procedure, and gross negligence and inefficiency. Judge
DEPUTY CLERK OF Dilag's failure to promptly act on the cases before his sala and
COURT, OFFICE OF THE to supervise his staff in the proper keeping of the docket books
CLERK OF COURT, and case records were acts that only further demonstrated
REGIONAL TRIAL Judge Dilag's gross negligence and inefficiency for which he
COURT, OLONGAPO CITY had already been held administratively accountable with the
RESPONDENTS. severest of penalties.

[G.R. No. 174654 : As to the compliance of the other court personnel with the
August 17, 2011] directives in our August 1, 2006 Resolution, we quote with
FELIXBERTO A. approval the findings and recommendation of the OCA to hold
ABELLANA, PETITIONER, OIC Asilo administratively liable for the following:
VS. PEOPLE OF THE
PHILIPPINES AND
The role of the Branch Clerk of Court plays a vital
SPOUSES SAAPIA B.
and crucial role in the administration of the court's
ALONTO AND DIAGA
business. Although the judge is primarily
ALONTO,
responsible for the efficient court management, the
RESPONDENTS.
Branch Clerk of Court, subject to the control and
supervision of the Presiding Judge, is the extension
[G.R. No. 159941 :
of the Clerk of Court for administrative purposes
August 17, 2011] HEIRS
and performs some of the functions and the duties
OF SPOUSES TEOFILO
of the Clerk of Court within the branch. As such,
M. RETERTA AND ELISA
the Branch Clerk of Court has control and
RETERTA, NAMELY:
supervision over his personnel, all properties and
EDUARDO M. RETERTA,
supplies in the office (Par. D General Functions and
CONSUELO M. RETERTA,
AND AVELINA M. Duties of the Clerk of Court and other Court
RETERTA, PETITIONERS, Personnel, the 2002 Revised Manual for Clerks of
VS. SPOUSES LORENZO Court, pp. 191-194).
MORES AND VIRGINIA
LOPEZ, RESPONDENTS. A Clerk of Court is an essential officer in any
judicial system, his office being the center of
[G.R. No. 168008 : activities, both adjudicative and administrative
August 17, 2011] (Basco vs. Gregorio, 242 SCRA 614). Clerks of
PETRONILO J. Court are, among other things, required to: (1)
BARAYUGA, safely keep all the records, papers, files, exhibits
PETITIONER, VS. and public property committed to his charge,
ADVENTIST UNIVERSITY including the library of the court, and the seals and
OF THE PHILIPPINES, furniture belonging to his office (Sec. 7, Rule 136,
THROUGH ITS BOARD Rules of Court); (2) keep a general docket, each
OF TRUSTEES, page of which shall be numbered and prepared for
REPRESENTED BY ITS receiving all the entries in the single case, and shall
CHAIRMAN, NESTOR D. enter therein all cases, numbered consecutively in
DAYSON, the order in which they were received, and, under
RESPONDENTS. the hearing of each case and a complete title
thereof, the date of each paper filed or issued, of
[G.R. No. 193629 : each order or judgment entered, and of each other
August 17, 2011] RCJ step taken in the case, so that by reference to a
BUS LINES, single page the history of the case may be seen.
INCORPORATED,
PETITIONER, VS. Tasked with the foregoing duties, Officer-in-
STANDARD INSURANCE Charge Asilo must recognize that her
COMPANY, administrative functions are just as vital to
INCORPORATED, the prompt and proper administration of
RESPONDENT. justice (Callejo, Jr. vs. Garcia, 206 SCRA 491).
She cannot proffer as an excuse that she
[G.R. No. 166970 : merely inherited and continue the procedure
August 17, 2011] MA. followed prior to her designation. Upon
ANA M. TAMONTE AND acceptance of her designation, her first
EDILBERTO A. concern was to know her assumed duties and
TAMONTE, responsibilities especially when
PETITIONERS, VS. administrative circulars, issuances and
HONGKONG AND manual of clerks of court are at hand.
SHANGHAI BANKING
CORPORATION LTD., As mentioned, the branch clerk of court shall, at
HONGKONG AND the end of each month, be responsible for the
SHANGHAI BANKING preparation of the monthly report of cases which he
CORPORATION STAFF shall certify under oath as true and correct,
RETIREMENT PLAN, alongside a certification of its correctness by the
REPRESENTED BY ATTY. presiding judge (A.C. No. 4-2004 dated February 4,
MANUEL G. 2004). A comparison of the List of Cases
MONTECILLO, STUART submitted for decision based on the monthly
P. MILNE AND reports submitted for the months of March
ALEJANDRO CUSTODIO; 2005 to May 2006 and the list of cases
ALEJANDRO CUSTODIO; contained in the audit report will readily
RTC CLERK OF COURT & show, however, that Judge Dilag's sala was
EX-OFFICIO SHERIFF not accurately reporting the same, in gross
AND SHERIFF IN violation of the administrative circular. It was
CHARGE CLEMENTE only after the audit on May 2006 that they
BOLOY AND BENEDICTO started indicating the numerous cases
G. HEBRON, submitted for decision as listed in the monthly
RESPECTIVELY, report of cases for the months of June -
RESPONDENTS. September 2006 (Annexes "G"-"G-1").

