Hereunder are the material, relevant and pertinent facts of the case:

On September 10, 2012, Mr. Renato M. Sister, Chief of the Archives Section JRD, sent a
letter to Atty. Alma B. Operio, 15th Division Clerk of Court, regarding the Manifestation and
Motion for Execution in CA-GR SP No. 86293 Apolonio S. Federico vs. Ma. Softina Paglinawan.
The case was decided June 16, 2006 and was issued Entry of Judgment by the Supreme Court on
July 18, 2007. Atty. Crispo O. Borja, Jr. filed a Manifestation and Motion for Execution on July
15, 2011 which was noted by this honorable court.

On September 30, 2011, another Manifestation and Motion for Execution was filed by this
Honorable Court praying for the issuance of an order for disciplinary action against DARAB for
its refusal to implement the decision of the court dated June 16, 2006. On the same letter, Mr.
Sister noted that the said Manifestation and Motion was only given to him on September 10, 2012,
whereas the said motion was filed on September 30, 2011; prompting him to issue a memorandum
to Mr. Ronnie Inacay to explain the belated reporting of the subject motion.

On September 19, 2012, a Memorandum was issued by Atty. Teresita R. Marigomen, Clerk
of Court, to Mr. Ruel Combate and Mr. Noel Santos, from the Archives Section and Office of
Justice Pizarro respectively, to explain their failure to report to their superior the Manifestation
and Motion filed by Atty. Borja, Jr. dated July 15, 2011 and failure to inventory the pleadings
which caused the delay on the latter Manifestation and Motion.

On September 19, 2012, Mr. Noel Santos submitted his explanation in compliance with the
Memorandum issued to him. Mr. Santos in his defense said he received the Manifestation and
Motion on July 22, 2011, which he immediately forwarded on the same day to the Special Unit of
the Archives Section and was received by Ms. Jenny Aguilar, former Clerk II of the Special Unit
Archives Section.

On September 21, 2012, In line with the explanation made by Mr. Noel Santos, a
memorandum was issued to Ms. Jenny Aguilar regarding her involvement on the delay and/or non
transmission of the Manifestation and Motion filed on July 15, 2011.

On September 24, 2012, Ms. Jenny Aguilar submitted her explanation in compliance with
the Memorandum issued to her. That on July 22, 2011 she received several pleadings from Mr.
Noel Santos, one of the which contains the Manifestation and Motion filed on July 15, 2011. Upon
her receipt of the said pleadings she immediately reported it to Mr. Sister.

On September 24, 2012, Mr. Ruel Combate submitted his explanation in compliance with
the Memorandum issued to him. That on July 24, 2012, while Mr. Combate is pulling out rollos
in the storeroom to attach received pleadings, he saw pile of papers under the table of Mr. Noel
Santos, prompting him to report it to his superior, Mr. Ronnie Inacay. He learns thereafter that one
of the papers he saw and reported contains the Manifestation and Motion filed by Atty. Borja on
September 30, 2011.
 On November 29, 2013, a Memorandum was then issued to Mr. Noel Santos, Mr. Ruel
Combate, Ms. Jenny Aguilar, and Mr. Renato M. Sister for Preliminary Investigation for the
determination of Probable Cause in connection with the delayed reporting of the Manifestation
and Motion dated July 15, 2011 CA-GR No. 86923 Apolonio S. Federico vs. Ma. Softina
Paglinawan.

On December 19, 2013, hearing was conducted by Atty. Virginia C. Abella the
investigating officer. Mr. Sister manifested that the focus of the Investigation should be the
Manifestation filed by Atty. Borja, Jr. dated September 30, 2011 and not the manifestation and
motion dated July 10, 2011. Wherein it was the former motion which is the subject of the inter-
office memorandum he issued to Mr. Inacay and the subject of his report to Atty. Operio.