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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
 

   
November-2001 Jurisprudence                 

  • G.R. No. 137968 November 6, 2001 - PEOPLE OF THE PHIL. v. ALEJANDRE DELOS SANTOS

  • G.R. Nos. 123138-39 November 8, 2001 - PEOPLE OF THE PHILS. v. HONESTO LLANDELAR

  • A.M. MTJ-01-1375 November 13, 2001 - REPORT ON THE JUDICIAL AUDIT IN THE MTCs of CALASIAO. BINMALEY

  • A.M. No. RTJ-00-1601 November 13, 2001 - ELIEZER A. SIBAYAN-JOAQUIN v. ROBERTO S. JAVELLANA

  • G.R. No. 104629 November 13, 2001 - PEOPLE OF THE PHIL. v. JULIUS KINOK

  • G.R. No. 134498 November 13, 2001 - CELIA M. MERIZ v. PEOPLE OF THE PHIL

  • G.R. Nos. 135454-56 November 13, 2001 - PEOPLE OF THE PHIL v. RODERICK SANTOS

  • A.M. No. CA-01-10-P November 14, 2001 - ALDA C. FLORIA v. CURIE F. SUNGA, ET AL.

  • A.M. No. P-01-1518 November 14, 2001 - ANTONIO A. ARROYO v. SANCHO L. ALCANTARA

  • G.R. No. 122736 November 14, 2001 - PEOPLE OF THE PHIL. v. FROILAN PADILLA

  • G.R. No. 123819 November 14, 2001 - PEOPLE OF THE PHIL. v. STEPHEN MARK WHISENHUNT

  • G.R. No. 133877 November 14, 2001 - RIZAL COMMERCIAL BANKING CORPORATION v. ALFA RTW MANUFACTURING CORPORATION

  • G.R. No. 133910 November 14, 2001 - PEOPLE OF THE PHILIPPINES v. JOSE VIRREY y DEHITO

  • G.R. No. 135511-13 November 14, 2001 - THE PEOPLE OF THE PHILIPPINES v. ENTICO MARIANO y EXCONDE

  • G.R. No. 137613 November 14, 2001 - PEOPLE OF THE PHIL. v. ROSALITO CABOQUIN

  • G.R. No. 138914 November 14, 2001 - PEOPLE OF THE PHIL. v. EFREN MANTES, ET AL.

  • G.R. No. 142870 November 14, 2001 - PEOPLE OF THE PHIL. v. DINDO F. PAJOTAL, ET AL.

  • G.R. Nos. 143513 & 143590 November 14, 2001 - POLYTECHNIC UNIVERSITY OF THE PHILIPPINES v. COURT OF APPEALS and FIRESTONE CERAMICS

  • A.M. No. RTJ-00-1599 November 15, 2001 - TRANQUILINO F. MERIS v. JUDGE FLORENTINO M. ALUMBRES

  • G.R. No. 123213 November 15, 2001 - NEPOMUCENA BRUTAS v. COURT OF APPEALS, ET AL.

  • G.R. No. 126584 November 15, 2001 - VALLEY LAND RESOURCES, INC., ET AL. v. VALLEY GOLF CLUB INC.

  • G.R. No. 127897 November 15, 2001 - DELSAN TRANSPORT LINES v. COURT OF APPEALS, ET AL.

  • G.R. No. 129018 November 15, 2001 - CARMELITA LEAÑO v. COURT OF APPEALS, ET AL.

  • G.R. No. 136017 November 15, 2001 - PEOPLE OF THE PHIL. v. JERRY BANTILING

  • G.R. No. 136143 November 15, 2001 - PEOPLE OF THE PHILIPPINES v. AGAPITO CABOTE a.k.a. "PITO"

  • G.R. No. 137255 November 15, 2001 - PEOPLE OF THE PHIL. v. NOEL MAMALAYAN, ET AL.

