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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)
 

 
Chan Robles Virtual Law Library
 
 

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

     
    PHILIPPINE SUPREME COURT DECISIONS

    EN BANC

    [A.M. No. RTJ-01-1624. March 26, 2001.]

    (Formerly A.M. No. 96-8-303-RTC)

    REQUEST FOR ASSISTANCE RELATIVE TO SPECIAL PROCEEDINGS NO. 28 PENDING AT REGIONAL TRIAL COURT OF HIMAMAYLAN, NEGROS OCCIDENTAL, BRANCH 55, PRESIDED BY JUDGE JOSE Y. AGUIRRE, JR.

    D E C I S I O N


    VITUG, J.:


    In a verified letter-complaint, dated 09 May 1996, complainant Constancia Amar requested assistance relative to Special Proceedings No. 28, entitled "Intestate Estate of Spouses Dioscoro & Emperatriz Rubin," assigned to Judge Jose Y. Aguirre of the Regional Trial Court, Branch 55, of Himamaylan, Negros Occidental.chanrob1es virtua1 1aw 1ibrary

    Complainant states that she obtained a favorable decision for wage differentials in a labor case (Case No. A-593-81, "Constancia Amar v. Hda. Fanny and Dioscoro Rubin") before the National Labor Relations Commission ("NLRC"). A writ of execution was issued by the NLRC against the Estate of Spouses Rubin. In relation thereto, in Special Proceedings No. 28, respondent judge issued an order, dated 16 November 1993, directing the judicial administrator of the Estate of Spouses Rubin to settle Amar’s claim.

    On 27 April 1994, complainant filed a motion for the issuance of an order of contempt against the judicial administrator, Feliciano Rubin, for not heeding the court order. Respondent judge failed to resolve the motion for more than three years. Suspecting a possible collusion between respondent judge and the judicial administrator, complainant sought the assistance of the Office of the Court Administrator.

    On 28 June 1996, a verified complaint was ultimately filed by Atty. Napoleon Corral, counsel for complainant Amar in Special Proceedings No. 28, against respondent judge. In the complaint, Atty. Corral, after reiterating the foregoing settings, added that he likewise filed a motion to order the sheriff to sell personal property or sell or mortgage real property of the estate in order to allow the settlement of Amar’s claim but the motion also remained unresolved by respondent judge. Atty. Corral claimed that the available property of the Estate of Spouses Rubin could well satisfy Amar’s claim.

    In his comment, respondent judge admitted having issued his order of 16 November 1993 directing the judicial administrator to pay the judgment award of Constancia Amar. Explaining that the estate had no immediate funds to pay Amar’s claims, respondent judge said that he authorized the judicial administrator to sell or mortgage real property of the estate in order to pay its creditors but no third party was willing to transact with the judicial administrator as there were three groups of heirs claiming ownership of the estate property. He denied any collusion between him and the judicial administrator.chanrob1es virtua1 1aw 1ibrary

    The case was referred to the Office of the Court Administrator ("OCA") for evaluation, report and recommendation.

    The Office of Deputy Court Administrator Zenaida Elepaño, to whom the case was assigned, required respondent judge to submit a status report on the motion to cite the judicial administrator for contempt and the motion to order the sheriff to sell or mortgage so much of the property of the estate to satisfy the claim of Constancia Amar. Respondent judge, in his letter of 13 April 1998, explained that the court could not direct the sheriff to sell the property of the estate for being inconsistent with Section 3, Rule 88, of the Rules of Court. He failed to give an account on the status of the motion for contempt. In a letter, dated 15 September 2000, addressed to the Office of DCA Elepaño, respondent judge reported that Special Proceedings No. 28 was still pending hearing due to repeated change of counsel made by both parties. As regards his directive to the judicial administrator to pay the claim of Constancia Amar, he attached a copy of his order of 23 August 1999 that read:jgc:chanrobles.com.ph

    "This court has reached the limit of its patience over the gross disobedience of the judicial administrator to the several lawful orders of this court directing him to pay the claim of Constancia Amar, Et. Al. in the amount of P205,125.00.

    "In view of the utter disregard by the judicial administrator of the several orders of this court commanding him to pay Constancia Amar, Et Al., the court hereby sets the case for hearing on September 6, 1999 at 8:30 a.m. to receive evidence from the judicial administrator why he should not be replaced as judicial administrator. Failure on his part to appear will constrain this court to immediately replace him with a person of suitable qualifications and competence.

    "SO ORDERED."cralaw virtua1aw library

    Upon further inquiry, respondent judge admitted that as of 03 October 2000, he was still unable to resolve the two motions subject of the instant complaint. 1

    Then, in a letter dated 15 December 2000, respondent judge informed the OCA that complainant Amar’s claim for wage differentials against the estate had finally been satisfied; he prayed that the instant administrative complaint be considered as having become moot and academic.