[G.R. No. 188562 : As regards the falsified registry return cards

August 17, 2011] which are the subject of investigation before
PEOPLE OF THE Court of Appeals Justice Garcia, the said
PHILIPPINES, omission could have been prevented if OIC
PLAINTIFF-APPELLEE, Asilo has been more watchful over the
VS. RODEL LANUZA Y conduct of court employees. Having control
BAGAOISAN, ACCUSED- and management of all court records,
APPELLANT. exhibits, documents, properties and supplies
(Section D, Chapter VII-Manual for Clerks of
[G.R. No. 171634 : Court), she could have easily detected said
August 17, 2011] wrongdoing had the attachment of the
LEONARDO S. UMALE, registry return cards to the case records been
SUBSTITUTED BY regularly done. What is more surprising is
CLARISSA VICTORIA that, despite said discovery, OIC Asilo did not
UMALE,[1] PETITIONER, initiate any investigation and/or inventory of
VS. ATTY. ALFREDO the case records. In addition to being remiss
VILLAMOR, JR., in her duties, she clearly failed to exercise
RESPONDENT. diligence in supervising her subordinates. The
laxity of respondent clerk in the supervision
[G.R. No. 156358 : of court personnel was repugnant to her role
August 17, 2011] as an adjudicative and administrative officer
ANGELINA PAHILA- of the court.
GARRIDO, PETITIONER,
VS. ELIZA M. TORTOGO, Under the foregoing circumstances, it appears
LEONILA FLORES, that the negligence of Officer-in-Charge Asilo
ANANIAS SEDONIO, in the performance of her duties and
ADELINO MONET, ANGIE responsibilities compounded the delay in the
MONET, JUANITO disposition of cases in Judge Dilag's sala.
GARCIA, ELEONOR Additionally, her lackadaisical attitude in the
GARCIA, BENITA MOYA, supervision of court personnel aggravated the
JULIO ALTARES, LEA mismanagement of the court's business. If
ALTARES, CLARITA she were only assiduous in the performance
SABIDO, JULIE ANN of her official duties and in supervising the
VILLAMOR, JUANITA court personnel and managing the court's
TUALA, VICTOR FLORES dockets, court personnel will be deterred from
III, JOHNNY MOYA, committing any wrongdoing as the same can
HAZEL AVANCEÑA, be easily detected.[21] (Emphases ours.)
SONIA EVANGELIO, AND
GENNY MONTAÑO,
Nevertheless, we modify the designation of the offense
RESPONDENTS.
committed by OIC Asilo. OIC Asilo's inaccurate preparation of
the monthly case reports, inept monitoring of case records,
[G.R. No. 152239 :
and incompetent supervision of court personnel, all constituted
August 17, 2011]
inefficiency and incompetence in the performance of official
MAKING ENTERPRISES,
duties. This administrative infraction is a grave offense,
INC. AND SPOUSES
punishable under Rule IV, Section 52, paragraph A(16) of the
JOAQUIN TAMANO AND
Civil Service Commission Memorandum Circular No. 19-99 as
ANGELITA TAMANO,
follows:
PETITIONERS, VS. JOSE
MARFORI AND
EMERENCIANA
Section 52. x x x.
