Professional Documents
Culture Documents
SC: Were it not for the fact that both ANSWER: Genabe submitted her
respondents, Judge Bartolome and explanation regarding the unfinished
Lerey, have retired on October 11, assigned case. She stated that she was
2006 and August 26, 2003, not able to complete the summary
respectively, the Court would have due to lack of transcript of
dismissed them from the service. stenographic notes (TSN). Genabe
added that she be absolved for humane
RULING: JUDGE NICASIO BARTOLOME considerations.
(RETIRED) GUILTY OF GROSS NEGLECT
OF DUTY FOR AND TO PAY P40,000.00)TO DISRESPECT. When Judge Maceda called a
BE DEDUCTED FROM HIS RETIREMENT staff meeting to discuss several matters in
BENEFITS; AND Clerk of Court Milagros the agenda, including the inter-office
Lerey (retired) GUILTY of GROSS
memorandum allegedly, even before the
NEGLECT OF DUTY P40,000.00 to be staff meeting, Genabe resented the
deducted from her retirement benefits. issuance of the memorandum and
became disrespectful to the court
staff, including the clerk of court. At
RE: ORDER BY JUDGE BONIFACIO v. the meeting, Genabe allegedly
GENABE continued her combative behavior in
total disregard of the presence of
FACTS: Judge Maceda. Judge Maceda ordered
Genabe to show cause why she should not
This administrative matter against Loida be cited in contempt by the court and why
M. Genabe (Genabe), Legal Researcher II she should not be administratively
of the RTC of Las Piñas City, stemmed sanctioned for conduct unbecoming,
from a Letter dated 22 December neglect of duty and misconduct.
2006 addressed to the OCA filed by
Judge Bonifacio Sanz Maceda (Judge REPLY: Genabe attributed the lack of
Maceda) of the same trial court. Judge stenographers, which was beyond her
Maceda attached his Order dated 21 control, as the cause of the delay in the
December 2006 suspending Genabe transcriptions of the minutes of the
meeting. As a counter-charge, Genabe a penalty, even for light offenses, rests
claimed that Judge Maceda disciplines his with the Supreme Court.
staff on a selective basis.
HELD:
When a fact-finding investigation whose
agenda is focused on the charges of After a careful review of the records of the
contempt, conduct unbecoming, among case, we find reasonable grounds to
others was conducted by Judge Maceda to hold both Genabe and Judge Maceda
all staff members, Genabe did not administratively liable.
appear despite notice. Later, she
appeared to say that she was waiving her SIMPLE NEGLECT OF DUTY. The Court
right to be present in the found Genabe guilty of simple neglect
investigation. THEN A SUSPENSION ORDER of duty. Simple neglect of duty has been
AGAINST HER WAS ISSUED. defined as the failure of an employee
to give attention to a task expected
SUSPENDED. In a Letter dated 22 of him and signifies a disregard of a
December 2006, Judge Maceda suspended duty resulting from carelessness or
Genabe for a period of 30 days, using as indifference. She was assigned to
authority the power given to appropriate summarize the testimonies of three
supervisory officials in disciplining defense witnesses for a criminal case set
personnel of their respective courts as for promulgation. The records reveal
provided in Article II, Section A(2)(a) of that Genabe was only able to
Circular No. 30-91. Genabe’s salary SUMMARIZE THE TSN OF ONE WITNESS
be withheld for the period 21 CONSISTING OF 46 PAGES AND FAILED TO
December 2006 to 20 January 2007. FINISH THE TSN OF THE OTHER TWO
WITNESSES CONSISTING OF 67
After 30 days, Genabe reported back to PAGES. Before leaving for Baguio, Genabe
work w/ return of salary. had three working days to complete the
task. However, the assignment
HOWEVER, Judge Maceda endorsed his remained unfinished. When such task
Investigation Report and was assigned to another court employee,
Recommendation to the OCA, EVEN it only took the other employee two and a
WITHOUT ANY DIRECTIVE FROM THE half hours to complete the TSN of the two
LATTER. The report mainly focused on witnesses.
the alleged unruly conduct of Genabe IDEM; PENALTY. As a first offense under
during the staff meeting. civil service law, we impose the penalty of
suspension without pay for a period
There was no action from OCA but when of one month and one day. [5] The
this was elevated to the SC, Judge Maceda suspension imposed upon Genabe under
reasoned: that there were other the Order dated 21 December 2006 shall
charges against Genabe, such as be considered as the penalty imposed.
