Marissa R. Mondala vs. Presiding Judge Rebecca R. Mariano

Ynares-Santiago, J.:

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

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

• A. TAKE APPROPRIATE ACTION on the following cases:

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

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

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

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

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

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

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

  CRIMINAL CASES

  CASE NUMBER	TITLE	NATURE OF CASE
  1. 06-1140 2. 06-1141 3. 06-1142	E. Gipan, et al.	Violation of R.A. 8049

  CIVIL CASES

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

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

  CRIMINAL CASES

  CASE NUMBER	TITLE	NATURE OF CASE
  1. 02-1877	J. Beltran, et al.	Estafa
  2. 04-2319	M. Nicos, et al.	Grave Coercion
  3. 05-1113	J. Payaon, et al.	Theft

  CIVIL CASES

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

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

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

  CRIMINAL CASES

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

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

  CRIMINAL CASES

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

  CIVIL CASES

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

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

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

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

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

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

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

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

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

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

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

The motion for reconsideration is partly granted.

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

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