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Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
March-2001 Jurisprudence                 

  • A.M. No. MTJ-00-1279 March 1, 2001 - ALICIA GONZALES-DECANO v. ORLANDO ANA F. SIAPNO

  • A.M. No. MTJ-00-1282 March 1, 2001 - SOFRONIO DAYOT v. RODOLFO B. GARCIA

  • G.R. No. 112092 March 1, 2001 - PEOPLE OF THE PHIL. v. ROBERT NUÑEZ

  • G.R. No. 123069 March 1, 2001 - PEOPLE OF THE PHIL. v. PEDRO SASPA, ET AL.

  • G.R. No. 126019 March 1, 2001 - PEOPLE OF THE PHIL. v. MARIO CALDONA

  • G.R. No. 131637 March 1, 2001 - PEOPLE OF THE PHIL. v. RODELIO PERALTA

  • G.R. No. 133888 March 1, 2001 - PEOPLE OF THE PHIL. v. ALFREDO NARDO

  • G.R. No. 134330 March 1, 2001 - ENRIQUE M. BELO, ET AL. v. PHIL. NATIONAL BANK, ET AL.

  • G.R. Nos. 135667-70 March 1, 2001 - PEOPLE OF THE PHIL. v. JESSIE VENTURA COLLADO

  • G.R. No. 138666 March 1, 2001 - ISABELO LORENZANA v. PEOPLE OF THE PHIL.

  • G.R. No. 140511 March 1, 2001 - PEOPLE OF THE PHIL. v. BALTAZAR AMION

  • G.R. No. 142313 March 1, 2001 - MANUEL CHU, SR., ET AL. v. BENELDA ESTATE DEV’T. CORP.

  • G.R. No. 142527 March 1, 2001 - ARSENIO ALVAREZ v. COMELEC, ET AL.

  • G.R. No. 144678 March 1, 2001 - JAVIER E. ZACATE v. COMELEC, ET AL.

  • G.R. Nos. 146710-15 & 146738 March 2, 2001 - JOSEPH E. ESTRADA v. ANIANO DESIERTO, ET AL.

  • G.R. No. 113236 March 5, 2001 - FIRESTONE TIRE & RUBBER COMPANY OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 113265 March 5, 2001 - PEOPLE OF THE PHIL. v. MANUEL PEREZ

  • G.R. No. 118680 March 5, 2001 - MARIA ELENA RODRIGUEZ PEDROSA v. COURT OF APPEALS, ET AL.

  • G.R. No. 123788 March 5, 2001 - DOMINADOR DE GUZMAN v. COURT OF APPEALS, ET AL.

  • G.R. No. 124686 March 5, 2001 - PEOPLE OF THE PHIL. v. ROQUE ELLADO

  • G.R. No. 127158 March 5, 2001 - PEOPLE OF THE PHIL. v. JULIO HERIDA, ET AL.

  • G.R. No. 132353 March 5, 2001 - PEOPLE OF THE PHIL. v. ALFREDO IBO

  • G.R. No. 126557 March 6, 2001 - RAMON ALBERT v. CELSO D. GANGAN

  • G.R. No. 138646 March 6, 2001 - PEOPLE OF THE PHIL. v. JOMER CABANSAY

  • G.R. No. 139518 March 6, 2001 - EVANGELINE L. PUZON v. STA. LUCIA REALTY AND DEVELOPMENT

  • G.R. Nos. 140249 & 140363 March 6, 2001 - DANILO S. YAP v. COURT OF APPEALS, ET AL.

  • G.R. No. 140884 March 6, 2001 - GELACIO P. GEMENTIZA v. COMELEC, ET AL.

  • G.R. No. 143823 March 6, 2001 - JENNIFER ABRAHAM v. NLRC, ET AL.