  • G.R. No. 137369 November 15, 2001 - PEOPLE OF THE PHILIPPINES v. ALIAS KOBEN VISTA

  • G.R. No. 141811 November 15, 2001 - FIRST METRO INVESTMENT CORPORATION v. ESTE DEL SOL MOUNTAIN RESERVE

  • G.R. No. 145275 November 15, 2001 - COMMISSIONER OF INTERNAL REVENUE v. LA CAMPANA FABRICA DE TABACOS

  • G.R. No. 148326 November 15, 2001 - PABLO C. VILLABER Petitioner v. COMMISSION ON ELECTIONS and REP. DOUGLAS R. CAGAS

  • A.M. No. MTJ-01-1382 November 16, 2001 - MARIO W. CHILAGAN v. EMELINA L. CATTILING

  • A.M. No. P-00-1411 November 16, 2001 - FELICIDAD JACOB v. JUDITH T. TAMBO

  • G.R. No. 120274 November 16, 2001 - SPOUSES FRANCISCO A. PADILLA and GERALDINE S. PADILLA v. COURT OF APPEALS and SPOUSES CLAUDIO AÑONUEVO and CARMELITA AÑONUEVO

  • G.R. No. 127003 November 16, 2001 - THE PEOPLE OF THE PHIL v. FAUSTINO GABON

  • G.R. Nos. 132875-76 November 16, 2001 - PEOPLE OF THE PHIL. v. ROMEO G. JALOSJOS

  • G.R. No. 132916 November 16, 2001 - RUFINA TANCINCO v. GSIS, ET AL.

  • G.R. No. 133437 November 16, 2001 - PEOPLE OF THE PHILIPPINES v. RONALD SAMSON

  • G.R. No. 134486 November 16, 2001 - PEOPLE OF THE PHIL. v. CLEMENTE DAYNA

  • G.R. No. 135038 November 16, 2001 - ROLANDO Y. TAN v. COURT OF APPEALS, ET AL.

  • G.R. No. 142654 November 16, 2001 - PEOPLE OF THE PHIL v. ROLANDO MENDOZA

  • G.R. No. 143802 November 16, 2001 - REYNOLAN T. SALES v. SANDIGANBAYAN, ET AL.

  • G.R. No. 129175 November 19, 2001 - RUBEN N. BARRAMEDA, ET AL. v. ROMEO ATIENZA, ET AL.

  • G.R. No. 130945 November 19, 2001 - PEOPLE OF THE PHIL. v. ALBERTO CONDINO

  • G.R. No. 132724 November 19, 2001 - PEOPLE OF THE PHILIPPINES v. RENIEL SANAHON

  • G.R. Nos. 138358-59 November 19, 2001 - PEOPLE OF THE PHIL. v. CLAUDIO B. DELA PEÑA

  • G.R. No. 138661 November 19, 2001 - PEOPLE OF THE PHIL. v. JERSON E. ACOJEDO

  • G.R. No. 140920 November 19, 2001 - JUAN LORENZO B. BORDALLO, ET AL. v. THE PROFESSIONAL REGULATIONS COMMISSION AND THE BOARD OF MARINE DECK OFFICERS

  • G.R. No. 148560 November 19, 2001 - JOSEPH EJERCITO ESTRADA v. SANDIGANBAYAN (Third Division) and PEOPLE OF THE PHILIPPINES

  • G.R. No. 91486 November 20, 2001 - ALBERTO G. PINLAC v. COURT OF APPEALS, ET AL.

  • G.R. No. 122276 November 20, 2001 - RODRIGO ALMUETE ET AL., v. MARCELO ANDRES, ET AL.

  • G.R. No. 126204 November 20, 2001 - NAPOCOR v. PHILIPP BROTHERS OCEANIC

  • G.R. Nos. 126538-39 November 20, 2001 - PEOPLE OF THE PHILIPPINES v. RODELIO MARCELO

  • G.R. No. 129234 November 20, 2001 - THERMPHIL v. COURT OF APPEALS ET AL.