MARFORI,
RESPONDENTS.
Par. A(16). Inefficiency and incompetence in the
performance of official duties
[G.R. No. 153829 :
August 17, 2011]
1st offense - Suspension (6 mos. 1 day to 1 year)
ROMAN CATHOLIC
2nd offense - Dismissal
ARCHBISHOP OF SAN
FERNANDO, PAMPANGA
REPRESENTED HEREIN Given that this is the first time OIC Asilo committed the said
BY THE INCUMBENT infraction, we impose upon her the minimum period of six
ARCHBISHOP, months and one day suspension.
PETITIONER, VS.
EDUARDO SORIANO, As for Atty. Gavino, the OCA found unsatisfactory his
JR., EDNA YALUN, explanation for failing to submit a report on the following ex
EVANGELINA ABLAZA, parte proceedings:
FELICIDAD Y. URBINA,
FELIX SALENGA,
REYNALDO I. MALLARI,
MARCIANA B. BARCOMA, As regards SP No. 512-0-200 and SP No. 33-0-
BIENVENIDO 2005, the Court's order of February 26, 2003 and
PANGANIBAN, BRIGIDA August 25, 2005, respectively appointed Atty.
NAVARRO, EUFRANCIA Ronald Gavino as commissioner to receive evidence
T. FLORES, VICTORIA B. ex-parte in the said proceedings. In explaining his
SUDSOD, EUFRONIO failure to submit his report to the Court, Atty.
CAPARAS, CRISANTO Gavino asseverated that the parties did not pursue
MANANSALA, LILY the case and did not present any evidence as
MASANGCAY, BENJAMIN directed. It will be noted that despite the referral
GUINTO, JR., MARTHA of the cases to Atty. Gavino for the reception of
G. CASTRO AND LINO evidence ex-parte, petitioner failed and/or refused
TOLENTINO, to present evidence before him. With the
RESPONDENTS. [G.R. ensuing lapse of a considerable length of
NO. 160909] BENJAMIN time, Atty. Gavino should have reported the
GUINTO, JR.,[1] matter to the Court for its appropriate action.
PETITIONER, VS. Except in SP No. 15-0-2005 where the
ROMAN CATHOLIC petitioner moved for the setting of the case,
ARCHBISHOP OF SAN SP Nos. 512-0-200 and 33-0-2005 are still
FERNANDO, PAMPANGA unacted by the court despite the foregoing
REPRESENTED HEREIN findings.[22] (Emphasis ours.)
BY THE INCUMBENT
ARCHBISHOP,
As the OCA recommended, we direct Atty. Gavino to be more
RESPONDENT.
circumspect in the performance of his functions and sternly
warn him that a repetition of the same or similar infraction will
[G.R. No. 163827 :
be dealt with more severely.
August 17, 2011]
DEVELOPMENT BANK OF
Lastly, we fully adopt the recommendations of the OCA to
THE PHILIPPINES,
direct Lacaba and Lumanog to submit, within 15 days from
PETITIONER, VS. HON.
SILVERIO Q. CASTILLO notice, a status report on the updating of the docket books of
RTC-Branch 73 of Olongapo City from the year 2000 until
AND CRISTINA
TRINIDAD ZARATE present; and to designate Presiding Judge Consuelo A. Bocar

ROMERO, of RTC-Branch 71 of Iba, Zambales, as Acting Presiding Judge

of RTC-Branch 73 of Olongapo City, Zambales, with
RESPONDENTS.
entitlement to certain allowances allowed under existing rules.