  • G.R. No. 126168 March 7, 2001 - PEOPLE OF THE PHIL. v. ANTONIO SAMUDIO

  • G.R. No. 129594 March 7, 2001 - PEOPLE OF THE PHIL. v. JUNNIFER LAURENTE

  • G.R. No. 135945 March 7, 2001 - UNITED RESIDENTS OF DOMINICAN HILL v. COMM. ON THE SETTLEMENT OF LAND PROBLEMS

  • G.R. No. 136173 March 7, 2001 - PEOPLE OF THE PHIL. v. ERNESTO ICALLA

  • G.R. Nos. 137481-83 & 138455 March 7, 2001 - PEOPLE OF THE PHIL. v. CONRADO SALADINO

  • G.R. Nos. 139962-66 March 7, 2001 - PEOPLE OF THE PHIL. v. EUGENIO MANGOMPIT

  • A.M. No. MTJ-00-1297 March 7, 2001 - JOSEFINA BANGCO v. RODOLFO S. GATDULA

  • A.M. No. MTJ-00-1329 March 8, 2001 - HERMINIA BORJA-MANZANO v. ROQUE R SANCHEZ

  • G.R. No. 122611 March 8, 2001 - NAPOLEON H. GONZALES v. COURT OF APPEALS, ET AL.

  • G.R. No. 125901 March 8, 2001 - EDGARDO A. TIJING, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 130378 March 8, 2001 - PEOPLE OF THE PHIL. v. ARNEL MATARO, ET AL.

  • G.R. No. 134279 March 8, 2001 - PEOPLE OF THE PHIL. v. RICKY ROGER AUSTRIA

  • G.R. Nos. 135234-38 March 8, 2001 - PEOPLE OF THE PHIL. v. ALEJANDRO GUNTANG

  • G.R. No. 137649 March 8, 2001 - PEOPLE OF THE PHIL. v. RODOLFO VILLADARES

  • G.R. No. 138137 March 8, 2001 - PERLA S. ZULUETA v. ASIA BREWERY

  • G.R. No. 138774 March 8, 2001 - REGINA FRANCISCO, ET AL v. AIDA FRANCISCO-ALFONSO

  • G.R. No. 140479 March 8, 2001 - ROSENCOR DEVELOPMENT CORPORATION, ET AL. v. PATERNO INQUING, ET AL.

  • G.R. No. 140713 March 8, 2001 - ROSA YAP PARAS, ET AL. v. ISMAEL O. BALDADO

  • G.R. No. 112115 March 9, 2001 - REPUBLIC OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 140619-24 March 9, 2001 - BENEDICTO E. KUIZON, ET AL. v. ANIANO A. DESIERTO

  • G.R. No. 126099 March 12, 2001 - ROBERTO MITO v. COURT OF APPEALS, ET AL.

  • G.R. No. 128372 March 12, 2001 - PEOPLE OF THE PHIL. v. REMEGIO DELA PEÑA

  • G.R. Nos. 130634-35 March 12, 2001 - PEOPLE OF THE PHIL. v. MANOLITO OYANIB

  • G.R. No. 131889 March 12, 2001 - VIRGINIA O. GOCHAN, ET AL. v. RICHARD G. YOUNG, ET AL.

  • G.R. No. 136738 March 12, 2001 - PEOPLE OF THE PHIL. v. EFREN VALEZ

  • G.R. No. 137306 March 12, 2001 - VIRGINIA AVISADO, ET AL. v. AMOR RUMBAUA, ET AL.

  • G.R. Nos. 140011-16 March 12, 2001 - PEOPLE OF THE PHIL. v. EUSTAQUIO MORATA

  • A.M. No. P-01-1464 March 13, 2001 - SALVADOR O. BOOC v. MALAYO B. BANTUAS

  • G.R. No. 103073 March 13, 2001 - REPUBLIC OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 131530 March 13, 2001 - Y REALTY CORP. v. SANDIGANBAYAN, ET AL.

  • G.R. No. 136594 March 13, 2001 - PEOPLE OF THE PHIL. v. JOEL CANIEZO

  • G.R. No. 139405 March 13, 2001 - PEOPLE OF THE PHIL. v. ARTURO F. PACIFICADOR

  • A.M. No. RTJ-00-1530 March 14, 2001 - EDGARDO ALDAY, ET AL. v. ESCOLASTICO U. CRUZ

  • G.R. Nos. 116001 & 123943 March 14, 2001 - PEOPLE OF THE PHIL. v. LUISITO GO

  • G.R. No. 130209 March 14, 2001 - PEOPLE OF THE PHIL. v. LARRY LAVAPIE, ET AL.

  • G.R. Nos. 130515 & 147090 March 14, 2001 - PEOPLE OF THE PHIL. v. ANSELMO BARING

  • G.R. Nos. 134451-52 March 14, 2001 - PEOPLE OF THE PHIL. v. REYNALDO FRETA

  • G.R. No. 137036 March 14, 2001 - PEOPLE OF THE PHIL. v. HERNANDO DE MESA, ET AL.