  • G.R. No. 140032 November 20, 2001 - PEOPLE OF THE PHILIPPINES v. ANGEL C. BALDOZ and MARY GRACE NEBRE

  • G.R. No. 140692 November 20, 2001 - ROGELIO C. DAYAN v. BANK OF THE PHILIPPINE ISLANDS, ET AL.

  • G.R. No. 144401 November 20, 2001 - PEOPLE OF THE PHIL. v. JOEL GALISIM

  • A.M. No. MTJ-99-1207 November 21, 2001 - NBI v. FRANCISCO D. VILLANUEVA

  • A.M. No. P- 01-1520 November 21, 2001 - MARILOU A. CABANATAN v. CRISOSTOMO T. MOLINA

  • A.M. Nos. RTJ-00-1561 & RTJ-01-1659 November 21, 2001 - CARINA AGARAO v. Judge JOSE J. PARENTELA

  • G.R. No. 125356 November 21, 2001 - SUPREME TRANSLINER INC. v. HON. COURT OF APPEALS, ET AL.

  • G.R. No. 132839 November 21, 2001 - ERIC C. ONG v. HON. COURT OF APPEALS and THE PEOPLE OF THE PHILIPPINES

  • G.R. No. 133879 November 21, 2001 - EQUATORIAL REALTY DEVELOPMENT v. MAYFAIR THEATER

  • G.R. No. 136748 November 21, 2001 - PEOPLE OF THE PHIL. v. JUANITO ET AL.

  • G.R. No. 137457 November 21, 2001 - PEOPLE OF THE PHIL. v. ROSAURO SIA

  • G.R. No. 141881 November 21, 2001 - THE PEOPLE OF THE PHILIPPINES v. VIRGILIO BERNABE y RAFOL

  • A.M. No RTJ-01-1664 November 22, 2001 - ALFREDO CAÑADA v. VICTORINO MONTECILLO

  • G.R. No. 109648 November 22, 2001 - PH CREDIT CORPORATION v. COURT OF APPEALS and CARLOS M. FARRALES

  • G.R. Nos. 111502-04 November 22, 2001 - REYNALDO H. JAYLO, ET AL. v. SANDIGANBAYAN

  • G.R. No. 113218 November 22, 2001 - ALEJANDRO TECSON v. HON. COURT OF APPEALS ET AL.

  • G.R. No. 113541 November 22, 2001 - HONGKONG AND SHANGHAI BANKING CORP. EMPLOYEES UNION v. NLRC, ET AL.

  • G.R. No. 118462 November 22, 2001 - LEOPOLDO GARRIDO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 123893 November 22, 2001 - LUISITO PADILLA , ET AL. v. THE HONORABLE COURT OF APPEALS, ET AL.

  • G.R. No. 129660 November 22, 2001 - BIENVENIDO P. JABAN and LYDIA B. JABAN v. HON. COURT OF APPEALS, ET AL.

  • G.R. No. 130628 November 22, 2001 - PEOPLE OF THE PHIL. v. PAULINO LEONAR

  • G.R. No. 132743 November 22, 2001 - PEOPLE OF THE PHIL. v. MARCIAL CAÑARES Y ORBES

  • G.R. No. 133861 November 22, 2001 - PEOPLE OF THE PHIL. v. ROBERTO SO

  • G.R. Nos. 135853-54 November 22, 2001 - PEOPLE OF THE PHIL. v. OPENIANO LACISTE

  • G.R. No. 135863 November 22, 2001 - PEOPLE OF THE PHIL. v. VlRGILIO LORICA

  • G.R. Nos. 136317-18 November 22, 2001 - PEOPLE OF THE PHIL. v. EDUARDO YAOTO

  • G.R. No. 136586 November 22, 2001 - JON AND MARISSA DE YSASI v. ARTURO AND ESTELA ARCEO

  • G.R. No. 139563 November 22, 2001 - THE PEOPLE OF THE PHIL.. v. AMADOR BISMONTE y BERINGUELA

  • G.R. Nos. 139959-60 November 22, 2001 - PEOPLE OF THE PHIL. v. DEOGRACIAS BURGOS

  • G.R. No. 141602 November 22, 2001 - PACSPORTS PHILS. v. NICCOLO SPORTS, INC.