[G.R. No. 167545 :

WHEREFORE, in view of all the foregoing, we rule as follows:
August 17, 2011] ATIKO
TRANS, INC. AND
1. The Motion for Leave to Admit Attached Second Motion for
CHENG LIE NAVIGATION
Reconsideration filed by respondent Judge Renato J. Dilag of
CO., LTD.,
PETITIONERS, VS. the Regional Trial Court, Branch 73 of Olongapo City,
Zambales is DENIED for being a prohibited pleading.
PRUDENTIAL
GUARANTEE AND Consequently, the attached Second Motion for Reconsideration
ASSURANCE, INC., of our Decision dated March 4, 2009 and Resolution dated
RESPONDENT. April 28, 2009 in A.M. Nos. RTJ-06-2014 and 06-07-415-RTC
is NOTED WITHOUT ACTION; and
[G.R. No. 190317 :
August 22, 2011] 2. The OCA Memorandum dated October 21, 2008 in A.M.
PEOPLE OF THE No. 06-07-415-RTC is NOTED and the following
PHILIPPINES, recommendations of the OCA are ADOPTED:
PLAINTIFF-APPELLEE,
VS. LARRY TORRES, SR., a. Officer-in-Charge Ester A. Asilo of the Regional Trial
ACCUSED-APPELLANT. Court, Branch 73 of Olongapo City, Zambales, is
SUSPENDED from office for a period of SIX MONTHS
[G.R. No. 193161 : AND ONE DAY for inefficiency and incompetence in the
August 22, 2011] performance of official duties, pursuant to Rule IV,
DIOSDADO S. Section 52, paragraph A(16) of Civil Service
MANUNGAS, Memorandum Circular No. 19-99;
PETITIONER, VS.
MARGARITA AVILA b. Atty. Ronald D. Gavino, Deputy Clerk of Court of the
LORETO AND Regional Trial Court of Olongapo City, Zambales, is
FLORENCIA AVILA DIRECTED to be more circumspect in the performance
PARREÑO, of his functions and is STERNLY WARNED that a
RESPONDENTS. repetition of the same or similar infraction shall be dealt
with more severely;
[G.R. No. 163433 :
August 22, 2011] c. Clerks Luzviminda P. Lacaba and Admer L. Lumanog
SPOUSES NELSON R. are DIRECTED to submit, within 15 days from notice
VILLANUEVA AND MYRA hereof, a status report on the updating of the docket
P. VILLANUEVA, books of the Regional Trial Court, Branch 73 of Olongapo
PETITIONERS, VS. THE City, Zambales, beginning the year 2000 until present;
COURT OF APPEALS, and
PROVIDENT RURAL
BANK OF SANTA CRUZ d. Presiding Judge Consuelo A. Bocar of the Regional
(LAGUNA), INC., AND Trial Court, Branch 71, of Iba, Zambales, is
THE CLERK OF COURT DESIGNATED as Acting Presiding Judge of the Regional
OF THE REGIONAL Trial Court, Branch 73 of Olongapo City, Zambales, with
TRIAL COURT OF entitlement to reimbursement of traveling expenses with
LAGUNA AS EX-OFFICIO per diems, additional expense allowances, and judicial
PROVINCIAL SHERIFF, incentive allowances as provided for under existing rules.
RESPONDENTS.

[G.R. Nos. 192147 & SO ORDERED.

192149 : August 23,
2011] RENALD F. Corona, C.J., Carpio, Velasco, Jr., Leonardo-De Castro,
VILANDO, PETITIONER, Brion, Peralta, Bersamin, Del Castillo, Villarama, Jr.,
VS. HOUSE OF Mendoza, and Sereno, JJ., concur
REPRESENTATIVES Abad, J., on leave.
ELECTORAL TRIBUNAL, Perez, J., no part.
JOCELYN SY
Endnotes:
LIMKAICHONG AND
HON. SPEAKER
[1] Rollo (A.M. No. RTJ-06-2014), Vol. II, pp. 714-
PROSPERO NOGRALES,
717.
RESPONDENTS.