  • G.R. No. 138045 March 14, 2001 - PEOPLE OF THE PHIL. v. MARIETTA PATUNGAN, ET AL.

  • G.R. No. 139300 March 14, 2001 - AMIGO MANUFACTURING v. CLUETT PEABODY CO.

  • G.R. No. 102985 March 15, 2001 - RUBEN BRAGA CURAZA v. NLRC, ET AL.

  • G.R. No. 133480 March 15, 2001 - PEOPLE OF THE PHIL. v. FLORANTE AGUILUZ

  • G.R. Nos. 135201-02 March 15, 2001 - PEOPLE OF THE PHIL. v. FLORENCIO FRANCISCO

  • G.R. No. 141616 March 15, 2001 - CITY OF QUEZON v. LEXBER INCORPORATED

  • G.R. No. 116847 March 16, 2001 - MANUFACTURERS BUILDING v. COURT OF APPEALS, ET AL.

  • G.R. No. 128083 March 16, 2001 - PEOPLE OF THE PHIL. v. RODOLFO M. HILARIO

  • G.R. No. 128922 March 16, 2001 - ELEUTERIA B. ALIABO, ET AL. v. ROGELIO L. CARAMPATAN, ET AL.

  • G.R. No. 129070 March 16, 2001 - PEOPLE OF THE PHIL. v. NELLIE CABAIS

  • G.R. No. 131544 March 16, 2001 - EPG CONSTRUCTION CO., ET AL. v. GREGORIO R. VIGILAR

  • G.R. No. 135047 March 16, 2001 - PEOPLE OF THE PHIL. v. RICARDO CACHOLA, ET AL.

  • G.R. No. 137282 March 16, 2001 - PEOPLE OF THE PHIL. v. ALFREDO ALIPAR

  • G.R. Nos. 137753-56 March 16, 2001 - PEOPLE OF THE PHIL v. NILO ARDON

  • A.M. No. 01-1463 March 20, 2001 - EVELYN ACUÑA v. RODOLFO A. ALCANTARA

  • A.M. No. MTJ-00-1306 March 20, 2001 - ROBERT M. VISBAL v. RODOLFO C. RAMOS

  • A.M. No. P-97-1241 March 20, 2001 - DINNA CASTILLO v. ZENAIDA C. BUENCILLO

  • G.R. Nos. 105965-70 March 20, 2001 - GEORGE UY v. SANDIGANBAYAN, ET AL

  • G.R. No. 108991 March 20, 2001 - WILLIAM ALAIN MIAILHE v. COURT OF APPEALS, ET AL.

  • G.R. No. 130663 March 20, 2001 - PEOPLE OF THE PHIL v. ANGELES STA. TERESA

  • G.R. Nos. 136862-63 March 20, 2001 - PEOPLE OF THE PHIL. v. ROLANDO SANTOS

  • G.R. Nos. 139413-15 March 20, 2001 - PEOPLE OF THE PHIL. v. ENDRICO GALAS

  • G.R. No. 140356 March 20, 2001 - DOLORES FAJARDO v. COURT OF APPEALS, ET AL.

  • G.R. No. 140919 March 20, 2001 - PEOPLE OF THE PHIL. v. BUTCH BUCAO LEE

  • G.R. No. 142476 March 20, 2001 - REPUBLIC OF THE PHIL. v. SANDIGANBAYAN

  • G.R. No. 144074 March 20, 2001 - MEDINA INVESTIGATION & SECURITY CORP., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 127772 March 22, 2001 - ROBERTO P. ALMARIO v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 133815-17 March 22, 2001 - PEOPLE OF THE PHIL. v. EDGARDO LIAD, ET AL.

  • G.R. No. 134972 March 22, 2001 - ERNESTO CATUNGAL, ET AL. v. DORIS HAO

  • A.M. No. P-01-1469 March 26, 2001 - ROEL O. PARAS v. MYRNA F. LOFRANCO

  • A.M. No. RTJ-01-1624 March 26, 2001 - REQUEST FOR ASSISTANCE RELATIVE TO SPECIAL PROCEEDINGS NO. 28

  • A.M. No. 99-731-RTJ March 26, 2001 - HILARIO DE GUZMAN v. DEODORO J. SISON

  • G.R. Nos. 102407-08 March 26, 2001 - PEOPLE OF THE PHIL. v. EDMUNDO LUCERO

  • G.R. No. 121608 March 26, 2001 - FLEISCHER COMPANY v. NLRC, ET AL.