    The OCA, in its memorandum of 29 January 2001, came out with its evaluation, report and recommendation; it said:chanrob1es virtua1 1aw 1ibrary

    "It has repeatedly been held that delay in resolving motions and incidents pending before a judge within the reglementary period of ninety (90) days fixed by the Constitution and law is not excusable and constitutes gross inefficiency. The judge is likewise guilty of violation of Rule 3.05, Canon 3 of the Code of Judicial Conduct which mandates that a magistrate shall dispose of the court’s business promptly and decide cases within the required periods (Bonifacio I. Buintu v. Judge Aunario L. Lucero, 261 SCRA 1).

    "Obviously, Judge Jose Y. Aguirre has been remiss in the performance of his duties when he failed to act on Amar’s Motion for Issuance of the Order of Contempt to the Judicial Administrator despite the lapse of six (6) years and Motion to Order the Sale of Personal Property or Sale or Mortgage of Real Property through the Sheriff for five (5) years.

    "The excuse proffered by Judge Aguirre that he didn’t want to cite the judicial administrator in contempt because the latter is sickly and he didn’t want to be the cause of the administrator’s death is flimsy. Judge Aguirre is mandated by law to resolve the motion within ninety (90) days and he must resolve it regardless of consequences, real or imagined.

    "Nonetheless, Judge Aguirre is correct when he said that Amar’s motion to order the sheriff to sell in public auction or to mortgage the properties of the estate is contrary to law. The motion contravenes Section 3, Rule 88 of the Revised Rules of Court which specifically provides that it is only the executor or administrator of the estate whom the court may authorize to dispose of the properties of the estate so that the proceeds of the sale or mortgage may be applied to its obligations. However, Judge Aguirre still has the duty to resolve the motion within the 90-day reglementary period. What he should have done was simply to deny the motion on the ground that it is contrary to law.

    "The non-compliance of the 90-day period for resolving motions renders the respondent judge subject to administrative liability. The 90-day period is intended to prevent delay in the administration of justice and non-compliance thereof constitutes a serious violation of the constitutional right of the parties to speedy disposition of their cases."cralaw virtua1aw library

    The OCA recommended that the case be formally docketed as an administrative case, and that respondent be FINED in the amount of P2,000.00 for failure to resolve the two motions filed by Constancia Amar within the reglementary period required therefor, with a WARNING that a repetition of the same or similar act shall be dealt with more severely.

    The Court basically agrees with, and thereby adopts, the recommendation of the OCA.

    Canon 3, Rule 3.05, of the Code of Judicial Conduct requires that a judge shall dispose of the court’s business promptly and decide cases within the periods prescribed therefor. The Court has consistently reminded judges to be conscious of that duty and to handle the cases before them with dispatch. Procrastination not only can cause great injustice but also can invite suspicion of ulterior motives on the part of the judge. When circumstances do arise that could render them incapable of seasonably acting, all that a judge should do is to request from the Court, and justify to it, an extension of time to resolve or decide the pending matter. The Court, cognizant of the caseload of judges and mindful of the difficulty encountered by them in the timely disposition of cases, would almost always grant the request. 2

    The motion to cite the judicial administrator for contempt, filed on 4 May 1994, was never resolved by respondent judge. The explanation that he could not grant the motion because the judicial administrator was sickly certainly is no excuse. The motion to require the sheriff to sell or mortgage the real properties of the estate was also not resolved by respondent judge, stating that to grant the motion would be contrary to Section 3, Rule 88, of the Revised Rules of Court. If respondent judge indeed felt so, then he should have forthwith issued an order denying the motion instead of allowing the motion to remain unresolved.

    The Court has consistently impressed upon members of the judiciary the need to resolve and decide cases promptly and expeditiously under the time-honored precept that justice delayed is justice denied. Every judge should act with dispatch and should be careful, punctual, and observant in the performance of his office. Failure to decide a case within the reglementary period constitutes a violation of this mandate warranting the imposition of administrative sanction on the defaulting judge. 3

    The fine of P2,000.00 recommended by OCA, lower than the usual amount imposed in cases of this nature, appears to be appropriate considering that respondent judge appears to have exerted efforts to have the claim of complainant Amar settled. Although late in coming, the claim, nevertheless, was eventually satisfied.chanrob1es virtua1 1aw 1ibrary

    WHEREFORE, for his failure to timely resolve the two pending incidents in Special Proceedings No. 28, Judge Jose Y. Aguirre of the Regional Trial Court of Himamaylan, Negros Occidental, Branch 55, is meted a FINE of P2,000.00 with stern warning that a repetition of the same or similar act will be dealt with severely

    SO ORDERED.

    Davide, Jr., C.J., Melo, Puno, Kapunan, Mendoza, Panganiban, Pardo, Buena, Gonzaga-Reyes, Ynares-Santiago, De Leon, Jr. and Sandoval-Gutierrez, JJ., concur.

    Bellosillo, J., took no part.

    Quisumbing, J., is on leave.

    Endnotes:



    1. Memorandum of the Office of the Court Administrator dated 29 January 2001, p. 4.

    2. Report on the Judicial Audit Conducted in Municipal Trial Court, Sibulan, Negros Oriental, 282 SCRA 463.

    3. Ibid.

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




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