RE: COMPLAINT OF AERO ENGR.

Re: Complaint of Aero Engr. Darwin A. Reci Against Court Administrator Jose Midas P. Marquez and Deputy Court Administrator Thelma C. Bahia Relative to Criminal Case No. 05-236956

Case No. 05-236956

A.M. No. 17-01-04-SC

February 7, 2017

FACTS:

Complainant is the older brother of PO2 Dennis Azuela Reci, the accused in Criminal Case No. 05-236956 for the crime of Qualified Trafficking in Persons with the Regional Trial Court and presided by Judge Amelia Tria Infante. In the said case, PO2 Reci was convicted and, his counsel filed a Notice of Appeal before the RTC.

According to complainant, he discovered that after three (3) long years from the filing of said notice, the transmittal and records of the case was made. He further alleges that there were no penalties imposed upon the clerk of court and the court stenographer of the RTC for their act of incompetence. So, he filed a complaint accusing CA Marquez and DCA Bahia of Gross Negligence and Dereliction of Duty "for failing to monitor the gross incompetence in the transmittal of the records of the mentioned criminal case to the Court of Appeals in due time. Complainant insists that both officials involved were equally responsible for the delay and should also be held administratively liable.

ISSUE:

Whether CA Marquez and DCA Bahia should be held administratively liable for Gross Negligence and Dereliction of Duty.

HELD:

No. Dereliction of duty may be classified as gross or simple neglect of duty or negligence, which "refers to negligence characterized by acting or omitting to act in a situation where there is a duty to act, and denotes a flagrant and culpable refusal or unwillingness of a person to perform a duty. In cases involving public officials, gross negligence occurs when a breach of duty is flagrant and palpable.

The present case, it is clear that aside from his bare allegations, complainant has not shown any prima facie evidence to support his claim that CA Marquez and DCA Bahia should be held equally liable for the delay in the transmittal of the case records of Criminal Case No. 05-236956 to the Court of Appeals in due time. Absent any proof to the contrary, CA Marquez and DCA Bahia are presumed to have regularly performed their duties, and consequently, the complaint against them ought to be dismissed for lack of merit.