  • G.R. No. 121902 March 26, 2001 - PEOPLE OF THE PHIL. v. WALTER MELENCION

  • G.R. No. 125865 March 26, 2001 - JEFFREY LIANG v. PEOPLE OF THE PHIL.

  • G.R. No. 129916 March 26, 2001 - MAGELLAN CAPITAL MNGT. CORP., ET AL. v. ROLANDO M. ZOSA, ET AL.

  • G.R. Nos. 131638-39 March 26, 2001 - PEOPLE OF THE PHIL. v. LORETO MEDENILLA

  • G.R. No. 131653 March 26, 2001 - ROBERTO GONZALES v. NLRC, ET AL

  • G.R. No. 133475 March 26, 2001 - PEOPLE OF THE PHIL. v. ERNESTO MONTEJO

  • G.R. No. 134903 March 26, 2001 - UNICRAFT INDUSTRIES INTERNATIONAL CORP., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 136790 March 26, 2001 - PEOPLE OF THE PHIL. v. MANUEL GALVEZ

  • G.R. No. 137268 March 26, 2001 - PEOPLE OF THE PHIL. v. EUTIQUIA CARMEN, ET AL.

  • G.R. No. 137590 March 26, 2001 - FLORENCE MALCAMPO-SIN v. PHILIPP T. SIN

  • G.R. No. 137739 March 26, 2001 - ROBERTO B. TAN v. PHIL. BANKING CORP., ET AL.

  • G.R. No. 137889 March 26, 2001 - PEOPLE OF THE PHIL. v. ROMEO DELOS SANTOS

  • G.R. No. 142950 March 26, 2001 - EQUITABLE PCI BANK v. ROSITA KU

  • G.R. Nos. 147066 & 147179 March 26, 2001 - AKBAYAN - Youth, ET AL. v. COMELEC, ET AL.

  • A.M. No. 00-7-09-CA March 27, 2001 - IN RE: DEMETRIO G. DEMETRIA

  • A.M. No. P-01-1473 March 27, 2001 - GLORIA O. BENITEZ v. MEDEL P. ACOSTA

  • G.R. No. 123149 March 27, 2001 - PEOPLE OF THE PHIL. v. CORNELIO CABUG

  • G.R. No. 131588 March 27, 2001 - PEOPLE OF THE PHIL. v. GLENN DE LOS SANTOS

  • G.R. Nos. 137762-65 March 27, 2001 - PEOPLE OF THE PHIL. v. REYNALDO BARES

  • G.R. No. 137989 March 27, 2001 - PEOPLE OF THE PHIL. v. SONNY MATIONG, ET AL.

  • A.M. No. MTJ-01-1357 March 28, 2001 - MONFORT HERMANOS AGRICULTURAL DEVELOPMENT CORP. v. ROLANDO V. RAMIREZ

  • A.M. No. RTJ-00-1574 March 28, 2001 - GORGONIO S. NOVA v. SANCHO DAMES II

  • G.R. No. 100701 March 28, 2001 - PRODUCERS BANK OF THE PHIL. v. NLRC, ET AL.

  • G.R. No. 101442 March 28, 2001 - JOSE ANGELES v. COURT OF APPEALS, ET AL

  • G.R. No. 110012 March 28, 2001 - ANASTACIO VICTORIO v. COURT OF APPEALS, ET AL.

  • G.R. No. 112314 March 28, 2001 - VICENTE R. MADARANG v. SANDIGANBAYAN, ET AL.

  • G.R. No. 117964 March 28, 2001 - PLACIDO O. URBANES, JR. v. COURT OF APPEALS, ET AL.

  • G.R. No. 122216 March 28, 2001 - ALJEM’S CORPORATION v. COURT OF APPEALS, ET AL.

  • G.R. No. 126751 March 28, 2001 - SAFIC ALCAN & CIE v. IMPERIAL VEGETABLE OIL CO.

