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October-1997 Jurisprudence                 

  • Adm. Matter No. MTJ-97-1123 October 2, 1997 - JOSELITO R. ENRIQUEZ v. RUBY B. CAMARISTA

  • Adm. Matter No. P-97-1255 October 2, 1997 - SIBANAH E. USMAN v. JULIUS G. CABE

  • Adm. Matter No. RTJ-93-1080 October 2, 1997 - HANSON SANTOS v. SANCHO DAMES II, ET AL.

  • G.R. No. 102900 October 2, 1997 - MARCELINO ARCELONA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 108897 October 2, 1997 - SARKIES TOURS PHIL., INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 116184 October 2, 1997 - NATION BROADCASTING CORP., ET AL. v. NLRC, ET AL.

  • G.R. No. 116720 October 2, 1997 - PEOPLE OF THE PHIL. v. ROEL ENCINADA

  • G.R. No. 117240 October 2, 1997 - PNCC v. NLRC, ET AL.

  • G.R. No. 120961 October 2, 1997 - DISTILLERIA WASHINGTON v. LA TONDEÑA DISTILLERS, ET AL.

  • G.R. No. 121449 October 2, 1997 - SANYO TRAVEL CORP., ET AL. v. NLRC, ET AL.

  • G.R. No. 123172 October 2, 1997 - PEOPLE OF THE PHIL. v. FELIX DE GUIA

  • G.R. No. 102366 October 3, 1997 - PEOPLE OF THE PHIL. v. HECTOR VASQUEZ, ET AL.

  • Adm. Matter No. P-97-1250 October 6, 1997 - DOMINADOR D. BORNASAL, JR. v. JAIME T. MONTES

  • G.R. No. 83402 October 6, 1997 - ALGON ENGINEERING CONSTRUCTION CORP., ET AL. v. NLRC, ET AL.

  • G.R. No. 103585 October 6, 1997 - NATIONAL ELECTRIFICATION ADMINISTRATION v. COURT OF APPEALS, ET AL.

  • G.R. No. 118935 October 6, 1997 - PEOPLE OF THE PHIL. v. FERNANDO LO-AR

  • G.R. No. 123445 October 6, 1997 - BENJAMIN TOLENTINO v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 104774-75 October 8, 1997 - ZACARIAS OARDE, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 107992 October 8, 1997 - ODYSSEY PARK, INC. v. COURT OF APPEALS, ET AL.

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  • G.R. No. 125616 October 8, 1997 - MARIO RABAJA v. COURT OF APPEALS, ET AL.

  • G.R. No. 95694 October 9, 1997 - VICENTE VILLAFLOR v. COURT OF APPEALS, ET AL.

  • G.R. No. 98328 October 9, 1997 - JUAN C. CARVAJAL v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 106632 & 106678 October 9, 1997 - DORIS TERESA HO v. PEOPLE OF THE PHIL., ET AL.

  • G.R. No. 111194 October 9, 1997 - PEOPLE OF THE PHIL. v. WILFREDO G. TEODORO

  • G.R. No. 113447 October 9, 1997 - ALAIN MANALILI v. COURT OF APPEALS, ET AL.

  • G.R. No. 118992 October 9, 1997 - PEOPLE OF THE PHIL. v. CELERINO CASTROMERO

  • Adm. Case No. 4467 October 10, 1997 - GIL A. DE LEON, ET AL. v. RODOLFO BONIFACIO, ET AL.

  • G.R. No. 103028 October 10, 1997 - CARLOTA DELGADO VDA. DE DELA ROSA v. COURT OF APPEALS

  • G.R. No. 107434 October 10, 1997 - CITIBANK v. COURT OF APPEALS, ET AL.

  • G.R. No. 111148 October 10, 1997 - ENRIQUE A. SOBREPEÑA, JR. v. COURT OF APPEALS, ET AL.

  • G.R. No. 115938 October 10, 1997 - PEOPLE OF THE PHIL. v. FERNANDO GALERA

  • G.R. No. 119360 October 10, 1997 - PAL, INC. v. ACTING SECRETARY OF LABOR, ET AL.

  • G.R. No. 119523 October 10, 1997 - ISABELO VIOLETA, ET AL. v. NLRC, ET AL.