  • G.R. No. 142316 November 22, 2001 - FRANCISCO A.G. DE LIANO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 143939 November 22, 2001 - HEIRS OF ROSARIO POSADAS REALTY v. ROSENDO.BANTUG

  • G.R. No. 145475 November 22, 2001 - PEOPLE OF THE PHILIPPINES v. EUSEBIO PUNSALAN

  • G.R. No. 145851 November 22, 2001 - ABELARDO B. LICAROS v. THE SANDIGANBAYAN, ET AL.

  • G.R. No. 146683 November 22, 2001 - CIRILA ARCABA v. ERLINDA TABANCURA VDA. DE BATOCAEL, ET AL.

  • A.M. No. RTJ-00-1562 November 23, 2001 - CAVITE CRUSADE FOR GOOD GOVERNMENT v. JUDGE NOVATO CAJIGAL

  • G.R. No. 126334 November 23, 2001 - EMILIO EMNACE v. COURT OF APPEALS, ET AL.

  • G.R. No. 128886 November 23, 2001 - PEOPLE OF THE PHIL. v. JESUS JULIANDA, JR., ET AL.

  • G.R. No. 142044 November 23, 2001 - PEOPLE OF THE PHIL. v. TOBECHUKWU NICHOLAS

  • G.R. No. 144309 November 23, 2001 - SOLID TRIANGLE SALES CORPORATION and ROBERT SITCHON v. THE SHERIFF OF RTC QC, ET AL.

  • A.M. No. RTJ-01-1662 November 26, 2001 - VICTOR TUZON v. LORETO CLORIBEL-PURUGGANAN

  • G.R. No. 138303 November 26, 2001 - PEOPLE OF THE PHIL. v. ELROSWELL MANZANO

  • G.R. Nos. 100940-41 November 27, 2001 - PEOPLE OF THE PHILIPPINES v. AGUSTIN LADAO y LORETO, ET AL.

  • G.R. No. 128285 November 27, 2001 - PEOPLE OF THE PHILS. v. ANTONIO PLANA, ET AL.

  • G.R. Nos. 130409-10 November 27, 2001 - PEOPLE OF THE PHIL. v. JOSUE B. DUMLAO

  • G.R. No. 130907 November 27, 2001 - REPUBLIC OF THE PHIL. v. HON. CESAR A MANGROBANG, ET AL.

  • G.R. No. 130963 November 27, 2001 - PEOPLE OF THE PHIL. v. MARIANO PASCUA

  • G.R. No. 133381 November 27, 2001 - PEOPLE OF THE PHIL. v. ROMULO VILLAVER, ET. AL.

  • G.R. No. 140858 November 27, 2001 - SPOUSES PAPA and LOLITA MANALILI v. SPOUSES ARSENIO and GLICERIA DE LEON

  • G.R. No. 142523 November 27, 2001 - MARIANO L. GUMABON, ET AL. v. AQUILINO T. LARIN

  • G.R. No. 144464 November 27, 2001 - GILDA G. CRUZ and ZENAIDA C. PAITIM v. THE CIVIL SERVICE COMMISSION

  • A.M. No. 00-8-05-SC November 28, 2001 - RE: PROBLEM OF DELAYS IN CASES BEFORE THE SANDIGANBAYAN

  • G.R. No. 128516 November 28, 2001 - DULOS REALTY and DEVELOPMENT CORP. v. COURT OF APPEALS, ET. AL.

