The Supreme Court, in this administrative matter, underscored the importance of judicial accountability and the duty of judges to supervise court personnel effectively. The Court found Judge Norma C. Perello guilty of undue delay in transmitting the records of a civil case to the Court of Appeals, emphasizing that such delays erode public trust in the justice system. While the charges of gross ignorance of the law, grave misconduct, and oppression were dismissed, the Court imposed a fine and admonished the judge to improve court management practices, ensuring prompt transmittal of records and adherence to the Code of Judicial Conduct. This decision serves as a reminder of the judiciary’s commitment to providing a just and speedy administration of justice.

Delayed Justice: Can a Judge Pass the Blame for a Clerk’s Inaction?

This case arose from a complaint filed by Melecia B. Bellena, et al., against Judge Norma C. Perello of the Regional Trial Court (RTC), Muntinlupa City, for alleged gross ignorance of the law, grave misconduct, and oppression. The complainants, who were plaintiffs in Civil Case No. 01-268, claimed that Judge Perello deliberately delayed the transmittal of their case records to the Court of Appeals after they filed a Notice of Appeal. The central legal question was whether Judge Perello could be held administratively liable for the delay, despite her claim that the responsibility for transmitting the records rested with her branch clerk of court.

The complainants argued that Judge Perello’s actions frustrated their right to have their appeal expeditiously disposed of, violating Rule 3.05 of the Code of Judicial Conduct. They pointed to the fact that almost nine months had passed between the time the Notice of Appeal was given due course and the actual transmittal of the records to the Court of Appeals. In response, Judge Perello contended that she was not the custodian of records and that the duty to forward the records to the appellate court belonged to her branch clerk of court, Atty. Luis Bucayon II. She maintained that she regularly reminded Atty. Bucayon to elevate the records but was informed that they were incomplete due to a pending resolution from the Land Registration Authority (LRA) regarding an appeal en consulta.

The Office of the Court Administrator (OCA) investigated the matter and found Judge Perello liable for the delay, recommending a fine of P20,000.00. The Supreme Court subsequently referred the case to the Court of Appeals for further investigation, report, and recommendation. Associate Justice Rosalinda Asuncion-Vicente conducted hearings, during which the complainants testified about the delay and their repeated inquiries to the court. Judge Perello reiterated her defense, stating that she had no reason to delay the transmittal and that she relied on her clerk of court to perform his duties.

The Investigating Justice ultimately recommended that the charges of gross ignorance of the law, grave misconduct, and oppression be dismissed, but that Judge Perello be found guilty of undue delay and fined P20,000.00. The Investigating Justice also recommended that Judge Perello be admonished to faithfully observe Canon 3, Rule 3.09 of the Code of Judicial Conduct, which requires judges to organize and supervise court personnel to ensure the prompt and efficient dispatch of court business. The Supreme Court agreed with the Investigating Justice’s recommendations, finding that while the more serious charges were not substantiated, Judge Perello was indeed responsible for the undue delay in the transmittal of the records.

The Court emphasized that when the law is sufficiently basic, a lack of awareness constitutes gross ignorance of the law. To be held liable, the error must be gross, patent, deliberate, and malicious. In this case, the pertinent rule governing the transmittal of records in appealed cases is Section 10, Rule 41 of the Rules of Court, which provides:

SEC. 10.  Duty of clerk of court of the lower court upon perfection of appeal.  –  Within thirty (30) days after perfection of all the appeals in accordance with the preceding section, it shall be the duty of the clerk of court of the lower court:

(a) To verify the correctness of the original record or the record on appeal, as the case may be, and to make a certification of its correctness;

(b) To verify the completeness of the records that will be transmitted to the appellate court;

(c) If found to be incomplete, to take such measures as may be required to complete the records, availing of the authority that he or the court may exercise for this purpose; and

(d) To transmit the records to the appellate court.

The Court noted that these duties are primarily the responsibility of the clerk of court, and the judge can only direct the clerk to act accordingly after an appeal has been perfected. The evidence did not show that Judge Perello acted deliberately, maliciously, or in bad faith. The Court also addressed the charges of grave misconduct and oppression, explaining that misconduct generally involves wrongful, improper, or unlawful conduct motivated by a premeditated, obstinate, or intentional purpose. Oppression, on the other hand, requires specific acts or conduct indicating arbitrariness or prejudice.