  • G.R. No. 120191 October 10, 1997 - LORETO ADALIN, ET AL. v. COURT OF APPEALS, ET AL.

  • Adm. Matter No. P-96-1199 October 13, 1997 - VLADIMIR BRUSOLA v. EUDARLIO B. VALENCIA, JR.

  • G.R. No. 68166 October 13, 1997 - HEIRS OF EMILIANO NAVARRO v. INTERMEDIATE APPELLATE COURT, ET AL.

  • Adm. Matter No. MTJ-91-562 October 16, 1997 - EQUATORIAL REALTY DEVELOPMENT, INC. v. CASIANO P. ANUNCIACION

  • Adm. Matter No. MTJ-97-1139 October 16, 1997 - ROBERTO ESPIRITU v. EDUARDO JOVELLANOS

  • Adm. Matter No. P-92-747 October 16, 1997 - JESUS R. LLAMADO v. ARMANDO RAVELO

  • Adm. Matter No. P-96-1189 October 16, 1997 - LELU P. CONTRERAS v. SALVADOR C. MIRANDO

  • Adm. Matter No. P-96-1207 October 16, 1997 - D. ROY A. MASADAO, ET AL. v. GERALDINE GLORIOSO, ET AL.

  • Adm. Matter No. P-97-1252 October 16, 1997 - ORESTES R. SANTOS v. NORBERTO V. DOBLADA, JR.

  • Adm. Matter No. RTJ-97-1375 October 16, 1997 - ROMULO B. MACALINTAL v. ANGELITO C. TEH

  • Adm. Matter No. RTJ-97-1391 October 16, 1997 - ROMULO A. RIVERA v. EFREN A. LAMORENA

  • Adm. Matter No. 97-9-97-MCTC October 16, 1997 - REPORT ON THE JUDICIAL AUDIT OF THE MCTC OF DINGLE-DUENAS, ILOILO

  • G.R. No. 94457 October 16, 1997 - VICTORIA LEGARDA v. COURT OF APPEALS, ET AL.

  • Adm. Matter No. 102936 October 16, 1997 - LEVY AGAO, ET AL. v. NLRC, ET AL.

  • G.R. No. 105668 October 16, 1997 - PEOPLE OF THE PHIL. v. HERNANDO DALABAJAN, ET AL.

  • G.R. No. 112745 October 16, 1997 - AQUILINO T. LARIN v. EXECUTIVE SECRETARY, ET AL.

  • G.R. No. 113271 October 16, 1997 - WATEROUS DRUG CORP., ET AL. v. NLRC, ET AL.

  • G.R. No. 115282 October 16, 1997 - PEOPLE OF THE PHIL. v. MEDEL MAMALAYAN, ET AL.

  • G.R. Nos. 117399-117400 October 16, 1997 - PEOPLE OF THE PHIL. v. ZALDY JAGOLINGAY, ET AL.

  • G.R. No. 118230 October 16, 1997 - ABUNDIA BINGCOY v. COURT OF APPEALS, ET AL.

  • G.R. No. 118651 October 16, 1997 - PIONEER TEXTURIZING CORP., ET AL. v. NLRC, ET AL.

  • G.R. No. 118853 October 16, 1997 - BRAHM INDUSTRIES, INC. v. NLRC, ET AL.

  • G.R. No. 118946 October 16, 1997 - PEOPLE OF THE PHIL. v. RICO JAMLAN SALEM

  • G.R. No. 121582 October 16, 1997 - SOUTHERN COTABATO DEV. & CONSTRUCTION, ET AL. v. NLRC, ET AL.

  • G.R. No. 121687 October 16, 1997 - HEIRS OF MARCELINO PAGOBO v. COURT OF APPEALS, ET AL.

  • G.R. No. 123248 October 16, 1997 - TWIN ACE HOLDINGS CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 128054 October 16, 1997 - KILOSBAYAN, INC., ET AL. v. COMELEC, ET AL.

  • G.R. No. 113003 October 17, 1997 - ALBERTA YOBIDO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 113788 October 17, 1997 - PEOPLE OF THE PHIL. v. NORLITO GERON

  • G.R. No. 117459 October 17, 1997 - MOISES B. PANLILIO v. NLRC, ET AL.