“conduct unbecoming and grave
misconduct,” Thus, he endorsed the FOR THE JUDGE. The reliance of Judge
determination of such other charges to the Maceda on the provisions of this circular is
OCA, including whether the heavier misplaced. The decision by Judge Maceda
penalty of dismissal or replacement might was issued Nov. 2006, while a set of new
be warranted. guidelines was already in effect insofar as
Disciplinary actions involving light
OCA: Judge Mceda’s explanation was offenses are concerned. That is,
UNSATISFACTORY. Section 1, Chapter VIII of A.M.
No. 03-8-02-SC, which states among
The OCA added that it was clear from the others: In the preceding instances, the
Guidelines that Judge Maceda had no Executive Judge shall conduct the
authority to directly penalize a court necessary inquiry and submit to the
employee. As an Executive Judge, he only OCA the results thereof with a
had the right to act upon and investigate recommendation as to the action to
administrative complaints involving light be taken thereon, including the
offenses. The power to decide and impose penalty to be imposed, if any, within
thirty (30) days from termination of Dissenting Opinion.[12] Justice Bersamin
said inquiry. expressed his concurrence with the Report
of Justice Gonzales–Sison,[13] while Justice
NOTE: The guidelines clearly provide that Cruz expressed his concurrence with
the authority of judges to discipline erring respondent’s Dissenting Opinion.[14] WITH
court personnel, with light offenses, is THIS, THE DISSENTING OPINION BECAME
limited to conducting an inquiry only. THE MAJORITY OPINION OF SUCH SPECIAL
OCA will be the one to recommend on DIVISION.
what action should be taken.
Complainant then filed a Motion for
We hold that the penalty of fine in the Disqualification on the ground that he
amount of P12,000 is commensurate to filed this admin complaint against
Judge Maceda’s violation of A.M. No. 03-8- respondent. CA DENIED MOTION.
02-SC. PRESENT COMPLAINT: respondent
allegedly deliberately twisted the law and
RULING: GUILTY OF SIMPLE NEGLIGENCE. existing jurisprudence GROSS IGNORANCE
THE REMAINING 1 DAY SHALL BE IMPOSED OF LAW/GROSS INCOMPETENCE is now
UPON FINALITY OF DECISION AND being filed against respondent Associate
STERNLY WARNED; JUDGE WAS FINED Justice Juan Q. Enriquez, Jr.
P12K.
HELD:
SANTIAGO III v. J. ENRIQUEZ
The complaint is bereft of merit.
FACTS:
PROPER REMEDY: The remedy of the
Genaro Santiago III (complainant) filed aggrieved party is not to file an
against CA Justice Juan Q. Enriquez, Jr. administrative complaint against the
(respondent), for gross ignorance of the judge, but to elevate the assailed
law and jurisprudence and gross decision or order to the higher court
incompetence in connection with his for review and correction. AN
rendering of alleged unjust judgment ADMINISTRATIVE COMPLAINT IS NOT AN
in “Genaro C. Santiago III versus Republic APPROPRIATE REMEDY WHERE JUDICIAL
of the Philippines. RECOURSE IS STILL AVAILABLE, such as a
motion for reconsideration, an appeal,
Complainant filed a Petition for or a petition for certiorari, unless the
Reconstitution of Lost/Destroyed assailed order or decision is tainted with
Original Certificate of Title No. 56, fraud, malice, or dishonesty…
registered in the name of Pantaleona
Santiago and Blas Fajardo. Quezon City The Court has to be shown acts or
RTC granted the petition but People conduct of the judge clearly
appealed to CA. indicative of the arbitrariness or
prejudice before the latter can be
DISSENT. J. Gonzales Sison submitted her branded the stigma of being biased
report which was used as basis for the and partial. Thus, unless he is shown
Division’s consultation and deliberation. to have acted in bad faith or with
Respondent dissent from the report deliberate intent to do an injustice, …
(NOTE: Respondent justice was the The failure to interpret the law or to
Chairperson in this div.) Justice Veloso, properly appreciate the evidence
who originally concurred in the Report, presented does not necessarily render a
requested Justice Gonzales-Sison, by judge administratively liable.