  • G.R. No. 126959 March 28, 2001 - PEOPLE OF THE PHIL. v. SERVANDO SATURNO, ET AL.

  • G.R. No. 136965 March 28, 2001 - UNIVERSITY OF THE PHIL. v. SEGUNDINA ROSARIO

  • G.R. No. 137660 March 28, 2001 - PEOPLE OF THE PHIL. v. CARLOS L. ALCANTARA

  • G.R. No. 137932 March 28, 2001 - CHIANG YIA MIN v. COURT OF APPEALS, ET AL.

  • G.R. No. 138474 March 28, 2001 - PEOPLE OF THE PHIL. v. FORTUNATO BALANO

  • G.R. Nos. 139571-72 March 28, 2001 - ROGER N. ABARDO v. SANDIGANBAYAN

  • G.R. No. 140153 March 28, 2001 - ANTONIO DOCENA, ET AL. v. RICARDO P. LAPESURA, ET AL.

  • G.R. No. 141307 March 28, 2001 - PURTO J. NAVARRO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 142007 March 28, 2001 - MANUEL C. FELIX v. ENERTECH SYSTEMS INDUSTRIES, ET AL.

  • G.R. No. 143173 March 28, 2001 - PEDRO ONG, ET AL. v. SOCORRO PAREL, ET AL.

  • G.R. No. 144169 March 28, 2001 - KHE HONG CHENG v. COURT OF APPEALS, ET AL.

  • G.R. No. 131836 March 30, 2001 - PEOPLE OF THE PHIL. v. MELITA SINCO, ET AL.

  • G.R. No. 137564 March 30, 2001 - PEOPLE OF THE PHIL. v. DOMINADOR DOMENDED

  • G.R. No. 137648 March 30, 2001 - PEOPLE OF THE PHIL. v. IRENEO PADILLA

  • G.R. No. 140311 March 30, 2001 - DENNIS T. GABIONZA v. COURT OF APPEALS, ET AL

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    A.M. No. MTJ-00-1279   March 1, 2001 - ALICIA GONZALES-DECANO v. ORLANDO ANA F. SIAPNO

     
    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    [A.M. No. MTJ-00-1279. March 1, 2001.]

    JUDGE ALICIA GONZALES-DECANO, Complainant, v. JUDGE ORLANDO ANA F. SIAPNO, Respondent.

    D E C I S I O N


    KAPUNAN, J.:


    In two Letters dated July 10, 1997 and June 16, 1998, 1 addressed to the Court Administrator, Judge Alicia B. Gonzales-Decano, Executive Judge, Regional Trial Court, Urdaneta, Pangasinan, reported that Judge Orlando Ana F. Siapno of the Urdaneta Municipal Trial Court (MTC) has not decided within the required periods the following cases already submitted for decision:chanrob1es virtual 1aw library

    1. Civil Case No. 3976

    Melchor Hortaleza v. Florencio Hortaleza

    For: Forcible Entry with Preliminary Injunction

    Filed: February 19, 1993

    Submitted for Decision: November 27, 1996

    2. Civil Case No. 3979

    Melchor Hortaleza v. Sps. Jorge Hortaleza, Et. Al.

    For: Unlawful Detainer

    Filed: February 19, 1993

    Submitted for Decision: November 26, 1996

    3. Civil Case No. 4109

    Francisca Lutrania, Et. Al. v. Nicomedes Tomines, Et. Al.

    For: Unlawful Detainer

    Filed: February 10, 1995

    Submitted for Decision: January 20, 1997

    4. Civil * Case No. 4244

    Leah Balberdi v. Conrad Lomboy

    For: Election Protest on Irregularities in the conduct of

    Barangay Election, Revision and Recounting of

    Ballots with Damages

    Filed: May 13, 1996

    Submitted for Resolution: June 25, 1996

    5. Civil Case No. 4179

    Alfredo Salazar v. Juan Sison

    For: Forcible Entry/Specific Performance and Damages

    Filed: November 6, 1995

    Submitted for Decision: June 18, 1996

    6. Criminal Case No. 15081

    People v. Bong Tolosa

    For: Reckless Imprudence resulting in Serious Physical

    Injuries and Damage to Property

    Filed: February 2, 1994

    Submitted for Decision: January 8, 1997

    7. Criminal Case No. 13292

    People v. Edgardo dela Peña y Aviles

    For: Simple Trespass to Dwelling

    Filed: August 28, 1992

    Submitted for Decision: February 29, 1997

    Required to comment by the Court Administrator, respondent Judge did not dispute outright the allegations of delay. Instead, he attempted to explain the reasons for his failure to act on the above cases within the required periods.chanrob1es virtua1 1aw 1ibrary

    Civil Case Nos. 3976 & 3979

    These cases are interrelated and were tried jointly.