  • G.R. Nos. 122474-76 October 17, 1997 - PEOPLE OF THE PHIL. v. VICTOR ABRECINOZ

  • G.R. No. 128119 October 17, 1997 - MURLI SADHWANI, ET AL. v. COURT OF APPEALS, ET AL.

  • Adm. Matter No. RTJ-97-1393 October 20, 1997 - ALAN SUASIN v. ERNESTO DINOPOL

  • G.R. No. 107747 October 20, 1997 - PEOPLE OF THE PHIL. v. ARNOLD TALINGTING

  • G.R. No. 99838 October 23, 1997 - PEOPLE OF THE PHIL. v. ERNESTO ENRIQUEZ, ET AL.

  • G.R. No. 105008 October 23, 1997 - PEOPLE OF THE PHIL. v. DOMENCIANO VASQUEZ

  • G.R. No. 108905 October 23, 1997 - GRACE CHRISTIAN HIGH SCHOOL v. COURT OF APPEALS, ET AL.

  • G.R. No. 111155 October 23, 1997 - COSMOS BOTTLING CORP. v. NLRC, ET AL.

  • G.R. No. 111662 October 23, 1997 - A.G. DEVELOPMENT CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 118192 October 23, 1997 - PRO LINE SPORTS CENTER, INC., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 119777 & 120690 October 23, 1997 - HEIRS OF PEDRO ESCANLAR, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 126321 October 23, 1997 - TOYOTA CUBAO v. COURT OF APPEALS, ET AL.

  • G.R. No. 112733 October 24, 1997 - PEOPLE’S INDUSTRIAL AND COMMERCIAL CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 114398 October 24, 1997 - CARMEN LIWANAG v. COURT OF APPEALS, ET AL.

  • G.R. No. 125469 October 27, 1997 - PHILIPPINE STOCK EXCHANGE, INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 130644 October 27, 1997 - FRANCISCO JUAN LARRANAGA v. COURT OF APPEALS, ET AL.

  • G.R. No. 118240 October 28, 1997 - PEOPLE OF THE PHIL. v. GIOVANNI BAJAR

  • G.R. No. 124099 October 30, 1997 - MANUEL G. REYES, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 104504 October 31, 1997 - PEDRITO PASTRANO v. COURT OF APPEALS, ET AL.

  •  





     
     

    Adm. Matter No. RTJ-97-1391   October 16, 1997 - ROMULO A. RIVERA v. EFREN A. LAMORENA

     
    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    [Adm. Matter No. RTJ-97-1391. October 16, 1997.]

    (Formerly OCA IPI NO. 96-247-RTJ)

    ATTY. ROMULO A. RIVERA, Complainant, v. JUDGE EFREN A. LAMORENA, RTC, Santiago City, Branch 36, Respondent.


    SYLLABUS


    1. JUDICIAL ETHICS; JUDGE; 90-DAY REGLEMENTARY PERIOD FOR DECIDING A CASE, ENJOINED. — A judge should not pay mere lip service to the 90 day reglementary period for deciding a case. Strict implementation of the 90-day rule is enjoined by this Court. However, this Court is not unaware of certain circumstances beyond the judge’s control that could possibly justify the delay in his disposition of the cases assigned to him.

    2. ID.; ID.; JUDGE ADMONISHED FOR FAILURE TO DECIDE CASE WITHIN 90-DAY REGLEMENTARY PERIOD DUE TO PRESSURE OF WORK COUPLED WITH POOR AND UNBEARABLE WORKING CONDITIONS; CASE AT BAR. — In a letter-complaint, dated September 20, 1996, filed by Atty. Rivera against respondent judge, he prays that the latter be ordered to render a decision in a case for judicial foreclosure of mortgage and/or to impose the appropriate penalty or failure to comply with the mandate requiring judges to resolve cases submitted before them within the reglementary 90-day period. On March 26, 1997, respondent judge, in his Comment, pleaded for this Court’s compassion regarding his failure to resolve Civil Case No. 2178 as required by law. By way of explanation, he claimed that the delay in disposing the said case was due to the pressure of work coupled with poor and unbearable working conditions as his office was actually a stock room which did not provide ample space for eleven employees and several steel cabinets filled with old dusty records of the Multi-Sala Court. A careful review of the records of this case discloses that although apparently, there exists valid ground for some delay in deciding the cases submitted before respondent judge, the circumstances pointed out by him can only serve to mitigate but not to exonerate him from any administrative liability. This Court has consistently impressed upon judges to decide cases promptly and expeditiously in the principle that justice delayed is justice denied. Decision-making, among others, is the primordial and most important duty of a member of the judiciary. The delay in resolving motions and incidents pending before a judge within reglementary period of ninety (90) days fixed by the Constitution and the law is not excusable and constitutes gross inefficiency. In the instant case, however, this Court extends its compassionate arm and finds the reason for the delay justified. ACCORDINGLY, for his failure to decide a case within the 90-day period, We hereby RESOLVE: that Judge Efren A. Lamorena be ADMONISHED with a WARNING that a repetition of the same or similar acts in the future will be dealt with more severely.