[2] Id.
[A.M. No. 2011-01-
SC : August 23, 2011]
[3] Id.
RE: LETTER-COMPLAINT
OF MR. RECARREDO S.
VALENZUELA, CLERK IV, [4] Rollo (A.M. No. RTJ-11-2293), pp. 1718-1734.
PERSONNEL DIVISION,
OAS-OCA AGAINST MR. [5] Id. at 2-42.
RICARDO R. GIGANTO,
UTILITY WORKER II, [6] Id. at 111-134.
PERSONNEL DIVISION,
OAS-OCA
[7] Rollo (A.M. No. RTJ-06-2014), Vol. II, pp. 197-
220.
[G.R. No. 165828 :
August 24, 2011]
[8] Tirazona v. Philippine EDS Techno-Service, Inc.,
NATIONAL POWER
CORPORATION, G.R. No. 169712, January 20, 2009, 576 SCRA

PETITIONER, VS. HEIRS 625, 628.

OF MACABANGKIT
[9] Ocampo v. Bibat-Palamos, A.M. No. MTJ-06-
SANGKAY, NAMELY:
CEBU, BATOWA-AN, 1655, March 6, 2007, 517 SCRA 480, 487.

SAYANA, NASSER,
MANTA, EDGAR, PUTRI , [10] A.M. No. RTJ-05-1921, September 30, 2005,
MONGKOY*, AND AMIR, 471 SCRA 176, 184.
ALL SURNAMED
MACABANGKIT, [11] Rollo (A.M. No. RTJ-11-2293), pp. 188-189.
RESPONDENTS.

[12] Id. at 193-194.

[G.R. No. 173180 :
August 24, 2011]
[13] Id. at 226-228.
ALBERT TISON AND
CLAUDIO L. JABON,
PETITIONERS, VS. SPS. [14] Id. at 907-914.
GREGORIO POMASIN
AND CONSORCIA PONCE [15] Id. at 921-1498.
POMASIN, DIANNE
POMASIN PAGUNSAN, [16] Id. at 1503-1611.
CYNTHIA POMASIN,
SONIA PEROL, ANTONIO
[17] Id. at 1689 and 1645.
SESISTA, GINA
SESISTA, AND
[18] Id. at 1611-1613, 1659-1661.
REYNALDO SESISTA,
RESPONDENTS.
[19] Id. at 1733-1734.
[G.R. No. 172331 :
August 24, 2011] [20] Excluding the 37 other cases submitted for
RAMON ARANDA, decision or resolution which are still within the
PETITIONER, VS. reglementary period for Judge Dilag to decide or
REPUBLIC OF THE resolve.
PHILIPPINES,
RESPONDENT. [21] Rollo (A.M. No. RTJ-11-2293), pp. 1730-1731.

[G.R. No. 160322 : [22] Id. at 1732.

August 24, 2011]
PILIPINO TELEPHONE
CORPORATION,
PETITIONER, VS.
RADIOMARINE
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NETWORK (SMARTNET)
PHILIPPINES, INC.,
RESPONDENT.

[A.M. No. P-10-2739

[Formerly OCA I.P.I. No.
08-3015-P] : August 24,
2011] WILFRIED
ERDENBERGER,
COMPLAINANT, VS.
JOHN V. AQUINO, CLERK
OF COURT, REGIONAL
TRIAL COURT, OFFICE
OF THE CLERK OF
COURT, OLONGAPO
CITY, RESPONDENT.
 [G.R. No. 188775 :
August 24, 2011]
CENON R. TEVES,
PETITIONER, VS.
PEOPLE OF THE
PHILIPPINES AND
DANILO R. BONGALON,
RESPONDENTS.