letter to TAKE A SECOND LOOK AT
NOTE: Assuming arguendo that
RESPONDENT’S DISSENTING OPINION, as
“the reasons [Justice Enriquez] gave respondent’s citation of cases in support
of the Decision and his appreciation of the
are strong enough to be ignored by
plain technicality.” facts and evidence were erroneous, since
there is no showing that the Decision,
However, Justice Veloso soon expressed reconsideration of which was still
pending at the time the present
his concurrence with respondent’s
complaint was filed, is tainted with
fraud, malice or dishonesty or was Antecedents from Guy v. Court of Appeal:
rendered with deliberate intent to
cause injustice, the complaint must Herein complainant Smartnet’s
be dismissed. representative Gilbert is the son of the
spouses Francisco and Simny Guy. The
JUDICIAL IMMUNITY. Insulates judges, spouses organized Northern Islands
and even Justices of superior courts, from Co., Inc. (NICI) which is engaged in
being held to account criminally, the manufacture, distribution, and
civilly or administratively for an sale of various home appliances
erroneous decision rendered in good bearing the “3-D” trademark.
faith.[25] To hold otherwise would render
judicial office untenable. No one called The spouses also organized Lincoln
upon to try the facts or interpret the law in Continental Development Corporation, Inc.
the process of administering justice could (Lincoln Continental) as a holding
be infallible in his judgment.[26] company of 50% of the 20,160 shares of
stock of NICI in trust for their three
Alzua and Arnalot v. Johnson- This concept daughters Geraldine, Gladys and Grace-
of judicial immunity rests upon sisters of Gilbert.
consideration of public policy, its purpose
being to preserve the integrity and Finding that their son Gilbert had been
independence of the judiciary. This dissipating the assets of Lincoln
principle is of universal application and Continental, the Sps. Guy caused the
applies to all grades of judicial officers registration of 50% of the 20,160 shares of
from the highest judge of the nation and stock of NICI in the names of their three
to the lowest officer who sits as a court. daughters, thus enabling the latter to
assume an active role in the management
NOTE: the filing of charges against a of NICI.
single member of a division of the
appellate court is inappropriate. The Lincoln Continental filed a complaint
Decision was not rendered by respondent at the Regional Trial Court (RTC) of
in his individual capacity. It was a product Manila against NICI and Gilbert’s
of the consultations and deliberations by parents-the spouses Guy and three
the Special Division of five. sisters (hereafter the Guy family),
for annulment of the transfer of the 50%
CA is a collegiate court whose members NICI shares of stock to Gilbert’s
reach their conclusions in consultation and sisters. The complaint, prayed for, among
accordingly render their collective other things, the restoration of the
judgment after due deliberation management of NICI to Gilbert, and
the issuance of a Temporary
RULING: DISMISSED.
Restraining Order (TRO) and a writ of
preliminary mandatory injunction to
prohibit Gilbert’s sisters from
3D INDUSTRIES v. J. ROXAS exercising any right of ownership
over the questioned shares.