    R E S O L U T I O N


    HERMOSISIMA, JR., J.:


    A judge should not pay mere lip service to the 90-day reglementary period for deciding a ease. Strict implementation of the 90-day rule is enjoined by this Court. However, this Court is not unaware of certain circumstances beyond the judge’s control that could possibly justify the delay in his disposition of the cases assigned to him.

    In a letter-complaint, 1 dated September 20, 1996, filed by Atty. Rivera against respondent judge, he prays that the latter be ordered to render a decision in a case for judicial foreclosure of mortgage and/or to impose the appropriate penalty for failure to comply with the mandate requiring judges to resolve cases submitted before them within the reglementary 90-day period.

    Complainant is the counsel of the plaintiff in Civil Case No. 2178 2 entitled "NCH Philippines, Inc. v. Spouses Ernesto Lagua and Elvira Acosta-Lagua," which case was already submitted for decision before respondent judge in December 1995.

    On March 19, 1996, complainant filed a Motion for Early Resolution 3 of the above-mentioned civil case. For failure to obtain any positive results, complainant filed a Second Motion for Early Resolution, 4 dated June 17, 1996. On account of respondent judge’s inaction on the said motions and his continuous inability to resolve the subject foreclosure case before his sala in violation of the 90-day period provided by law, complainant was prompted to address the matter to us through a letter-complaint.chanrobles.com : virtual lawlibrary

    In our Resolution, 5 dated January 27, 1997, we required respondent judge to submit his Comment on complainant’s letter.

    On March 26, 1997, respondent judge, in his Comment, 6 pleaded for this Court’s compassion regarding his failure to resolve Civil Case No. 2178 as required by law. By way of explanation, he claimed that the delay in disposing the said case was due to the pressure of work coupled with poor and unbearable working conditions as his office was actually a stock room which did not provide ample space for eleven employees and several steel cabinets filled with old dusty records of the Multi-Sala Court.

    A careful review of the records of this case discloses that although apparently, there exists valid grounds for some delay in deciding the cases submitted before respondent judge, the circumstances pointed out by him can only serve to mitigate but not to exonerate him from any administrative liability.

    This Court has consistently impressed upon judges to decide cases promptly and expeditiously in the principle that justice delayed is justice denied. 7 Decision-making, among others, is the primordial and most important duty of a member of the judiciary. 8 The delay in resolving motions and incidents pending before a judge within the reglementary period of ninety (90) days fixed by the Constitution and the law is not excusable and constitutes gross inefficiency. 9 In the instant case, however, this Court extends its compassionate arm and finds the reasons for the delay justified.

    ACCORDINGLY, for his failure to decide a case within the 90-day period, We hereby RESOLVE that Judge Efren A. Lamorena be ADMONISHED with a WARNING that a repetition of the same or similar acts in the future will be dealt with more severely.chanrobles virtual lawlibrary

    SO ORDERED.

    Davide, Jr., Bellosillo, Vitug and Kapunan, JJ., concur.

    Endnotes:



    1. Rollo, pp. 1-3.

    2. Rollo, pp. 4-7.

    3. Rollo, pp. 15-16.

    4. Rollo, p. 17.

    5. Rollo, p. 20.

    6. Rollo, pp. 21-22.

    7. Judge Luis B. Bello, Jr., 247 SCRA 519, 524 [1995].

    8. Guintu v. Lucero, 261 SCRA 1, 9 [1996].

    9. Id., p. 7.

    Adm. Matter No. RTJ-97-1391   October 16, 1997 - ROMULO A. RIVERA v. EFREN A. LAMORENA


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