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[A.M. No. 03-7-404-RTC. November 24, 2004]

LETTER OF JUDGE DE ALBAN

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated NOV 24 2004 .

Adm. Matter No. 03-7-404-RTC (Letter of Judge Isaac R. de Alban, RTC-Br.16, Ilagan, Isabela, Regarding Cases/Motions Left Undecided/Unresolved By Retired Judge Alfredo Vergara .)

R E S O L U T I O N

In the Court's Resolution dated May 19, 2004, the Court deferred action on Judge Isaac R. de Alban's letter dated December 11, 2003, requesting for a ninety-day extension of time to dispose of the cases he inherited from Judge Vergara, who compulsorily retired on April 19, 2003, until his submission of a list of (a) the motions/cases submitted for resolution/decision which he inherited and the dates when they were submitted for resolution/decision; (b) the dates when they were resolved/decided together with copies thereof; and (c) the motions/cases which remain unresolved/undecided.

Pending submission of the required list, Judge de Alban sent a letter dated June 1, 2004, again requesting for another ninety-day extension of time to resolve all pending cases for decision. On July 28, 2004 the Court issued a Resolution deferring action on Judge de Alban's letter dated June 1, 2004, pending his compliance with the Resolution dated May 19, 2004.

Subsequently, the Court received Judge de Alban's letter dated July 22, 2004 with the attached list of (a) cases included in the judicial audit where all pending motions or incidents were already resolved; (b) cases submitted for decision which were inherited from Judge Alfredo Vergara which were not yet resolved/decided; and (c) cases not yet submitted for decision or resolution. He also requested for a period of ninety days from July 22, 2004 within which to resolve/decide subject cases. Hereunder is the list of cases inherited from Judge Vergara which were not yet resolved/ decided:

CRIMINAL CASES:

1.� 22-1069, PP vs. WALTER DAMAGAN, et al. for Frustrated Murder, Date Submitted for Decision: 08-07-02.

..

3.� 22-1198, PP vs. ANDRES ANGUI for Murder, Date submitted for Decision: 02-29-02.

4.� 22-1201, PP vs. PRIMO TELAN, et al. for Rape, Date submitted for Decision: 10-02-01.

5.� 22-1202, PP vs. PRIMO TELAN et al. for Rape, Date submitted for Decision: 10-02-01.

6.� 22-1226, PP vs. SONNY BOY BAQUIRAN, et al. for Robbery, Date submitted for Decision: 05-09-00.

7. 22-1250, PP vs. ROGELIO TAGAO for Frustrated Murder, Date submitted for Decision: 05-09-00.

8.� 22-1260, PP vs. PASTOR ANDRADA for Homicide, Date submitted for Decision: 09-26-01.

9.� 22-1269, PP vs. RICO AGUSTIN, et al. for Frustrated Homicide, Date submitted for Decision: 01-16-02.

10. 22-1671, PP vs. LEUMAR ABUGAN, et al. for Grave Threats (Appeal), Date submitted for Decision: 06-04-02.

CIVIL CASES:

1.� Civil Case No. 84, COLETO vs. SANTIAGO for Recovery of Possession w/ Prel. Inj. & Damages, Date Submitted for Decision: 11-28-90.

2.� Civil Case No. 129, AGLUPUZ vs. RODRIGUEZ for Recovery of Possession, Ownership & Damages, Date submitted for Decision: 08-22-89.

3.� Civil Case No. 289, PAGUIGAN vs. ALLAUIGAN for Quiet(sic) of Title to Land w/ Damages, Date submitted for Decision: 12-01-90.

4.� Civil Case No. 315, LUGO vs. CAYABA for Quieting of Title, Date submitted for Decision: 12-14-94.

5.� Civil Case No. 603, LAGUINDAY vs. TUMALIUAN for Quieting of Title, Partition & Damages, Date submitted for Decision: 11-04-90.

6.� Civil Case No. 740, BRGY. LALAUANAN rep. by its Punong Barangay vs. Sps. BARTOLOME, Date submitted for Decision: 09-10-98.

7.� Civil Case No. 776, HRS. OF EMITERIO MALAZZAB vs. TAGUBA for Cancellation of TCT No. T-248321, Date submitted for Decision: 09-15-03.

8.� Civil Case No. 2267, MANUS vs. COLETO for Annulment of Deed of Sale & Damages, Date submitted for Decision: 11-28-90.

9.� Civil Case No. 849, VALDEPE�AS vs. BERNAGA for Possession & Damages, Date submitted for Decision: 04-20-04.

10. Civil Case No. 223, REPUBLIC vs. TALAUE for Expropriation, Date submitted for Decision: 10-23-01.

11. Civil Case No. 863, SPS. BACCAY vs. ESTELITA BACCAY for Cancellation of Titles, Date submitted for Decision: 12-20-01.

12. Civil Case No. 919, HRS. OF ANTONIO CANCERAN vs. MALLANAO for Specific Performance, Reconveyance & Damages, Date submitted for Decision: 06-22-02.

13. Civil Case No. 972, LALANTAN, et al. vs. SPS. ALAYON for Specific Performance, Damages, w/ Writ of PMI, Date submitted for Decision: 07-06-02.

Considering that Judge de Alban merely inherited the foregoing cases from Judge Vergara and also his work load as Executive Judge of the Regional Trial Court of Ilagan, Isabela and as pairing judge of Branch 18 thereof, it is understandable that Judge de Alban would need more time to resolve/decide the foregoing cases.

ACCORDINGLY, Judge Isaac R. de Alban's request for an extension of time of ninety (90) days from July 22, 2004 within which to decide/resolve the foregoing cases is hereby GRANTED. Since said ninety-day period expired on October 20, 2004, Judge de Alban is hereby DIRECTED to submit to the Court, through the Office of the Court Administrator, copies of the Decisions/Resolutions in the cases listed above, within ten (10) days from receipt hereof.

SO ORDERED.

Very truly yours,

LUDICHI YASAY-NUNAG
Clerk of Court

(Sgd.) MA. LUISA L. LAUREA

Asst. Clerk of Court


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