FACTS:
Lincoln Continental later filed a Motion
The verified May 13, 2005 to Inhibit the Presiding Judge of RTC
Complaint[1] with enclosures of 3-D Manila to which its complaint was raffled
Industries, Inc. (3-D), and Smartnet on the ground of partiality. The Motion
Philippines, Inc. (Smartnet) represented by was granted and the case was re-raffled to
Gilbert Guy (Gilbert), against CA Associate Branch 46 of the same court.
Justices Juan Q. Enriquez, Jr. and Vicente
Q. Roxas, for violation of Section 3(e) of NICI and Guy family challenged the
the Anti-Graft and Corrupt Practices inhibition of the Presiding Judge of Branch
Act[2] (R.A. 3019, as amended) relative 24 via Certiorari and Mandamus before
to the admission, by the Eighth Division of the CA in which they prayed for, among
the CA, of which said Justices were other things, the issuance of an order
members.
restraining the Presiding Judge of Branch bad faith, or gross inexcusable
46 from further hearing. negligence in the discharge of their
judicial functions in violation of
RTC: In favor of Lincoln (Gilbert will be Section 3(e) of the Anti-Graft and
return to the mgt) Corrupt Practices Act.[9]
NICI filed a petition for certiorari praying Finally, complainants allege that the
for the nullification of said decision. Divisions in which respondents were
sitting had mutated into a “judicial
On the other hand, herein Smartnet, one vending machine,” regularly dispensing
of the occupants of the NICI premises, TROs and injunctions at an “impressive
filed on December 16, 2004 with the maximum” of five days from the filing of
Metropolitan Trial Court (MeTC) of Quezon the pleadings by the petitioners.[12]
City a complaint for forcible Complainants add that the appellate
entry against NICI and the Guy family, court’s Eighth Division acted with undue
haste in precipitately admitting the
Gilbert later filed a complaint for two Supplemental Petitions
replevin on behalf of 3-D, before the RTC for Certiorari on the basis of the bare
of Pasig City. The complaint was given and unsubstantiated allegation that
due course RTC Pasig which issued on Gilbert was using herein complainants as
January 18, 2005 a writ of replevin in his alter egos to wrest control and
favor of 3-D, prompting the NICI and possession of the assets and properties of
the Guy family to file on January 20, NICI.
2005 before the CA-Eighth Division
a Supplemental Petition for Certiorari NOTE:. It bears noting that the
with Urgent Motion for a Writ of complaint was indorsed by the Office of
Preliminary Injunction to Include the Ombudsman to this Court specifically
Supervening Events. The Supplemental for a determination of whether
Petition[5] impleaded as additional respondents acted within their duties,
respondents herein complainant 3-D, pursuant to Fuentes v. Office of the
Judges Celso D. Laviña, Presiding Judge, Ombudsman-Mindanao
RTC, Branch 71, Pasig City and Sheriff
Cresencio Rabello, Jr., alleging that Gilbert, 2 WAYS BY WHICH RA 3019 MAY
in an attempt to circumvent the TROs and VIOLATED: There are two ways by which
injunctive writ issued by the CA-Eighth Section 3(e), R.A. No. 3019 may be
Division, allowed himself to be used by 3- violated,[16] viz: 1) by giving undue
D by filing, on its behalf, a complaint for injury to any party, including the
replevin. Government, 2) by causing any
private party any unwarranted
The appellate court’s Eighth Division benefit, advantage or
issued the questioned preference. These acts must be
Resolution admitting the Supplemental committed with manifest partiality,
Petition for Certiorari. evident bad faith, or gross and
inexcusable negligence.
In the present administrative complaint,
complainants allege that in issuing the MANIFEST PARTIALITY- a clear,
assailed Resolutions dated January 24, notorious or plain inclination or
2005 and April 26, 2005 (restrained the predilection to favor one side rather than
additionally impleaded respondents the other. BAD FAITH connotes not only
including Smartnet from disturbing the bad judgment or negligence, but also a
December 22, 2004 writ of preliminary dishonest purpose, a conscious
injunction), respondents caused undue wrongdoing, or a breach of duty
injury to them by, among other amounting to fraud. GROSS
things, giving the petitioners (NICI NEGLIGENCE is the want of even slight
and the Guy Family) in the new care, acting or omitting to act in a
petition for Certiorari unwarranted situation where there is a duty to act, not
benefits, advantage or preference inadvertently but willfully and
through manifest partiality, evident intentionally, with a conscious indifference
to consequences as far as other persons gross negligence, and violation of the
are concerned. Code of Judicial Conduct.
