Monday, July 9, 2012

MTC judge fined for undue delay in a summary case.

See - http://sc.judiciary.gov.ph/jurisprudence/2012/june2012/MTJ-12-1812.htm

"x x x.



Delay in case disposition is a major culprit in the erosion of public faith and confidence in the judiciary and the lowering of its standards. Failure to decide cases within the reglementary period, without strong and justifiable reasons, constitutes gross inefficiency warranting the imposition of administrative sanction on the defaulting judge.[1]
In this case, the decision was purportedly issued on 7 April 2011, or more than four months since the last submission of the parties’ position paper.
Even if one were to consider respondent judge’s argument, there would still be undue delay in the resolution of the ejectment case.
The pretrial Order was purportedly issued on 26 January 2010, or more than three months since the pretrial. Section 8 of the Rules on Summary Procedure provides that within five days after the termination of the preliminary conference, the court shall issue an order stating the matters taken up therein.
Further, paragraph 8, Title I(A) of A.M. No. 03-1-09-SC, entitled “Guidelines to be Observed by Trial Court Judges and Clerks of Court in the Conduct of Pre-Trial and Use of Deposition-Discovery Measures,” mandates that a judge must issue a pretrial order within 10 days after the termination of the pretrial. Since the ejectment case fell under the Rules on Summary Procedure, respondent judge should have handled it with promptness and haste. The reason for the adoption of those Rules is precisely to prevent undue delays in the disposition of cases, an offense for which respondent judge may be held administratively liable.
Section 9, Rule 140 of the Rules of Court classifies undue delay in rendering a decision or order as a less serious charge, which under Section     1(b) of the same Rule is punishable with suspension from office, without salary and other benefits, for not less than one (1) nor more than three (3) months; or a fine of more than ₱10,000, but not exceeding ₱20,000. Considering that the instant administrative charge is only the third against respondent judge (the first has been dismissed, while the second is still pending), and considering his relatively long tenure in the judiciary starting in 1997, he may be reasonably meted out a penalty of ₱5,000 for being administratively liable for undue delay in rendering a decision.
x x x."