EN BANC

A.M. No. 04-9-537-RTC

RE: JUDICIAL AUDIT AND PHYSICAL INVENTORY OF CONFISCATED CASH, SURETY AND PROPERTY BONDS IN THE RTC OF ANGELES CITY, PAMPANGA, BRANCHES 56, 57, 58, 59, 60, 61 AND 62

Sirs/Mesdames:

Quoted hereunder, for your information, is a resolution of this Court dated MAR 8 2005.

The Court Resolved, upon the recommendation of the Office of the Court Administrator, to

Branch 56

(a)     REITERATE the directives in the resolution of 28 September 2004 for compliance by Pairing Judge Omar T. Viola and Officer-in-Charge/Clerk of Court Ma. Lourdes Pineda; and

(b)     DIRECT the aforementioned officers to SHOW CAUSE, within ten (10) days from notice hereof, why no disciplinary action should be taken against them for not timely heeding the said resolution;

Branch 57

(a)     DIRECT Presiding Judge Omar T. Viola to do the following acts, in reiteration of the directives in the resolution of 28 September 2004:

(1)          EXPLAIN, within ten (10) days from notice hereof, why

(i)    no judgment on the bond was issued on cases where forfeiture order has already been issued;

(ii)   cases without valid Certification from the Office of the Court Administrator, and other problems relative to bail application, were approved;

(2)          EXPLAIN, within ten (10) days from notice hereof, and immediately TAKE APPROPRIATE ACTION and SUBMIT proof of compliance on cases Nos. 02-191, 02-198, 03-081, 03-082, 03-083, 02-73, 02-116, 02-71, 02-170, 01-488, 01-035, 01-080, 99-1194 & 99-1447, each of which has no judgment on the bond despite order of forfeiture having been issued; and

(3)          REPORT and SUBMIT proof of compliance, within ten (10) days from notice hereof, the further action taken on the order of forfeiture issued in cases Nos. 00-1007, 02-267, 98-445, 02-285, 01-253, 00-984, 03-153, 00-461, 02-145, 02-114, 03-664, 03-665, 01-269, 98-542, 03-137, 01-390 & 00-593;

(b)     DIRECT Presiding Judge Viola to undertake such appropriate administrative measures to ensure enforcement of the orders and writs issued by his court pursuant to this instant administrative matter (especially, the actual payment of liability on the bonds ordered executed);

(c)     DIRECT OIC-Clerk of Court Medina to explain, within ten (10) days from notice hereof, why no writs of execution were timely issued on the cases with order of forfeiture, in reiteration of the resolution of 28 September 2004; and

(d)     REMIND Presiding Judge Viola and OIC-Clerk of Court Medina to henceforth strictly enforce compliance with all the requirements for the application of all kinds of bail bonds prior to the approval thereof and faithfully observe the procedure in the confiscation, if any, of the said bonds in favor of the Judiciary Development Fund;

Branch 58

(a)     REITERATE the directives in the resolution of 28 September 2004 for compliance by Presiding Judge Philbert I. Iturralde, Branch Clerk of Court Atty. Joy Casupanan-Aranas and the Deputy Sheriff; and

(b)     DIRECT the aforementioned officers to SHOW CAUSE, within ten (10) days from notice hereof, why no disciplinary action should be taken against them for not timely heeding the said resolution;

Branch 59

(a)     CONSIDER Judge Ma. Angelica Quiambao, RTC, Branch 59, Angeles City, to have complied with the resolution of 28 September 2004; and

(b)     REITERATE the directives in the resolution of 28 September 2004 for compliance by the Deputy Sheriff;

Branch 60

(a)     CONSIDER Officer-in-Charge/Acting Clerk of Court Raquel L. Dalida-Clarin and Sheriff IV Teofilo Maguddayao, RTC, Branch 60, Angeles City, to have complied with the resolution of 28 September 2004; and

(b)     REITERATE the directives in the resolution of 28 September 2004 for compliance by Presiding Judge Ofelia T. Quinto;

Branch 61

(a)     CONSIDER as SUFFICIENT the explanations submitted by Presiding Judge Bernardita Erum in compliance with the resolution of 28 September 2004;

(b)     DIRECT Presiding Judge Erum to undertake such appropriate administrative measures to ensure enforcement of the orders and writs which her court issued pursuant to this administrative matters (especially, the actual payment of liability on the bonds ordered executed); and

(c)     REMIND Judge Erum and OIC-Clerk of Court Ma. Gloria Navos to henceforth strictly enforce compliance with all the requirements for the application of all kinds of bail bonds prior to the approval thereof and faithfully observe the procedure in the confiscation, if any, of the said bonds in favor of the Judiciary Development Fund;

Branch 62

(a)     CONSIDER Acting Presiding Judge Ma. Angelica Quiambao to have complied with the resolution of 28 September 2004;

(b)     CONSIDER this matter CLOSED and TERMINATED insofar as Judge Quiambao is concerned, as Branch 62 has a new Presiding Judge in the person of Judge Gerardo Antonio P. Santos;

(c )    DIRECT Judge Santos to

(i)           TAKE APPROPRIATE ACTION on cases with no order of forfeiture even after accused failed to appear in court or had jumped bail, to wit:  cases Nos. 01-307 and 02-178; and

(ii)          REPORT on the status of cases Nos. 00-978, 00-979, 00-847, 00-848 & 00-1052, where the accused were reported detained, however, it does not appear from the letter-compliance that the previous orders of forfeiture were revoked;

(d)     DIRECT recently appointed Judge Santos to undertake such appropriate administrative measures to ensure enforcement of the orders and writs issued by the court pursuant to this administrative matter; and

(e)     REITERATE the directives in the resolution of 28 September 2004 for compliance by Officer-in-Charge/Clerk of Court Rosario Roque.”  Morales, J., on leave. (54)

Very truly yours,

LUZVIMINDA D. PUNO

Clerk of Court

By:

(Sgd.) MA. LUISA D. VILLARAMA

Assistant Clerk of Court