[Adm. Matter OCA IPI No. 05-2186-P. June 19, 2006]

FELIX N. CODILLA III v. ATTY. MARIO N. MELCHOR, JR., CLERK OF COURT, REGIONAL TRIAL COURT, BRANCH 16, NAVAL, BILIRAN

Third Division

Sirs/Mesdames:

Quoted hereunder, for your information is a resolution of the Third Division of this Court dated JUNE 19, 2006

Adm. Matter OCA IPI No. 05-2186-P (Felix N. Codilla III v. Atty. Mario N. Melchor, Jr., Clerk of Court, Regional Trial Court, Branch 16, Naval, Biliran)

For consideration is the Report of the Office of the Court Administrator (OCA) dated 7 December 2005.

In a letter-complaint dated 10 March 2005, Felix N. Codilla III charges respondent with gross misconduct, gross ignorance of the law, abuse of authority and discretion for the deliberate exclusion of West Leyte Weekly Express (WLWE) in the raffle of judicial notice at the Regional Trial Court, Biliran. According to complainant, WLWE has been duly accredited by the trial court to publish judicial notices since 6 May 2002. However, for some untold reasons, it was excluded from the raffle of judicial notices for publication since 2002. The matter was brought to respondent's attention, and WLWE was included in the raffle starting June 2004. Nevertheless, in the following month, WLWE was once again excluded from the raffle after a petition to revoke their accreditation was filed against them. Said petition though long been submitted for decision has not been resolved up to the present.

For his part, respondent asserts that it is the sheriff, not he, who handles the raffling of judicial notices for publication, while it is the Executive Judge who designates the time and day during which the judicial notices or advertisements must be distributed to qualified publications. Respondent likewise claims that he had nothing to do with the delay in the resolution of the petition against WLWE, his function as clerk of court being merely ministerial and he acts only upon the orders of the court.[1]

The OCA has recommended the dismissal of the complaint, finding no proof that respondent abused his discretion, or that the exclusion of WLWE in the raffle was due to his deliberate act. However, it recommended that respondent be admonished to be circumspect in the performance of his duties as Clerk of Court apparently because there was definitely a time when WLWE was excluded in the raffle. As Clerk of Court, it is his duty to assist in the raffle of cases and judicial notices/summons to accredited publishers. Likewise, part of his powers and duties is to exercise control and supervision over court personnel. In this case, he cannot pass the blame to the sheriff whose duties do not include that of raffling of judicial notices and summons, the OCA added.[2]

Finding the recommendations to be in accord with the law and facts of the case on record, the same is APPROVED. The administrative complaint against respondent Atty. Mario N. Melchor, Jr., Clerk of Court, Regional Trial Court, Branch 16, Naval, Biliran is DISMISSED for lack of merit. Atty. Melchor is ADMONISHED to be more circumspect in his duties as Clerk of Court. (Velasco, J., no part due to prior action as Court Administrator.)

Very truly yours,

(Sgd.) LUCITA ABJELINA-SORIANO

Clerk of Court

[1] Answer/Comment dated 6 June 2005, rollo, pp. 33-36.