    Respondent Judge makes it appear that a decision had already been rendered in these cases, although he is not sure when. Respondent Judge wrote:chanrob1es virtual 1aw library

    Although apparently from the order the case was submitted for resolution, Judge Decano did not submit a copy of the decision to show that it was decided after 90 days. I cannot verify or secure a copy of the decision because, according to MTC Personnel it was being kept by Celestina Corpuz, the Clerk of Court when I went to Urdaneta to secure one. 2

    There is, however, no indication in any of Judge Gonzalez-Decano’s letters or in the annexes thereto that a decision had already been rendered therein.

    In any case, respondent Judge maintains that if there was delay in rendering a decision, it was due to circumstances beyond his control such as the transcription of the stenographic notes. There are a thousand cases pending in Urdaneta and there is only one stenographer in his sala.

    Civil Case No. 4109

    Respondent Judge claims that he had already dictated a resolution in this case but, for reasons beyond his control, it was not typed right away and submitted to him for his signature. He emphasizes that he has only one stenotypist in his sala.

    "Civil" Case No. 4244

    The stenographic notes of the above case have not yet been transcribed; hence, respondent Judge could not prepare his decision. The transcript was finished only on April 24, 1998 because of the stenographer’s heavy work volume.

    Civil Case No. 4179

    Respondent Judge claims he had already ordered the transcription of the stenographic notes as basis for the preparation of the decision in this case. He adds that although he also takes notes during the trial, the same is not considered official and he risks administrative sanction should he decide on matters that later turn out to be not supported by the records.

    Respondent Judge, however, also avers that he had already dictated his decision but he was suspended before he could finalize it.

    Criminal Case No. 15081

    The above case is subject to the completion of the transcript of records. Respondent Judge asserts that it is difficult to render a decision without the transcript of records, especially in a criminal case such as this. The freedom, life and career of a man and the future of his family are at stake.

    Criminal Case No. 13292

    In an Order dated February 29, 1997, [sic] ** respondent Judge gave the prosecutor in this case 20 days to file her comment on the defense’s demurrer to the evidence, after which the case was deemed submitted for decision. Twenty days after February 29, 1997 [sic] is March 20, 1997 and 90 days after the latter date is June 20, 1997. Respondent Judge, however, was suspended on May 19, 1997 and hence could not render a decision on the case.

    In addition to the above comments, respondent Judge stresses that from May to December 1993, he had disposed of 719 cases, and 493 cases from January to December 1994. He further accuses Celestina Corpuz, the MTC Clerk of Court who reported the undisposed cases to Judge Gonzalez-Decano, of "trying to put [him] down" because he charged her with corruption before the Supreme Court and the Ombudsman. He also claims that he could not possibly check on all cases pending resolution because Judge Gonzalez-Decano had also designated him Presiding Judge of Manaoag, Pangasinan. At the same time, he is the Presiding Judge in the MTCs of Asingan and Pozorrubio where the presiding judges inhibited themselves. Respondent Judge thus prays for the dismissal of the charges against him.

    Finding merit in the complaint, the Court Administrator recommends that the Court impose upon respondent Judge a fine in the amount of P5,000.00 with a stern warning that a repetition of similar acts shall be dealt with more severely.chanrob1es virtua1 1aw 1ibrary

    We agree with the findings of the OCA and its recommendation.

    The Court has consistently emphasized the need for judges to decide cases within the mandated periods. The failure of a judge to render a decision within such time constitutes a violation of Rule 3.05 of the Code of Judicial Conduct, which requires that a judge dispose of the court’s business promptly and decide cases within the required periods. 3 It amounts to gross inefficiency 4 and warrants administrative sanction. 5

    That the transcript of stenographic notes in cases already deemed submitted for decision has not yet been completed does not excuse such failure. 6 This Court has directed judges to take down notes of salient portions of the hearing and proceed in the preparation of decisions without waiting for the transcribed stenographic notes. 7 The argument that such notes are not "official" would not relieve judges of their duty to render a decision within the required periods. The solution is not to await the transcription of the stenographic notes but for the judge to pay careful attention to the proceedings and take accurate notes.

