2006 Res No 37 - mtcc vacant position presiding judge

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON MARCH 15, 2006 AT THE CITY HALL.

PRESENT:

Hon. Rolen C. Paulino - - - - - - - - - - - - - - City Vice Mayor & Presiding Officer
Hon. Noel Y. Atienza- - - - - - - - - - - - - - - City Councilor
Hon. Cynthia G. Cajudo - - - - - - - - - - - - - “ “
Hon. John Carlos G. delos Reyes- - - - - - “ “
Hon. Bella P. Asuncion - - - - - - - - - - - - - - “ “
Hon. Marey Beth D. Marzan- - - - - - - - - - - “ “
Hon. Angelina B. Andrada - - - - - - - - - - - - “ “
Hon. Anselmo A. Aquino - - - - - - - - - - - - - “ “
Hon. Edwin J. Piano- - - - - - - - - - - - - - - - - “ “
Hon. Gina G. Perez - - - - - - - - - - - - - - - - - “ “
Hon. Napoleon F. Capistrano- - - - - - - - - - - President, Liga ng mga Barangay
Hon. Robine Rose C. Buenafe - - - - - - - - - - SK Federation President

ABSENT:

Hon. Brian Patrick H. Gordon - - - - - - - - - - City Councilor


RESOLUTION NO. 37
(Series of 2006)

A RESOLUTION REQUESTING HER EXCELLENCY GLORIA MACAPAGAL-ARROYO, PRESIDENT OF THE REPUBLIC OF THE PHILIPPINES THROUGH THE JUDICIAL AND BAR COUNCIL TO FILL IN THE VACANT POSITION OF PRESIDING JUDGE AT THE MUNICIPAL TRIAL COURT IN CITIES (MTCC) BRANCH 4, OLONGAPO CITY


WHEREAS, Section 9, Article VIII of the 1987 Constitution provides for the process of appointment in the judiciary to wit:

“The members of the Supreme Court and judges of the lower courts shall be appointed by the President from a list of at least three nominees prepared by the Judicial and Bar Council for every vacancy. Such appointments need no confirmation.”

For the lower courts, the President shall issue the appointment within ninety days from submission of the list”;

WHEREAS, there are five (5) branches of Municipal Trial Court in Cities in Olongapo City (MTCC Branch 1 to 5);

WHEREAS, out of the five branches, MTCC Branch IV has no permanent presiding judge to hear, try and decide cases pending before it;

WHEREAS, data will reveal that as early as January 2003 up to December 2005 the total number of cases filed are as follows:

“Criminal Cases 3,344 cases”
“Civil Cases 626 cases”
“MTCC Brgy. Cases 31 cases”;


Con’t. of Resolution No. 37, Series of 2006.

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WHEREAS, the cases of our court litigants pending before MTCC Branch IV Olongapo City has dragged for quite some time for lack of presiding judge or has been rendered moot and academic for delay in the resolution thereof;

WHEREAS, many of the court litigants are detention prioners who are likewise entitled to have speedy, impartial and public trial;

WHEREAS, adherence to the doctrine “justice delay justice deny” shall be recognized taking into account the continuous failure to administer justice;

NOW, THEREFORE, upon motion of Councilor Noel Y. Atienza with the unanimous accord of the Members of the Sangguniang Panlungsod present;

RESOLVED, AS IT IS HEREBY RESOLVED, by the Members of the Sangguniang Panlungsod in session assembled, to request as it is hereby requests, Her Excellency Gloria Macapagal-Arroyo, President Of The Republic Of The Philippines Through The Judicial And Bar Council To Fill In The Vacant Position Of Presiding Judge At The Municipal Trial Court In Cities (MTCC) Branch 4, Olongapo City.

RESOLVED FURTHER, AS IT IS HEREBY FURTHER RESOLVED, that copies of the letter of Alexander C. Rimando, Clerk of Court IV, Office of the Clerk of Court, MTCC, Third Judicial Region, Olongapo City dated February 15, 2006 and letter of Atty. Alreuela M. Bundang-Ortiz, President, Integrated Bar of the Philippines, Zambales Chapter dated March 15, 2006 be made as integral parts of this Resolution.

Let copies of the foregoing resolution be furnished the Office of the President, the Judicial and Bar Council and the Supreme Court of the Philippines.

APPROVED UNANIMOUSLY, March 15, 2006.


ROLEN C. PAULINO
City Vice Mayor & Presiding Officer


NOEL Y. ATIENZA CYNTHIA G. CAJUDO
City Councilor City Councilor



JOHN CARLOS G. DELOS REYES BELLA P. ASUNCION
City Councilor City Councilor


MAREY BETH D. MARZAN ANGELINA B. ANDRADA
City Councilor City Councilor

BRIAN PATRICK H. GORDON ANSELMO A. AQUINO
City Councilor City Councilor
(Absent)


EDWIN J. PIANO GINA G. PEREZ
City Councilor City Councilor


Con’t. of Resolution No. 37, Series of 2006.

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NAPOLEON F. CAPISTRANO ROBINE ROSE C. BUENAFE
President, Liga ng mga Barangay SK Federation President

ATTEST:

ELFLIDA S. SALMON
Council Secretary

APPROVED BY HIS HONOR, THE CITY M AYOR ON______________________.


JAMES GORDON, JR.
City Mayor
ATTEST:

DELFIN A. JUICO, JR.
Secretary to the City Mayor