The Court found no evidence that Judge Perello deliberately committed an act resulting in the delay or that she exhibited any hostility towards the complainants. However, the Court held Judge Perello accountable for the delay because she failed to adequately supervise her court personnel. Rule 3.09, Canon 3, of the Code of Judicial Conduct requires judges to organize and supervise their staff to ensure the prompt and efficient dispatch of court business. The Court found that Judge Perello did not embody the ideals of a good judge in this regard. The Court rejected Judge Perello’s excuse of blaming her branch clerk of court, stating that proper and efficient court management is the judge’s responsibility.

Moreover, the Supreme Court pointed out that even if the records were incomplete, the Rules of Court allow for partial transmittal, with an indication of the missing documents. Undue delay in the transmittal of records is considered a less serious offense under Sections 9 and 11, Rule 140 of the Rules of Court. The purpose of requiring prompt transmittal is to ensure the speedy disposition of cases, and the failure to monitor the performance of court personnel resulted in a delay in the administration of justice.

The Court emphasized that members of the judiciary must be reminded that undue delays erode public faith in the justice system and bring it into disrepute. The Court noted the Investigating Justice’s observation of Judge Perello’s seeming laxity and leniency over the carelessness of her subordinates which led to a previous incident in 1997 of a ‘missing’ court record, resulting in the delay in the disposition of that case, for which she was reprimanded along with her staff. In conclusion, the Court found Judge Perello guilty of undue delay and imposed a fine of P20,000.00, while admonishing her to faithfully observe the Code of Judicial Conduct and improve court management practices.

FAQs

What was the key issue in this case?	The key issue was whether Judge Norma C. Perello could be held administratively liable for the delay in transmitting the records of a civil case to the Court of Appeals, despite her claim that the responsibility rested with her branch clerk of court. The Court ultimately focused on the judge’s supervisory role.
What charges were filed against Judge Perello?	Judge Perello was charged with gross ignorance of the law, grave misconduct, and oppression, stemming from the delay in the transmittal of records. However, the Supreme Court only found her guilty of undue delay.
What is the duty of the clerk of court regarding appealed cases?	Under Section 10, Rule 41 of the Rules of Court, the clerk of court is responsible for verifying the correctness and completeness of the records, taking measures to complete them if necessary, and transmitting the records to the appellate court within thirty days after perfection of the appeals.
What does the Code of Judicial Conduct say about a judge’s responsibilities?	Canon 3, Rule 3.09 of the Code of Judicial Conduct requires judges to organize and supervise court personnel to ensure the prompt and efficient dispatch of court business. This includes ensuring the timely transmittal of records in appealed cases.
What was the penalty imposed on Judge Perello?	Judge Perello was fined P20,000.00 for undue delay in transmitting the records and was admonished to improve court management practices.
Why were the charges of gross ignorance of the law, grave misconduct, and oppression dismissed?	The Court found no evidence that Judge Perello acted deliberately, maliciously, or in bad faith to delay the transmittal of records. The evidence also did not support the allegations of wrongful conduct or arbitrariness.
What is the significance of this ruling?	This ruling reinforces the importance of judicial accountability and the duty of judges to effectively supervise court personnel to ensure the prompt administration of justice. It serves as a reminder that delays erode public trust in the legal system.
What constitutes undue delay in the transmittal of records?	The Court considered a delay of almost nine months to be extraordinary and unacceptable. It emphasized that records should be transmitted within thirty days after perfection of the appeal, as required by the Rules of Court.

This case illustrates the Supreme Court’s commitment to upholding the standards of judicial conduct and ensuring the efficient administration of justice. Judges are expected not only to be knowledgeable in the law but also to effectively manage their courts and supervise their personnel. Failure to do so can result in administrative sanctions, as demonstrated in this case.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: MELECIA B. BELLENA v. JUDGE NORMA C. PERELLO, A.M. NO. RTJ-04-1846, January 31, 2005