NOTE: That the assailed Resolutions In Misc. No. 2820, she claimed that in the
issued by respondents favored NICI and Order dated August 18, 2006, respondent
the Guy family does not necessarily render granted the motion for execution of the
respondents guilty of violation of Section prevailing party by counting the five
3(e) of R.A. No. 3019, absent proven year period provided in Section 6 of
particular acts of manifest, evident bad Rule 39 from the counsel’s receipt of
faith or gross inexcusable negligence, the Entry of Judgment. Complainant
good faith and regularity being generally averred that Rule 39 expressly provides
presumed in the performance of official that the five year period is reckoned from
duties by public officers. the date of entry of judgment; and not
That is why administrative complaints from the date of receipt by counsel;
against judges must always be that jurisprudence is replete with rulings
examined with a discriminating eye that a final judgment ceases to be
for its consequential effects are, by enforceable after that period, but merely
their nature, highly penal, such that gives the prevailing party a right of action
they stand to face the sanction of to have the same revived. Hence,
dismissal and/or disbarment. Subject respondent should be disciplined for gross
order or actuation of the judge in the ignorance of the law and violation of Rule
performance of his official duties MUST 3.02[1] Canon 3 of the Code of Judicial
NOT ONLY BE CONTRARY TO EXISTING Conduct.
LAW AND JURISPRUDENCE BUT, MORE [2]
IMPORTANTLY, MUST BE ATTENDED BY BAD Complainant averred that respondent’s
FAITH, FRAUD, DISHONESTY OR conduct was contrary to the provisions on
CORRUPTION.[23] plea bargaining in Section 2 of Rule 116,
Rules on Criminal Procedure[5] and
NOTE: Since the impleading of additional Sections 2 and 3 of R.A. No. 8493, [6] and
parties, on motion of any party or motu Supreme Court Circular No. 38-98. [7] She
proprio at any stage of the action and/or argued that it was unclear whether the
such times as are just is allowed,[24] the offended party consented and whether the
Court finds that respondents’ participation prosecutor has proper authority to enter
in the admission of the supplemental into such agreement; and that plea
petitions impleading complainants DOES bargaining is limited to a plea to a lesser
NOT RENDER THEM LIABLE. – (mere offense which is necessarily included in
allegation that a corporation is the alter the offense charged.[8]
ego of the individual stockholders is
insufficient,” NOT EVERY MISTAKE WILL In Misc. No. 2824, complainant alleged
that the validity and propriety of the plea
RENDER JUDGE LIABLE.)
entitled “People v. Dumpit” and the
dismissal of one case as a consequence
RULING: DISMISSED.
thereof are questionable. Respondent
approved the plea bargaining agreement
OCAMPO v. JUDGE CHUA (at the back) entered into by the prosecution and the
accused[9] and dismissed Crim. Case No.
5760-2K and Crim. Case No. 5762-2K as a
consequence of plea bargaining. Upon
ATTY. DESCALLAR v. JUDGE RAMAS
arraignment,[10] accused pleaded guilty to
the sale of shabu. Thereafter, respondent
FACTS:
issued a Decision[11] finding the accused
guilty of selling shabu in Crim. Case No.
