EN BANC

[A.M. No. 00-4-08-SC. July 31, 2002]

RE: REPORT OF DEPUTY COURT ADMINISTRATOR BERNARDO PONFERRADA RE JUDICIAL AUDIT CONDUCTED IN BRANCH 21, REGIONAL TRIAL COURT, CEBU CITY -- JUDGE GENIS B. BALBUENA, PRESIDING.

D E C I S I O N

PER CURIAM:

In a memorandum dated March 31, 2000, former Deputy Court Administrator Bernardo Ponferrada reported on the judicial audit conducted in Branch 21 of the Regional Trial Court, Cebu City, presided over by Judge Genis B. Balbuena.

According to DCA Ponferrada, the audit team found:

...that there were 743 cases (295 criminal and 448 civil and other cases) pending in the subject branch as of the end of February 2000. Of that number 32 criminal cases and 78 civil cases were found submitted for decision or a total of 110 undecided cases. Not all of these cases, however, were submitted before Judge [Genis B.] Balbuena [presiding judge of Branch 21]. As contained in the report, 25 are inherited cases submitted for decision before Judge Jose P. Soberano, Jr. who was the acting presiding judge of Branch 21 and who retired last March 11, 2000. Some of the cases, however, submitted before Judge Balbuena have remained undecided for about 2 years.

Also reported were 105 cases where there were incidents submitted for resolution; 57 cases where no further action had been taken for 3 months or more; and 23 cases where no action at all were taken since they were filed.

Summonses were found prepared in several civil cases but have not yet been released for service despite payment of docket fees thereon. Upon inquiry, [the audit team was] informed that the staff were still waiting for the plaintiffs therein to provide the sheriff/process server money for transportation expenses. This matter has already been straight