    Neither does respondent Judge’s claim that his draft decision was not typed right away and submitted to him for signature serve as a valid excuse. The reasons for such failure are not beyond the judge’s control. On the contrary, these circumstances are entirely within his control. Rule 3.09 of the Canons of Judicial Ethics charges judges with the administrative responsibility of organizing and supervising the court personnel to secure the prompt and efficient dispatch of business, and require at all times the observance of high standards of public service and fidelity. Rule 3.10 of the Canons even imposes upon them the duty to initiate appropriate disciplinary measures against court personnel for unprofessional conduct of which he may have become aware.

    Respondent Judge also attributes the delay in Civil Case No. 4179 to his suspension. This argument has no merit. Cases of forcible entry like Civil Case No. 4179 are governed by the Revised Rule on Summary Procedure. 8 The period for rendering a decision thereon is thirty (30) days following the receipt of the last affidavit and position paper, or the expiration of the period for filing the same. 9 Civil Case No. 4179 was deemed submitted for decision on June 18, 1996. Respondent Judge, however, alleges that he was suspended on May 19, 1997, way past the 30-day period from June 18, 1996 within which to render a decision.

    Respondent Judge likewise pleads his suspension to justify the delay in Criminal Case No. 13292. The list prepared by complainant Judge states that the case was deemed submitted for decision on February 29, 1997 [sic]. Respondent Judge submits, however, that on February 29, 1997 [sic] he gave the prosecutor twenty (20) days to comment on the defense’s demurrer to the evidence. Hence, the period when the case is deemed submitted for decision should be counted from end of the 20-day period, or March 20, 1997. Ninety (90) days after the latter date is June 20, 1997. Respondent Judge, however, was suspended on May 19, 1997 and hence could not render a decision on the case.

    Granting that March 20, 1997 is indeed the date the case was deemed submitted for decision, respondent Judge’s suspension cannot excuse his failure to decide the case on time. The flaw in respondent Judge’s argument is that he assumes that he has ninety (90) days within which to render a decision on the case.chanrob1es virtua1 1aw 1ibrary

    Section 1.B.(4) of the Revised Rule on Summary Procedure, however, provides:chanrob1es virtual 1aw library

    SECTION 1. Scope — This rule shall govern the summary procedure in the Metropolitan Trial Courts, the Municipal Trial Court in Cities, the Municipal Trial Courts, and the Municipal Circuit Trial Courts in the following cases falling within their jurisdiction:chanrob1es virtual 1aw library

    x       x       x


    A. Criminal Cases:chanrob1es virtual 1aw library

    (1) . . .

    x       x       x


    (4) All other criminal cases where the penalty prescribed by law for the offense charged is imprisonment not exceeding six months, or a fine not exceeding one thousand pesos (P1,000.00), or both, irrespective of other imposable penalties, accessory or otherwise, or of the civil liability arising therefrom: provided, however, that in offenses involving damage to property through criminal negligence, this Rule shall govern where the imposable fine does not exceed ten thousand pesos (P10,000.00). [Emphasis supplied.]

    Criminal Case No. 13292 is a case of simple trespass to dwelling, punishable by arresto menor or a fine not exceeding P200.00, or both. 10 The duration of the penalty of arresto menor is from one (1) day to thirty (30) days. 11 As the penalty for simple trespass to dwelling does not exceed six (6) months imprisonment or a fine of P1,000.00, Criminal Case No. 13292 is governed by the Revised Rule on Summary Procedure. Hence, respondent judge only had thirty (30) days, not ninety (90) days, within which to render a decision on the subject case. 12 Thirty (30) days after March 20, 1997 is April 19, 1997 or a whole month before respondent Judge was suspended on May 19, 1997.

    Next, respondent Judge attributes ill motive on the part of MTC Clerk of Court Celestine Corpuz, who reported the delay in the disposition of the subject cases to complainant Judge. Assuming, however, that the Clerk of Court was indeed motivated by bad faith in making the report, this does not detract from the fact that there was delay in the disposition of said cases.