Atty. Norlinda R. Amante-Descallar, Clerk
of Court, Regional Trial Court of Pagadian 5761-2K. The next day, the accused
applied for probation and was released on
City, Branch 18, filed seven administrative
complaints against respondent Judge recognizance.[12]
Reinerio Abraham B. Ramas, of the same In Misc. No. 2860, complainant
court, for gross ignorance of the law,
alleged that on the strength of Search
Warrant No. 87-04,[18] the accused in
Criminal Case No. 7235-2K4 was arrested administrative liability may be said to
after a search conducted in his have opened, or closed.
residence. After arraignment, accused
filed a Motion to Quash the Search Law and logic decree that “administrative”
Warrant and Suppress or criminal remedies are neither
Evidence. However, the prayer[19] in said alternative nor cumulative to judicial
motion inadvertently asked for the review where such review is available, and
quashal of another search warrant issued must wait on the result thereof. WHY?
in another case. respondent exhibited Since judges must be free to judge,
gross ignorance in issuing Search Warrant without pressure or influence from
87-04 and thereafter invalidating the external forces or factors, they should
same for failing to comply with the not be subject to intimidation, the
requisites of a Search Warrant; and that fear of civil, criminal or
respondent issued several search warrants administrative sanctions for acts they
beyond the territorial jurisdiction of his may do and dispositions they may
court which were eventually invalidated make in the performance of their
thereby putting the efforts of the arresting duties and functions.
officers to naught.
In Misc. No. 2820, the Court agrees with
ISSUE: Whether respondent judge is the OCA that the ruling of the
administratively liable for the alleged respondent as to the interpretation of
erroneous rulings and issuances made by Section 6, Rule 39 of the Rules of
him in the exercise of his judicial Court does not automatically subject
functions? him to administrative liability for
gross ignorance of the law. WHY? (1)
HELD: There is no showing that parties to
the case have exhausted judicial
ELEMENTARY RULE: not every error or remedies against the alleged
mistake that a judge commits in the erroneous ruling- the parties still have
performance of his duties renders him available remedies to contest said ruling.
liable, unless he is shown to have acted in
bad faith or with deliberate intent to do an An administrative complaint is NOT AN
injustice. Good faith and absence of APPROPRIATE REMEDY where judicial
malice, corrupt motives or improper recourse is still available, such as a
considerations are sufficient defenses in motion for reconsideration, an appeal, or a
which a judge charged with ignorance of petition for certiorari, unless the assailed
the law can find refuge. In Maquiran v. order or decision is tainted with fraud,
Grageda,[26] the Court held that alleged malice, or dishonesty. The remedy of
error committed by judges in the exercise the aggrieved party is to elevate the
of their adjudicative functions cannot be assailed decision or order to the
corrected through administrative higher court for review and
proceedings but should instead be correction.[27] Second, there was no
assailed through judicial remedies. showing and neither was it alleged that
the issuance of the ruling was attended
Established doctrine and policy is that with bad faith, malice, or dishonesty.
disciplinary proceedings and criminal
actions against Judges are not As regards Misc. No. 2825 and Misc. No. 2887, the
Court finds that respondent violated the basic
complementary or suppletory of, nor a
and fundamental constitutional principle of
substitute for, these judicial remedies, due process when he granted the motions filed
whether ordinary or extraordinary. by the accused in the criminal cases subject of
EXHAUSTION OF JUDICIAL REMEDIES IS A these administrative complaints without giving
the prosecution its day in court. Worse,
PRE-REQ.FOR THE TAKING OF OTHER
respondent disregarded the period he gave for the
MEASURES AGAINST JUDGES. prosecution to file comment on the motions. Such
action cannot be characterized as mere deficiency in
NOTE: It is only after the available judicial prudence, or lapse of judgment but a blatant
remedies have been exhausted and the disregard of established rules.
appellate tribunals have spoken with
finality, that the door to an inquiry Though not every judicial error
into his criminal, civil, or bespeaks ignorance of the law and
that, if committed in good faith, does indeed is laden with a heavy burden of
not warrant administrative sanction. responsibility.
SCOPE: the same applies only in
cases within the parameters of RULING:
tolerable misjudgment.