[G.R. No. 188995 :

August 24, 2011]
EXPORT PROCESSING
ZONE AUTHORITY (NOW
PHILIPPINE EXPORT
ZONE AUTHORITY),
PETITIONER, VS. JOSE
PULIDO, VICENTA
PANGANIBAN, RURAL
BANK OF SALINAS, INC.,
FRANCISCA M.
PRODIGALIDAD,
ABELARDO
PRODIGALIDAD,
CARMEN PRECIOSA
TABLANTE, CARMENCITA
M. PRODIGALIDAD,
MELVIN J. BOUCHER,
MARY LOU M.
PRODIGALIDAD,
SALVADOR MENES, JR.,
DELILAH M.
PRODIGALIDAD,
NANNETTE M.
PRODIGALIDAD,
ANSELMO M.
PRODIGALIDAD III,
GREGORIO M.
PRODIGALIDAD, AND
ESTATE OF SALUD
JIMENEZ,
RESPONDENTS.
 [G.R. No. 176129 :
August 24, 2011] HEIRS
OF RODOLFO
CRISOSTOMO
(EUPROCINIA, ROYCE
AND IRISH
CRISOSTOMO),
PETITIONERS, VS.
RUDEX INTERNATIONAL
DEVELOPMENT
CORPORATION,
RESPONDENT.

[G.R. No. 184960 :

August 24, 2011]
PEOPLE OF THE
PHILIPPINES,
PLAINTIFF-APPELLEE,
VS. CLEOFE
BAROQUILLO Y
VILLANUEVA AND
LEONARDO MAHILUM Y
CAÑETE, ACCUSED-
APPELLANTS.

[A.C. No. 6689 :

August 24, 2011]
RIZALINA L. GEMINA,
COMPLAINANT, VS.
ATTY. ISIDRO S.
MADAMBA,
RESPONDENT.

[G.R. No. 168973 :

August 24, 2011] CITY
OF DUMAGUETE,
HEREIN REPRESENTED
BY CITY MAYOR,
AGUSTIN R. PERDICES,
PETITIONER, VS.
PHILIPPINE PORTS
AUTHORITY,
RESPONDENT.

[G.R. No. 183789 :

August 24, 2011]
POWER SECTOR ASSETS
AND LIABILITIES
MANAGEMENT
CORPORATION,
PETITIONER, VS.
POZZOLANIC
PHILIPPINES
INCORPORATED,
RESPONDENT.

[G.R. No. 176091 :

August 24, 2011] RENE
ANTONIO, PETITIONER,
VS. GREGORIO
MANAHAN,
RESPONDENT.

[G.R. No. 171468 :

August 24, 2011] NEW
WORLD INTERNATIONAL
DEVELOPMENT (PHILS.),
INC., PETITIONER, VS.
NYK-FILJAPAN SHIPPING
CORP., LEP PROFIT
INTERNATIONAL, INC.
(ORD), LEP
INTERNATIONAL
PHILIPPINES, INC., DMT
CORP., ADVATECH
INDUSTRIES, INC.,
MARINA PORT
SERVICES, INC.,
SERBROS CARRIER
CORPORATION, AND
SEABOARD-EASTERN
INSURANCE CO., INC.,
RESPONDENTS. [G.R.
NO. 174241] NEW
WORLD INTERNATIONAL
DEVELOPMENT (PHILS.),
INC., PETITIONER, VS.
SEABOARD-EASTERN
INSURANCE CO., INC.,
RESPONDENT.

[G.R. No. 185023 :

August 24, 2011] CITY
OF PASIG,
REPRESENTED BY THE
CITY TREASURER AND
THE CITY ASSESSOR,
VS. PETITIONER,
REPUBLIC OF THE
PHILIPPINES,
REPRESENTED BY THE
PRESIDENTIAL
COMMISSION ON GOOD
GOVERNMENT,
RESPONDENT.