  • A.M. No. P-01-1485 November 29, 2001 - OFFICE OF THE COURT ADMINISTRATOR v. MARIE YVETTE GO, ET AL

  • A.M. No. P-01-1522 November 29, 2001 - JUDGE ANTONIO J. FINEZA v. ROMEO P. ARUELO

  • A.M. No. RTJ-01-1665 November 29, 2001 - ROSAURO M. MIRANDA v. JUDGE CESAR A MANGROBANG

  • G.R. No. 119707 November 29, 2001 - VERONICA PADILLO v. COURT OF APPEALS

  • G.R. No. 121703 November 29, 2001 - NATIVIDAD T. TANGALIN v. COURT OF APPEALS, ET AL.

  • G.R. No. 126524 November 29, 2001 - BPI INVESTMENT CORP. v. D.G. CARREON COMMERCIAL CORP., ET AL.

  • G.R. No. 129282 November 29, 2001 - DMPI EMPLOYEES CREDIT COOPERATIVE v. ALEJANDRO M. VELEZ, ET AL.

  • G.R. Nos. 129609 & 135537 November 29, 2001 - RODIL ENTERPRISES v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 130326 & 137868 November 29, 2001 - COMPANIA GENERAL DE TABACOS DE FILIPINAS AND MANILA TOBACCO TRADING v. THE COURT OF APPEALS

  • G.R. Nos. 132066-67 November 29, 2001 - PEOPLE OF THE PHIL. v. BALAS MEDIOS

  • G.R. No. 132133 November 29, 2001 - PEOPLE OF THE PHILIPPINES v. WILLIAM ALPE y CUATRO

  • G.R. No. 136848 November 29, 2001 - PEOPLE OF THE PHIL. v. RENATO T. RAMIREZ

  • G.R. No. 137815 November 29, 2001 - JUANITA T. SERING v. COURT OF APPEALS, ET AL.

  • G.R. No. 138489 November 29, 2001 - ELEANOR DELA CRUZ, ET AL. v. COMMISSION ON AUDIT

  • G.R. No. 139470 November 29, 2001 - PEOPLE OF THE PHIL. v. SPO2 ANTONIO B. BENOZA

  • G.R. No. 140386 November 29, 2001 - PEOPLE OF THE PHIL. v. BENNY ACOSTA

  • G.R. No. 141386 November 29, 2001 - COMMISSION ON AUDIT OF THE PROVINCE OF CEBU v. PROVINCE OF CEBU

  • G.R. Nos. 141702-03 November 29, 2001 - CATHAY PACIFIC AIRWAYS v. NLRC and MARTHA Z. SINGSON

  • G.R. No. 142606 November 29, 2001 - PEOPLE OF THE PHILIPPINES v. NESTOR MUNTA

  • G.R. No. 143127 November 29, 2001 - PEOPLE OF THE PHIL. v. RAUL RUBARES Y CAROLINO

  • G.R. No. 143703 November 29, 2001 - PEOPLE OF THE PHIL v. JOSE V. MUSA

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    A.M. No RTJ-01-1664   November 22, 2001 - ALFREDO CAÑADA v. VICTORINO MONTECILLO

     
    PHILIPPINE SUPREME COURT DECISIONS

    THIRD DIVISION

    [A.M. No. 411664. November 22, 2001.]

    (A.M. OCA I.P.I No. 97-336-RTJ)

    ALFREDO CAÑADA, JR., Complainant, v. JUDGE VICTORINO MONTECILLO, RTC, Branch 57, Cebu City, Respondent.

    D E C I S I O N


    VITUG, J.:


    Respondent Judge Victorino V. Montecillo, Presiding Judge of Branch 57, of the Regional Trial Court of Cebu City, was charged by Alfredo Cañada, Jr., through a sworn letter-complaint, dated 18 February 1997, with violation of Section 1.1 of Administrative Circular No. 1, Series of 1988, in relation to Article VIII, Section 15(1), of the 1987 Constitution relative to Civil Case No. CEB-14427, entitled, "Gavino Jabutay, Et. Al. v. Felix Gochan and Sons, Et. Al."cralaw virtua1aw library

