SC FINES COURT CLERK FOR NEGLECT OF DUTY

Court officer fails to endorse a civil case to a judge, leading to a 16-year delay in the resolution of the case

The Supreme Court fined a court clerk from Cebu who failed to endorse a civil case to the judge that led to a 16-year delay in the resolution of the petition.

The High Court’s Second Division ordered lawyer Andrea P. Maratas, the court clerk of the Regional Trial Court (RTC) Branch 53 in Lapu-Lapu City, to pay a fine of P5,000 for simple neglect of duty.

“She (Maratas) should keep a daily record of the trial court’s activities in a court journal, wherein entries of cases tried and heard, as well as their status, shall be made daily,” read the SC decision penned by Associate Justice Diosdado Peralta.

The case stemmed from the complaint filed by lawyer Miguel Kilantang, who accused Maratas of unreasonable neglect of duty, malfeasance, and failure to perform her mandated duty.

Kilantang, who represents the heirs of Damaso Ochea, et al, in the case, said the case was raffled to the sala of retired Judge Benedicto Cobarde.

In his order dated Aug. 4, 1997, Cobarde ordered the parties to submit their memoranda in 30 days, after which the case will be deemed submitted for decision.

However, Judge Cobarde failed to render a decision despite the plaintiffs’ several motions to render judgment.

Kilantang said that the plain- tiffs also personally followed up the matter with Maratas, inquiring if the trial court had acted on their motions to render judgment since the defendants had already acknowledged the plaintiffs’ ownership over the disputed property by way of paying the monthly rental.

Maratas assured them that Cobarde would decide the case before his retirement from service since he had already prepared a draft decision.

But despite the SC’s directive for Cobarde to resolve the case even after his compulsory retirement on Dec. 20, 2010, the petition remained undecided.

Kilantang alleged that the failure of Maratas to endorse the

The High Court’s Second Division ordered lawyer Andrea P. Maratas, the court clerk of the Regional Trial Court (RTC) Branch 53 in LapuLapu City, to pay a fine of P5,000 for simple neglect of duty.

records of the case or to at least apprise Judge Mario Trinidad, then designated assisting judge, on the pending case contributed to the delay.

Replying to the complaint, Maratas said that their legal researcher prepared a draft decision which had already been submitted to Cobarde.

In the recommendation report dated Aug. 22, 2016, the Office of the Court Administrator (OCA) found Maratas guilty of simple neglect of duty.

It recommended that she be fined P5,000 and warned her of stiffer penalty if she commits the same offense.

In the decision, the High Court approved OCA’s recommendation finding Maratas liable for simple neglect of duty.

Maratas failed to present the court’s complete monthly reports for 14 years following the time when the petition was submitted for decision.

“Maratas’ failure to do her duties as a clerk of court contributed to the undue delay in the resolution of case which already reached 16 years,” the petition read./