Re: Findings on the Judicial Audit Conducted in Regional Trial Court, Branch 8, La Trinidad, Benguet

Per Curiam:

This is a consolidated administrative complaint against Judge Marybelle L. Demot-Mariñas (Judge Demot-Mariñas), 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 of 309 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-Mariñas, Presiding Judge, Branch 8, Regional Trial Court, La Trinidad, Benguet, be DIRECTED to:

(1) CEASE and DESIST from trying/hearing cases in her court, and to DEVOTE her time to (1a) 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 Yeno 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	07/25/11
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 Morial Julius Casaalan	Frustrated Murder	06/18/13
38	11-CR-8641	Jessie Bernal	Estafa	12/10/13
39	13-CR-9459 (appealed case)	Regina Samidan	BP 22	07/24/13
40	13-CR-9460 (appealed case)	Regina Samidan	BP 22	07/24/13
41	13-CR-9461	Regina Samidan	BP 22	07/24/13
42	13-CR-9462 (appealed case)	Regina Samidan	BP 22	07/24/13
43	13-CR-9463 (appealed case)	Regina Samidan	BP 22	07/24/13
44	13-CR-9517 (appealed case)	Fernando Asunsion	BP 22	08/07/13
45	13-CR-9516 (appealed case)	Fernando Asunsion	BP 22	08/07/13

CIVIL CASES

CASE COUNT	CASE NUMBER	TITLE	NATURE	DATE SUBMITTED FOR DECISION
1	01-CV-1509	Joseph Tanacio, et al. v. Angelita Narzabal, et al.	Damages	04/16/04
2	06-CV-2293	Lorna Aquino v. Sps. Antonio Abyado, et al.	Specific Performance, Injunction and Reconveyance	01/22/11
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 Acop & Shirley Acop v. Register of Deeds, Benguet	Petition under Section 108 of PD 1529 for amendment of entries in 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, et al. 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	07/12/13
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	10-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	Saturnino 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 Injunction, 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	09/17/12
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	08/09/11
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	01-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 Eraña 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	01-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 Tumpao 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	01-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	Marck Floyd Ambos & Eden Ambos v. LCR of Bokod, Benguet	Petition for Correction of Entries in the Certificate of Live Birth of Mark Floyd Ambos	01/29/13
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 Sukil-ap, 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 Maliones	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 Daliones 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	Philex 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	Jackellene Menzi	Estafa	Motion to Quash filed on 3-11-14 Prosecution's comment filed on 3-11-14

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 in 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 Sernal 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 Saturnino 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	ACCUSED	NATURE	LAST COURT ACTION/REMARKS	DATE RESOLVED
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 9-17-13	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 Resolved
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. William 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	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	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 Resolved
10-SP-0121	Petition for Probate/Allowance of the Holographic will of Saturnino 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 1^st 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 2^nd 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 3^rd 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-Mariñas 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 defaultingjudge.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].² Some of the cases were already submitted for decision since 2002, particularly Civil Case No. 2831 and Civil Case No. 2217.³ More 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(l) 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. 13⁴ which 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. 3-99⁵ which 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.¹⁰ Clearly, 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 m 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.¹¹ Further, 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 8,¹² Rule 140 of the Rules of Court.

In Re: Audit Report in Attendance of Court Personnel of RTC, Branch 32, Manila,¹³ We 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,¹⁴ a 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.

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.¹⁵ The 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.¹⁶ Thus, 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.

NOTICE OF JUDGMENT

Sirs/Mesdames:

Please take notice that on March 7, 2017 a Decision/Resolution, copy attached herewith, was rendered by the Supreme Court in the above-entitled administrative matter, the original of which was received by this Office on May 8, 2017 at 10:43 a.m.

Very truly yours,

(SGD)

FELIPA G. BORLONGAN-ANAMA

Clerk of Court