    The case stemmed out of a land dispute. Vicente Cañada (Vicente), predecessor of complainant Alfredo Cañada (Alfredo) and Olympia Jabutay (Olympia), filed during his lifetime Civil Case No. R-1630 with the Court of First Instance of the City of Cebu, involving a parcel of land denominated Lot 6733. The case was resolved in favor of Vicente. The adverse party, who assailed the decision before the Court of Appeals in CA-G.R. No. 22909-R, later sold, during the pendency of the appeal, the property to Felix Gochan & Sons Realty Corporation (FGSRC). In an attempt to recover the land, Vicente filed a case, docketed Civil Case No. R-6130, against FGSRC. The Court of Appeals ultimately upheld the decision of the trial court in Civil Case No. R-1630. After the demise of Vicente, Mona Lisa Ma. Reyes (Reyes), his counsel’s daughter, supposedly acquired the parcel by dacion en pago. On 14 January 1969, Reyes filed a motion to dismiss Civil Case No. R-6130 asseverating that she, instead of Vicente, was the real party-in-interest. The case was thereupon dismissed on that ground.

    On 13 November 1993, the heirs of Juan Jabutay and the heirs of Angela Pacana filed Civil Case No. CEB-14427 against FGSRC. The heirs of Olympia were impleaded party defendants or unwilling plaintiffs. FGSRC filed a motion to dismiss the case moored on grounds of prescription and res judicata. On 16 February 1994, the trial court denied their plea. During the presentation of plaintiff’s evidence, respondent judge ordered the proceedings discontinued since, as he so indicated, the parties had agreed on almost all major points of contention. Respondent judge thus enjoined the parties to submit their "Proposed Stipulation of Facts;" his order read:chanrob1es virtua1 1aw 1ibrary

    "During the testimony of the second witness for the plaintiffs, the Court observed that instead of proceeding further presentation of evidence by the parties, the parties are agreed substantially on almost all major points. In the light of said development, the parties could present their stipulations of facts. After the submission of their proposed stipulations of facts, a final stipulation of facts will be drafted on the basis of which the parties will submit the case for decision. Parties are given thirty (30) days from today within which to submit their proposed stipulations of facts. Parties are notified in open court." 1

    FGSRC, in ostensible compliance, merely reiterated its defense of res judicata and prescription. Complainant, on 05 June 1995, filed a motion for summary judgment which was not resolved until 09 January 1996, or after the lapse of seven (7) months, when respondent judge, finally denied said motion; thus —

    "This is to resolve plaintiffs’ Motion for Summary Judgment and Resolution of the Affirmative Defenses of the Corporation dated: June 5, 1995, July 17, 1995, August 7, 1995, October 11, 1995, November 10, 1995, December 4, 1995 and December 29, 1995.

    "The affirmative defenses of the corporation which plaintiffs pray to be resolved are:jgc:chanrobles.com.ph

    "1. prescription

    "2. res judicata and

    "3. that the corporation is an innocent purchaser for value.

    "Records show that all these defenses have been resolved by denial in the order dated February 10, 1994. Hence, plaintiffs’ motion for resolution is already moot and academic.

    "On the motion for summary judgment, plaintiffs contend that the corporation judicially admitted the absence of a Board Resolution and Special Power of Attorney, and therefore it is not an innocent purchaser for value.’ Based on this admission plaintiffs claim that summary judgment is proper. The court disagrees with plaintiffs. Whether there was the absence of a Board Resolution or Special Power of Attorney, the issue of who has a better right over the parcel of land subject matter of this case can not be resolved. Hence, summary judgment is not proper and the same is hereby denied.

    "Although at the hearing last February 13, 1995, the court observed that the parties are agreed substantially on almost all major points and directed the parties to submit their proposed stipulations of facts, the proposals for stipulation submitted by the parties do not meet. There is therefore the necessity of hearing this case. The marking of the parties’ exhibits shall be done at the continuation of the hearing of this case.

    "Set this case for hearing on February 1, 1996 at 9:00 o’clock in the morning.

    "Notify parties and counsel." 2

    On 28 January 1996, complainant filed a motion for reconsideration from the denial of his plea for summary judgment. The incident remained unresolved.

