The Supreme Court in Mariano T. Ong v. Eva G. Basiya-Saratan held that a Clerk of Court’s failure to promptly issue alias writs of execution constitutes dereliction of duty, warranting disciplinary action. This decision reinforces the judiciary’s commitment to efficient court processes and the public’s right to timely execution of judgments. Court personnel are expected to perform their duties diligently and without unnecessary delay, and failure to do so undermines the integrity of the judicial system.

Justice Delayed: When a Clerk’s Inaction Undermines a Court Order

This case arose from a complaint filed by Mariano T. Ong against Eva G. Basiya-Saratan, the Clerk of Court of the Regional Trial Court (RTC) of Iloilo City, Branch 32. Ong alleged that Basiya-Saratan repeatedly failed to issue Alias Writs of Execution in Civil Case No. 18978, despite being directed to do so by the RTC. The initial order for the issuance of the Alias Writ of Execution was issued on September 26, 2008, yet, years passed without any action from the respondent.

The roots of this administrative matter trace back to a civil case where Ong was one of the defendants/judgment obligees. A decision was rendered against him on June 21, 1999, obligating him to pay P800,000.00 in damages and attorney’s fees. To enforce this judgment, the RTC issued an order on April 24, 2006, granting the issuance of a writ of execution. Dissatisfied with the lack of progress, Ong requested an Alias Writ of Execution, which the RTC granted on September 26, 2008, directing the Sheriff of the RTC of Valenzuela City, Branch 72, to proceed against the plaintiff’s attachment bond.

Despite the court’s directive, Basiya-Saratan failed to act for over two years. This inaction prompted the RTC to issue another order on November 26, 2010, reiterating the directive for the issuance of the Alias Writ of Execution and assigning its implementation to Sheriff Romero L. Rivera. Still, the Clerk of Court did not comply, leading Ong to file a “Very Urgent Motion to Be Furnished Certified True Copy of Alias Writ of Execution,” which the RTC granted on January 14, 2011.

Frustrated by the continued delay, Ong filed further motions seeking to compel Basiya-Saratan to comply with the court’s directive. He also pointed out that he had received an unsigned and uncertified copy of the Alias Amended Writ of Execution dated June 7, 2007, which was improperly addressed. On August 15, 2011, the RTC issued an Amended Order, specifically instructing Basiya-Saratan to issue a certified true copy of the Amended Writ of Execution to Ong and Sheriff Rivera. However, as of the filing of the administrative complaint, Basiya-Saratan had taken no action.

The Office of the Court Administrator (OCA) evaluated the complaint and found Basiya-Saratan to have been remiss in her duties as Clerk of Court, violating Section 1, Canon IV of the Code of Conduct for Court Personnel. The OCA highlighted her failure to issue the Alias Writs of Execution as directed by the RTC and her failure to comment on the allegations. It was also noted that this was not her first offense. In a previous complaint, she had been reprimanded for failing to issue a certification on time. The OCA recommended her suspension from service for six months and one day without pay.

The Supreme Court agreed with the OCA’s recommendation, emphasizing the importance of diligence in the performance of official duties by court personnel. Section 1, Canon IV of the Code of Conduct for Court Personnel states that court personnel must perform their duties properly and diligently at all times. The Court underscored that Clerks of Court are responsible for the speedy and efficient service of court processes and writs, making their role crucial in ensuring the timely administration of justice.

The Supreme Court referenced jurisprudence in its decision, stating that court personnel are expected to possess a high degree of discipline and efficiency in the performance of their functions to help ensure that the cause of justice is done without delay. Citing Escobar Vda. de Lopez v. Luna, the Court reiterated that clerks of court are primarily responsible for the speedy and efficient service of all court processes and writs.

The Court held that Basiya-Saratan was duty-bound to use reasonable skill and diligence in performing her duties as clerk of court. Her failure to issue the alias writs of execution, despite multiple orders from the RTC, constituted a breach of this duty, warranting administrative sanctions. Furthermore, her failure to file a comment on the complaint was seen as a disregard of her duty to obey the orders and processes of the Court, implying an admission of the charges.

The Supreme Court classified Basiya-Saratan’s actions as a refusal to perform official duty, a grave offense under Section 52(A)(18) of the Revised Uniform Rules on Administrative Cases in the Civil Service. The penalty for such an offense is suspension for six months and one day to one year for the first offense and dismissal for the second offense. Consequently, the Court found her guilty and ordered her suspension from office for six months and one day without pay, effective immediately upon receipt of the resolution.

The Supreme Court’s decision in this case underscores the importance of efficiency and diligence in the performance of duties by court personnel. The failure to promptly execute court orders can undermine the integrity of the judicial system and erode public trust. This case serves as a reminder to all court employees that they are expected to perform their duties with the utmost diligence and professionalism.

FAQs

What was the key issue in this case?	The key issue was whether the Clerk of Court’s failure to issue Alias Writs of Execution, despite repeated orders from the RTC, constituted a dereliction of duty warranting disciplinary action.
What was the ruling of the Supreme Court?	The Supreme Court found the Clerk of Court guilty of refusal to perform official duty and suspended her from office for six months and one day without pay.
What is an Alias Writ of Execution?	An Alias Writ of Execution is a subsequent writ issued to enforce a judgment when the initial writ has expired or been returned unsatisfied. It allows the sheriff to continue efforts to collect the judgment amount.
What is the significance of Canon IV of the Code of Conduct for Court Personnel?	Canon IV emphasizes the duty of court personnel to perform their official duties properly and with diligence at all times. This ensures the efficient administration of justice and public trust in the judiciary.
What constitutes refusal to perform official duty?	Refusal to perform official duty involves the intentional neglect or failure to carry out one’s assigned responsibilities and tasks within the scope of their employment or position.
What penalty can be imposed for refusal to perform official duty?	Under the Revised Uniform Rules on Administrative Cases in the Civil Service, the penalty for refusal to perform official duty ranges from suspension to dismissal, depending on the gravity and frequency of the offense.
Why is the Clerk of Court held to a high standard of diligence?	The Clerk of Court is responsible for maintaining court records, issuing processes, and ensuring the smooth operation of the court, making diligence essential for the efficient administration of justice.
What was the OCA’s recommendation in this case?	The OCA recommended that the Clerk of Court be suspended from service for six months and one day without pay due to her failure to perform her duties diligently.

This case serves as a crucial reminder of the responsibilities and duties of court personnel in ensuring the efficient administration of justice. The Supreme Court’s decision reinforces the importance of diligence and prompt action in fulfilling court orders, highlighting the judiciary’s commitment to upholding public trust and confidence in the legal system.

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: MARIANO T. ONG VS. EVA G. BASIYA-SARATAN, G.R. No. 55442, January 07, 2013