1) of gross ignorance of the law in
WHEN IS GROSS IGNORANCE? Where the Misc. No. 2825 and Misc. No. 2887, for
law is straightforward and the facts so which he is suspended from office for six
evident, not to know it or to act as if one (6) months without salary and other
does not know it constitutes gross benefits;
ignorance of the law
2) of negligence in Misc. No. 2860 and
Misc. No. 2824, for which he is meted a
FINE of P5,000.00. Respondent is STERNLY
With respect to Misc. No. 2821 and Misc.
No. 2824. At the time the assailed rulings WARNED that a repetition of the same or
were issued, the prohibition on plea- similar acts shall be dealt with more
bargaining provided in Section 20-A of severely.
R.A. No. 6425, as amended, is not
absolute. It applies only when the person is
charged under R.A. No. 6425 where the
imposable penalty is reclusion perpetua to TIERRA FIRMA ESTATE v J. QUINTIN
death. Though Sections 15 and 16 of the said
law, under which the accused was charged, FACTS:
provide that the sale and possession of these
drugs is punishable by reclusion perpetua to This is a complaint filed against Judge
death, these penalties may only be imposed if Edison F. Quintin, Presiding Judge of
the same were of the quantities enumerated in the MTC Branch 56, Malabon, Metro
Section 20.[32] If the quantity involved is less Manila, for failure to decide Civil Case
than that stated, the penalty shall range No. JL00-026, entitled “Tierra Firma
from prision correccional to reclusion
Estate & Development Corporation v.
perpetua depending on the quantity.[33]
Consumer Commodities International,
It is to be noted that the decision to Inc.,” within 30 days after it was
accept or reject a plea bargaining submitted for decision, as required
agreement is within the sound discretion under Rule 70, §9 of the Revised Rules of
of the court subject to certain Civil Procedure and the Rule on Summary
requirements of statutes or rules. Procedure.
It appears that on September 14, 2000, a
Respondent was also charged w/ gross complaint for unlawful detainer was
negligence in Misc. No. 2824 and Misc. filed by complainant against
No. 2860. Misc. No. 2824 relates to the Consumer Commodities International,
issuance of Search Warrant No. 40-03 Inc. in the MTC of Malabon, Metro Manila.
where the name of the accused in the After the defendant had filed its answer,
caption differs from that mentioned in the the case was set for preliminary
body. On the other hand, Misc. No. conference on December 7, 2000.
2860 relates to the Order quashing a Despite due notice, THE DEFENDANT DID
Search Warrant in another criminal case NOT APPEAR. Consequently, respondent
and reproducing the Prayer in the Motion judge considered the case submitted for
to Quash filed as its dispositive decision. However, notwithstanding the
portion. The errors committed by motions for the early resolution of the
respondent judge in the mentioned cases case filed by complainant on March 2,
could have been avoided had he exercised 2001 and March 22, 2001, judgment was
diligence and prudence expected of him not rendered in the case until July 10,
before affixing his signature. As held by 2001.
the Court in Padilla v. Judge Silerio,
[37]
in “the discharge of the functions of his CONTENTION; REASON FOR DELAY: he
office, a judge must strive to act in a has a heavy caseload resulting from
manner that puts him and his conduct the expanded jurisdiction of the MTC;
above reproach and beyond suspicion. He that he also had to preside over the
must act with extreme care for his office Metropolitan Trial Court of Navotas, Branch
54, as acting judge thereof since March AS TO THE COMPLAINANT: the continuing
15, 1999; and that, as a result of a fire delay in the resolution of the case has
which destroyed the courthouse in already caused grave damage to it
July 2000, he had to hold proceedings considering that the defendant
in his original station in a single continued to occupy the leased
cramped room with no partitions and property without paying rent and the
with the barest of facilities accumulated unpaid rent has already
reached more than P350,000.00, to the
COMPLAINANT: no intricate questions of fact detriment of complainant.
