Tuesday, July 10, 2012

Canons 6 and 7 of the Canons of Judicial Ethics further exhort judges to be prompt and punctual in the disposition and resolution of cases and matters pending before their courts.

See - http://sc.judiciary.gov.ph/jurisprudence/2012/june2012/MTJ-11-1796.htm

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Section 15(1), Article VIII of the Constitution, mandates that cases or matters filed with the lower courts must be decided or resolved within three months from the date they are submitted for decision or resolution.  With respect to cases falling under the Rule on Summary Procedure, first level courts are only allowed 30 days following the receipt of the last affidavit and position paper, or the expiration of the period for filing the same, within which to render judgment. 

As a general principle, rules prescribing the time within which certain acts must be done, or certain proceedings taken, are considered absolutely indispensable to the prevention of needless delays and the orderly and speedy discharge of judicial business.  By their very nature, these rules are regarded as mandatory.[20]

Judges are oft-reminded of their duty to promptly act upon cases and matters pending before their courts.  Rule 3.05, Canon 3 of the Code of Judicial Conduct, directs judges to “dispose of the court’s business promptly and decide cases within the required periods.”  Canons 6 and 7 of the Canons of Judicial Ethics further exhort judges to be prompt and punctual in the disposition and resolution of cases and matters pending before their courts, to wit:

6. PROMPTNESS

He should be prompt in disposing of all matters submitted to him, remembering that justice delayed is often justice denied.

7. PUNCTUALITY

He should be punctual in the performance of his judicial duties, recognizing that the time of litigants, witnesses, and attorneys is of value and that if the judge is unpunctual in his habits, he sets a bad example to the bar and tends to create dissatisfaction with the administration of justice.


Administrative Circular No. 1 dated January 28, 1988 once more reminds all magistrates to observe scrupulously the periods prescribed in Section 15, Article VIII of the Constitution, and to act promptly on all motions and interlocutory matters pending before their courts. 

Prompt disposition of cases is attained basically through the efficiency and dedication to duty of judges.  If they do not possess those traits, delay in the disposition of cases is inevitable to the prejudice of litigants. Accordingly, judges should be imbued with a high sense of duty and responsibility in the discharge of their obligation to promptly administer justice.[21]

Unfortunately, respondent failed to live up to the exacting standards of duty and responsibility that her position requires.  Civil Case No. 20191 was submitted for resolution on July 19, 2006, yet it was still pending when complainant filed the present administrative complaint on June 4, 2010, and remained unresolved per complainant’s manifestation filed on September 8, 2010.  More than four years after being submitted for resolution, Civil Case No. 20191 was still awaiting decision by respondent. 

Respondent irrefragably failed to decide Civil Case No. 20191 within the 30-day period prescribed by the Revised Rule on Summary Procedure.  Her inaction in Civil Case No. 20191 is contrary to the rationale behind the Rule on Summary Procedure, which was precisely adopted to promote a more expeditious and inexpensive determination of cases, and to enforce the constitutional rights of litigants to the speedy disposition of cases.[22]  Indeed, respondent even failed to decide Civil Case No. 20191 within the three-month period mandated in general by the Constitution for lower courts to decide or resolve cases.  Records do not show that respondent made any previous attempt to report and request for extension of time to resolve Civil Case No. 20191.   

Section 9, Rule 140 of the Rules of Court, as amended by A.M. No. 01-8-10-SC, classifies undue delay in rendering a decision as a less serious charge for which the penalty is suspension from office without salary and other benefits for one month to three months, or a fine of P10,000.00 to P20,000.00.

The Court is well-aware of the previous administrative cases against respondent for failure to act with dispatch on cases and incidents pending before her.  In Del Mundo v. Gutierrez-Torres,[23]respondent was found guilty of gross inefficiency for undue delay in resolving the motion to dismiss Civil Case No. 18756, for which she was fined P20,000.00.  In Gonzalez v. Torres,[24] respondent was sanctioned for unreasonable delay in resolving the Demurrer to Evidence in Criminal Case No. 71984 and meted the penalty of a fine in the amount of P20,000.00.  In Plata v. Torres,[25]  respondent was finedP10,000.00 for undue delay in resolving the Motion to Withdraw Information in Criminal Case No. 6679, and another P10,000.00 for her repeated failure to comply with Court directives to file her comment on the administrative complaint against her.  In Winternitz v. Gutierrez-Torres,[26] the Court held respondent guilty of undue delay in acting upon the Motion to Withdraw Informations in Criminal Case Nos. 84382, 84383, and 84384, and suspended her from office without salary and other benefits for one month.  In Soluren v. Torres,[27] respondent was once again adjudged guilty of undue delay in acting upon repeated motions to withdraw the information in Criminal Case No. 100833 for which she was finedP20,000.00.  In Lugares v. Gutierrez-Torres,[28] promulgated on November 23, 2010, the Court already dismissed respondent from the service for gross inefficiency, gross ignorance of the law, dereliction of duty, and violation of the Code of Judicial Conduct, in relation to Civil Case Nos. 19887, 19063, 17765, and 18425; as well as for insubordination because she defied Court orders by failing to file her comment on the charges against her.  Finally, in Pancubila v. Torres,[29] the Court imposed another fine ofP20,000.00 upon respondent for undue delay in rendering a decision and violation of a directive in connection with Civil Case No. 20700.  In all the foregoing administrative cases, respondent was sternly warned that a repetition of the same or similar offense shall be dealt with more severely.  

Given that respondent had been previously dismissed from the service, the penalty of suspension is already inapplicable herein.  Instead, the Court imposes upon respondent, for her undue delay in resolving Civil Case No. 20191, a fine in the maximum amount of P20,000.00, to be deducted from her accrued leave credits.     
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