    Finally, the additional assignments or designations imposed upon respondent Judge does not make him less liable for the delay. In Casia v. Gestopa, Jr., 13 we held:chanrob1es virtual 1aw library

    That respondent Judge had to attend to other courts will not save him from administrative sanction. In Perez v. Andaya, we held a similar contention unmeritorious, quoting the recommendation of the Investigating Justice with favor thus:jgc:chanrobles.com.ph

    "Respondent judge’s argument that on September 29, 1993(,) he was designated acting presiding judge of (the) RTC(,) Branch 54(,) in Lucena City, and has been carrying (the) heavy case load of two salas, and lately designated to hear heinous crimes(,) should not be made as basis for excuses at this point in time when the judiciary is under siege upon which the judge should give complete and dedicated support of his primary and fundamental task to restore full confidence of our people in the courts."cralaw virtua1aw library

    Likewise in Re: Report of Justice Felipe B. Kalalo:jgc:chanrobles.com.ph

    ". . . . The additional assignment of Judge Angeles should not have deterred him from disposing off the twenty-two criminal cases pending before him. All he had to do was to request from this Court a reasonable extension of time to resolve the cases."cralaw virtua1aw library

    Indeed, respondent Judge should have known that if his caseload prevented the disposition of cases within the reglementary period, all he had to do was to ask from this Court for a reasonable extension of time to dispose of the cases involved. The Court, cognizant of the caseload of judges and mindful of the difficulty encountered by them in the seasonable disposition of cases, would almost always grant the request.cralaw : red

    Respondent Judge’s undisputed claim that he disposed of numerous cases in previous years, however, serves to mitigate his liability. 14

    WHEREFORE, respondent Judge is hereby ordered to pay a FINE in the amount of FIVE THOUSAND PESOS (P5,000.00) with a WARNING that a repetition of the same or similar act will be dealt with more severely.

    SO ORDERED.

    Davide, Jr., C.J., Puno, Pardo, and Ynares-Santiago, JJ., concur.

    Endnotes:



    1. The letter dated June 16, 1998 was in response to a request by the Court Administrator for clarification regarding the designation of the cases involved.

    * This is an election case.

    2. Comment, pp. 4-5.

    ** 1997 was not a leap year. Nevertheless, we assume for the sake of the succeeding discussion that the date is accurate.

    3. Martin v. Guerrero, 317 SCRA 166 (1999); Canson v. Garchitorena, 311 SCRA 268 (1999).

    4. Office of the Court Administrator v. Quiñanola, 317 SCRA 37 (1999); Martin v. Guerrero, 317 SCRA 166 (1999); Re: Request of Judge Irma Zita V. Masamayor, RTC-Br. 52, Talibon Bohol, For Extension of Time to Decide Civil Case No. 0020 and Criminal Case No. 98-384, 316 SCRA 219 (1999); Ricolcol v. Camarista, 312 SCRA 468 (1999).

    5. Office of the Court Administrator v. Quiñanola, supra; Re: Request of Judge Irma Zita V. Masamayor, RTC-Branch 52, Talibon, Bohol, For Extension of Time to Decide Civil Case No 0020 and Criminal Case No 98-384, 316 SCRA 219 (1999); Report on the Judicial Audit Conducted in RTC, Branches 29, 56 and 57, Libanan, Camarines Sur, 316 SCRA 272 (1999); Canson v. Garchitorena, supra.

    6. Report on the Judicial Audit in RTC, Br. 27, Lapu-Lapu City, 289 SCRA 398 (1998); Ng v. Ulibari, 293 SCRA 342 (1998); Office of the Court Administrator v. Butalid, 293 SCRA 589 (1998).

    7. Re: Judge Danilo M. Tenerife, 255 SCRA 184 (1996).

    8. REVISED RULE ON SUMMARY PROCEDURE, SEC. 1.A.(1).

    9. Id., sec. 10.

    10. REVISED PENAL CODE, art. 281.

    11. Id., art. 27.

    12. See note 9.

    13. 312 SCRA 204 (1999).

    14. Re: Report on the Judicial Audit Conducted in the RTC, Br. 68, Camiling, Tarlac, 305 SCRA 61 (1999).

    A.M. No. MTJ-00-1279   March 1, 2001 - ALICIA GONZALES-DECANO v. ORLANDO ANA F. SIAPNO




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