and of law that would justify the delay of
210 days and that respondent judge JUSTICE DELAYED IS NOT JUSTICE DENIED.
tolerated dilatory tactics by the defendant Delay in the disposition of cases
by entertaining motions which are undermines the people’s faith and
prohibited under Rule 70, §13 of the confidence in the judiciary. Hence,
Revised Rules of Civil Procedure. judges are enjoined to decide cases with
dispatch. Their failure to do so constitutes
HELD: gross inefficiency and warrants the
imposition of administrative sanctions on
Actions for forcible entry and unlawful them
detainer are governed by the Rule on
Summary Procedure, which was designed RULING: GUILTY OF INEFFICIENCY IN
to ensure the speedy disposition of DISPOSITION OF CASES;REPRIMANDED
these cases. Indeed, these cases involve AND WARNED.
perturbation of the social order which
must be restored as promptly as possible.
[2]
For this reason, the speedy resolution of RICON v MARQUEZ
such cases is thus deemed a matter of
public policy. FACTS:
In this case, was submitted for decision on CONSOLIDATED CASES: We resolve the
December 7, 2000. However, present consolidated administrative
respondent judge rendered his complaints – (1) A.M. No. RTJ-10-2253,
decision only on July 10, 2001, or 215 filed, on August 22, 2002, by Atty.
DAYS AFTER THE CASE WAS Perseveranda L. Ricon, Clerk of Court,
SUBMITTED FOR DECISION, way charged Judge Placido C. Marquez, RTC,
beyond the 30-day period provided in Rule Branch 40, Manila, with Grave Abuse of
70, §9 of the Revised Rules of Civil Discretion/Authority, Grave Misconduct
Procedure. Likewise, §11 of the same rule and Conduct Unbecoming a Judge;[1] and
provides that the court shall render (2) A.M. No. P-06-2138, dated May 13,
judgment within 30 days after receipt of 2005[2] filed by Judge Marquez against
the affidavits and position papers, or the Atty. Ricon, for Gross Mismanagement and
expiration of the period for filing the same. Neglect, and Falsification
NOTE: Contention as to heavy case load,
the Court said: the designation of a
judge to preside over another sala is
an insufficient reason to justify delay A.M. No. RTJ-10-2253, Ricon v.
in deciding a case. Marquez
What respondent judge appears to
overlook is that the delay in the
disposition of the case is due in part
to the fact that he entertained Atty. Ricon (Clerk of court) alleged that
motions,[5] some of which are before Judge Sablan retired, the two of
prohibited by the Rule on Summary them paid a courtesy call on Judge
Procedure, filed by the defendant
Marquez, then the pairing judge of Branch
which further protracted the
resolution of the case 39.
Thereafter, or in the first week of March Atty. Ricon disagreed as the respondent
2002, Judge Marquez set a meeting with judge’s predecessors were all honest,
the staff of Branch 39 and Judge efficient, and considerate.
Sablan. The first thing Judge Marquez
asked at the meeting was who among
the staff had already rendered five
(5) years of service in the Atty. Ricon also claimed that Judge
government. Most of the staff proudly Marquez would often tell people that he is
raised their hands, but they felt insulted a “basurero”[7] in the office, picking all the
when Judge Marquez said that mess left by his predecessors and the
employees who have been in the staff.
public service for five years are
“corrupt, gago, tamad at makakapal
ang mga mukha
UNSATISFACTORY RATING. Further, Atty.
Ricon claimed that she received the
biggest blow in her life when Judge
The staff were shocked, but did not Marquez gave her an “unsatisfactory”
react to Judge Marquez’s tirade out of rating, together with other members of
respect for him. Judge Marquez then the staff. Further: the lowest rating that
instructed Atty. Ricon to schedule the she got from the previous judges was
court’s cases for hearing on Thursdays “very satisfactory” and, before she retired,
and Fridays, which she did, but Judge Judge Sablan gave her a rating of
Marquez commenced hearing the cases “outstanding.”
only in June 2002.