    In his comment, respondent judge contended that he had directed the parties to submit their proposed stipulation of facts as early as 13 February 1995. No such stipulation having been filed, he issued subsequent orders for the parties to make their submissions in the firm belief that he could hand down his judgment forthwith. He also averred that he was burdened with his other duties as acting Presiding Judge of Branch 8 and, later, of Branch 7 and Branch 12 of the Regional Trial Court of Cebu City. Due to his mounting caseload, he admitted having missed to resolve the pending incident in Civil Case No. CEB 1442. He acknowledged an acquaintance with Atty. Valentino Legaspi who, like him, were once officers of the Cebu City Chapter of the Integrated Bar of the Philippines but that, he said, was just about all.chanrob1es virtua1 1aw 1ibrary

    The raison d’etre of courts is not only in properly dispensing justice but also in their being able to do that seasonably. Understandably, trial judges who man the courts are exhorted to dispose of cases before them within the periods prescribed therefor. 3 Section 15(1), Article VIII of the 1987 Constitution, provides:jgc:chanrobles.com.ph

    "All cases or matters filed after the effectivity of this Constitution must be decided or resolved within twenty-four months from date of submission for the Supreme Court, and, unless reduced by the Supreme Court, twelve months for all lower collegiate courts, and three months for all other lower courts."cralaw virtua1aw library

    Consonantly, Section 11.1 and Section 6 of SC-Administrative Circular No. 1, Series of 1998, requires strict compliance with the mandated periods and enjoins all presiding judges to act promptly on all matters pending before their courts.

    It would indeed appear that numerous delays plagued the final resolution of Civil Case No. CEB-14427. The complainant’s 05th June 1995 "Motion for Summary Judgment was not resolved until 09 January 1996, or only seven (7) months after it was filed, and the 28th January 1996 "Motion for Reconsideration" from the denial remained pending up to the date of filing of the instant complaint.

    Respondent judge’s riposte is feeble. It is still incumbent upon the trial court judge to organize his court 4 and manage its dockets 5 in a way that could allow the business of the court to be acted upon with reasonable dispatch. 6 If, otherwise, it becomes unavoidable, the judge is not precluded from seeking additional time within which to dispose of the matter by filing beforehand with the Supreme Court a request for such extension. 7 Respondent Judge, unfortunately, has even failed to resort to such a simple step. Nevertheless, the Court must acknowledge his extra-heavy caseload, not merely in his own sala but also in his additionally assigned branches as well and agrees with an imposition of only a fine of P1,000.00 recommended by the Office of the Court Administrator.

    WHEREFORE, the Court, finding Judge Victorino Montecillo to have failed to seasonably act in Civil Case No. CEB-14427, imposes on respondent a fine of One Thousand (P1,000.00) Pesos deductible from his retirement benefits. The Financial Management Office, Office of the Court Administrator, is directed to immediately release any balance due him from his retirement benefits.chanrob1es virtua1 1aw 1ibrary

    SO ORDERED.

    Melo, Panganiban, Sandoval-Gutierrez and Carpio, JJ., concur.

    Endnotes:



    1. Annex "A" .

    2. Annex "B" .

    3. Re: Report on the Judicial Audit of Cases in the Regional Trial Court, Branch 35, Iriga City, 299 SCRA 382.

    4. Sy Bang v. Mendez, 287 SCRA 84.

    5. Canon 3, Rule 3.09 of the Judicial Code of Conduct.

    6. Re: Report on the Judicial Audit of Cases in the Regional Trial Court, Branch 35, Iriga City, 299 SCRA 382.

    7. Report on the Judicial Audit Conducted in RTC Branches 61 & 63, Quezon, MTC Calauag, Quezon & Tagkawayan Quezon, 328 SCRA 543; Lotino v. Hernandez, 333 SCRA 1.

    A.M. No RTJ-01-1664   November 22, 2001 - ALFREDO CAÑADA v. VICTORINO MONTECILLO


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