[A.M. No. P-10-2794 (formerly A.M. OCA I.P.I. No. 08-2937-P) : June 01, 2011]
DANELLA G. SONIDO, COMPLAINANT, VS. JOSEFINA G. ILOCSO, CLERK III, REGIONAL TRIAL COURT, BRANCH 80, MORONG, RIZAL, RESPONDENT.
D E C I S I O N
BRION, J.:
We resolve the present administrative matter which arose from the affidavit-complaint filed, on September 5, 2008, 1 by Danella G. Sonido (Sonido), charging Clerk III Josefina G. Ilocso, Regional Trial Court, Branch 80, Morong, Rizal (Branch 80), with Obstruction of Justice and Grave Misconduct.
The Factual Background
Sonido is the mother of Nathalie Mae G. Sonido who filed with the Rizal Prosecution Office a complaint against one Kristel Ann S. Asebo for violation of Republic Act (R.A.) No. 9262, the Anti-Violence Against Women and Their Children Act of 2004, in Criminal Case No. 08-7977.
In a resolution dated December 19, 2006, 2 the Rizal Prosecution Office recommended the filing of an information against Kristel for violation of Section 5, par. 1, R.A. No. 9262. The information states:
Sonido received a copy of the resolution on January 28, 2008. 4 The following day, January 29, 2008, 5 she went to the Metropolitan Trial Court in Morong, Rizal, to inquire about the status of the case. She was told that the case had been raffled to Branch 80. When she asked whom she should talk to about the case at Branch 80, she was advised to see Ilocso or Ka Pining, which she did. Ilocso then told Sonido that she would prepare the warrant of arrest. She advised Sonido to return the following day to get a copy of the warrant. Sonido returned the next day and several more times thereafter, but Ilocso consistently failed to give her a copy of the warrant and instead gave excuses for her repeated failures.
Exasperated about the delay in the issuance of the warrant of arrest, Sonido confronted Ilocso about it. Ilocso allegedly assured Sonido that copies of the warrant had already been mailed to the proper authorities for implementation. Sonido claimed, however, that it was only on June 26, 2008 that Ilocso gave her a copy of the warrant with the remark, sige ipahuli mo na yan.
Sonido is the mother of Nathalie Mae G. Sonido who filed with the Rizal Prosecution Office a complaint against one Kristel Ann S. Asebo for violation of Republic Act (R.A.) No. 9262, the Anti-Violence Against Women and Their Children Act of 2004, in Criminal Case No. 08-7977.
In a resolution dated December 19, 2006, 2 the Rizal Prosecution Office recommended the filing of an information against Kristel for violation of Section 5, par. 1, R.A. No. 9262. The information states:
That on or about the 27th day of February, 2006, in the Municipality of Teresa, Province of Rizal, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, being then the former sweetheart of the complainant[,] Nathalie Mae G. Sonido, did then and there, willfully, unlawfully and feloniously show the videos of the complainant to other persons showing the sensitive parts of her body, thereby causing mental or emotional anguish, public ridicule or humiliation to one Nathalie Mae G. Sonido. 3
Sonido received a copy of the resolution on January 28, 2008. 4 The following day, January 29, 2008, 5 she went to the Metropolitan Trial Court in Morong, Rizal, to inquire about the status of the case. She was told that the case had been raffled to Branch 80. When she asked whom she should talk to about the case at Branch 80, she was advised to see Ilocso or Ka Pining, which she did. Ilocso then told Sonido that she would prepare the warrant of arrest. She advised Sonido to return the following day to get a copy of the warrant. Sonido returned the next day and several more times thereafter, but Ilocso consistently failed to give her a copy of the warrant and instead gave excuses for her repeated failures.
Exasperated about the delay in the issuance of the warrant of arrest, Sonido confronted Ilocso about it. Ilocso allegedly assured Sonido that copies of the warrant had already been mailed to the proper authorities for implementation. Sonido claimed, however, that it was only on June 26, 2008 that Ilocso gave her a copy of the warrant with the remark, sige ipahuli mo na yan.