[G.R. No. 172660 :

August 24, 2011]
EUGENIO BASBAS,
TEOFILO ARAS, RUFINO
ARAS, GERVACIO
BASBAS, ISMAEL ARAS,
EUGENIO ARAS,
SIMFRONIO ARAS,
FELICIANO ARAS,
ROSITA ARAS, EUGENIO
BASBAS, JR. AND
SPOUSES PABLITO
BASARTE AND
MARCELINA BASBAS
BASARTE, PETITIONERS,
VS. BEATA SAYSON AND
ROBERTO SAYSON, JR.,
RESPONDENTS.
 [G.R. No. 174774 :
August 31, 2011]
PEOPLE OF THE
PHILIPPINES,
PLAINTIFF-APPELLEE,
VS. ROLANDO S. DELOS
REYES, ALIAS
"BOTONG," AND
RAYMUNDO G. REYES,
ALIAS "MAC-MAC,"
ACCUSED-APPELLANTS.

[G.R. No. 175289 :

August 31, 2011]
CRISOSTOMO VILLARIN
AND ANIANO LATAYADA,
PETITIONERS, VS.
PEOPLE OF THE
PHILIPPINES,
RESPONDENT.

[G.R. No. 170728 :

August 31, 2011] D. M.
WENCESLAO AND
ASSOCIATES, INC.,
PETITIONER, VS. CITY
OF PARAÑAQUE,
PARAÑAQUE CITY
ASSESSOR, PARAÑAQUE
CITY TREASURER AND
PARAÑAQUE CITY
COUNCIL,
RESPONDENTS.

[G.R. No. 184053 :

August 31, 2011]
PEOPLE OF THE
PHILIPPINES,
PLAINTIFF-APPELLEE,
VS. VIRGINIA BABY P.
MONTANER, ACCUSED-
APPELLANT.
 [G.R. No. 175074 :
August 31, 2011] JESUS
TORRES, PETITIONER,
VS. PEOPLE OF THE
PHILIPPINES,
RESPONDENT.

[G.R. No. 165025 :

August 31, 2011]
FEDMAN DEVELOPMENT
CORPORATION,
PETITIONER, VS.
FEDERICO AGCAOILI,
RESPONDENT.

[G.R. No. 155849 :

August 31, 2011]
LORENZO SHIPPING
CORPORATION,
OCEANIC CONTAINER
LINES, INC., SOLID
SHIPPING LINES
CORPORATION,
SULPICIO LINES, INC.,
ET AL., PETITIONERS,
VS. DISTRIBUTION
MANAGEMENT
ASSOCIATION OF THE
PHILIPPINES, LORENZO
CINCO, AND CORA
CURAY, RESPONDENTS.

[G.R. No. 173792 :

August 31, 2011]
PEOPLE OF THE
PHILIPPINES,
PLAINTIFF-APPELLEE,
VS. ROSARIO "ROSE"
OCHOA, ACCUSED-
APPELLANT.
 [G.R. No. 181902 :
August 31, 2011]
PEOPLE OF THE
PHILIPPINES,
PLAINTIFF-APPELLEE,
VS. EDGAR EVANGELIO
Y GALLO, JOSEPH
EVANGELIO, ATILANO
AGATON Y OBICO, AND
NOEL MALPAS Y
GARCIA, ACCUSED.
JOSEPH EVANGELIO,
ACCUSED-APPELLANT.

[G.R. No. 176077 :

August 31, 2011]
ABRAHAM MICLAT, JR. Y
CERBO, PETITIONER,
VS. PEOPLE OF THE
PHILIPPINES,
RESPONDENT.

[G.R. No. 175991 :

August 31, 2011] JOSE
R. CATACUTAN,
PETITIONER, VS.
PEOPLE OF THE
PHILIPPINES,
RESPONDENT.

[G.R. No. 186387 :

August 31, 2011] THE
PEOPLE OF THE
PHILIPPINES,
PLAINTIFF-APPELLEE,
VS. JUAN MENDOZA Y
VICENTE, ACCUSED-
APPELLANT.

[G.R. No. 174980 :

August 31, 2011]
RADITO AURELIO Y
REYES, PETITIONER, VS.
PEOPLE OF THE
PHILIPPINES,
RESPONDENT.

[G.R. No. 179978 :

August 31, 2011] DCD
CONSTRUCTION, INC.,
PETITIONER, VS.
REPUBLIC OF THE
PHILIPPINES,
RESPONDENT.

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