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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
 

   
October-2001 Jurisprudence                 

  • G.R. No. 137841 October 1, 2001 - PEOPLE OF THE PHIL. v. ALBERTO CHUA

  • G.R. No. 117512 October 2, 2001 - REBECCA ALA-MARTIN v. HON. JUSTO M. SULTAN

  • G.R. No. 120098 October 2, 2001 - RUBY L. TSAI v. HON. COURT OF APPEALS EVER TEXTILE MILLS

  • G.R. No. 124037 October 2, 2001 - PEOPLE OF THE PHILIPPINES v. REYNALDO DE GUZMAN

  • G.R. No. 126592 October 2, 2001 - ROMEO G. DAVID v. JUDGE TIRSO D.C. VELASCO, ET AL.

  • G.R. No. 129900 October 2, 2001 - JANE CARAS y SOLITARIO v. HON. COURT OF APPEALS and PEOPLE OF THE PHILIPPINES

  • G.R. No. 133000 October 2, 2001 - PATRICIA NATCHER petitioner v. HON. COURT OF APPEALS AND THE HEIRS OF GRACIANO DEL ROSARIO-LETICIA DEL ROSARIO

  • G.R. No. 133895 October 2, 2001 - ZENAIDA M. SANTOS v. CALIXTO SANTOS, ET AL.

  • G.R. Nos. 135522-23 October 2, 2001 - PEOPLE OF THE PHIL. v. AMORSOLO G. TORRES

  • G.R. No. 137777 October 2, 2001 - THE PRESIDENTIAL AD-HOC FACT FINDING COMMITTEE, ET AL. v. THE HON. OMBUDSMAN ANIANO DESIERTO, ET AL.

  • G.R. No. 138322 October 2, 2001 - GRACE J. GARCIA v. REDERICK A. RECIO

  • G.R. No. 138929 October 2, 2001 - PEOPLE OF THE PHIL. v. FLORENTINO DEL MUNDO

  • G.R. No. 139050 October 2, 2001 - REPUBLIC OF THE PHILIPPINES v. THE COURT OF TAX APPEALS and AGFHA

  • G.R. No. 142877 October 2, 2001 - JINKIE CHRISTIE A. DE JESUS and JACQUELINE A. DE JESUS v. THE ESTATE OF DECEDENT JUAN GAMBOA DIZON

  • G.R. No. 125081 October 3, 2001 - PEOPLE OF THE PHILIPPINES v. REMEDIOS PASCUA

  • G.R. No. 128195 October 3, 2001 - ELIZABETH LEE and PACITA YULEE v. REPUBLIC OF THE PHILIPPINES

  • G.R. Nos. 128514 & 143856-61 October 3, 2001 - PEOPLE OF THE PHILIPPINES v. NILO LEONES

  • G.R. Nos. 142602-05 October 3, 2001 - PEOPLE OF THE PHILIPPINES v. BONIFACIO ARIOLA

  • A.M. No. 01-6-192-MCTC October 5, 2001 - Request To Designate Another Judge To Try And Decide Criminal Case No. 3713

  • A.M. No. RTJ-01-1610 October 5, 2001 - ATTY. EDGAR H. TALINGDAN v. JUDGE HENEDINO P. EDUARTE

  • G.R. No. 124498 October 5, 2001 - EDDIE B. SABANDAL v. HON. FELIPE S. TONGCO Presiding Judge

  • G.R. No. 127441 October 5, 2001 - DOROTEO TOBES @ DOTING v. COURT OF APPEALS

  • G.R. No. 130499 October 5, 2001 - PEOPLE OF THE PHILIPPINES v. PAMFILO QUIMSON @ "NOEL QUIMSON

  • G.R. No. 130962 October 5, 2001 - PEOPLE OF THE PHILIPPINES v. JOSE REAPOR y SAN JUAN

  • G.R. No. 131040 October 5, 2001 - PEOPLE OF THE PHIL. v. MICHAEL FRAMIO SABAGALA

  • G.R. No. 132044 October 5, 2001 - PEOPLE OF THE PHILIPPINES v. ANTONIO @ Tony EVANGELISTA Y BINAY

  • G.R. No. 132718 October 5, 2001 - PEOPLE OF THE PHILIPPINES v. JOSE CASTILLON III and JOHN DOE

  • G.R. Nos. 135452-53 October 5, 2001 - PEOPLE OF THE PHIL. v. IRENEO M. ALCOREZA

  • G.R. No. 139760 October 5, 2001 - FELIZARDO S. OBANDO v. HON. COURT OF APPEALS

  • G.R. No. 144189 October 5, 2001 - R & M GENERAL MERCHANDISE v. COURT OF APPEALS, ET AL.

  • G.R. No. 121948 October 8, 2001 - PERPETUAL HELP CREDIT COOPERATIVE v. BENEDICTO FABURADA

  • G.R. No. 123075 October 8, 2001 - PEOPLE OF THE PHIL. v. PEDRO L. NUELAN

  • G.R. No. 129926 October 8, 2001 - PEOPLE OF THE PHIL. v. NOLE M. ZATE

  • G.R. No. 137599 October 8, 2001 - PEOPLE OF THE PHILIPPINES v. GILBERT BAULITE and LIBERATO BAULITE

  • G.R. No. 138941 October 8, 2001 - AMERICAN HOME ASSURANCE COMPANY v. TANTUCO ENTERPRISES

  • G.R. No. 141297 October 8, 2001 - DOMINGO R. MANALO v. COURT OF APPEALS (Special Twelfth Division) and PAIC SAVINGS AND MORTGAGE BANK

  • A.M. No. 01-9-246-MCTC October 9, 2001 - OFFICE OF THE COURT ADMINISTRATOR v. JUDGE ALIPIO M. ARAGON

  • G.R. No. 138886 October 9, 2001 - PEOPLE OF THE PHILIPPINES v. SP01 WILFREDO LEAÑO SP01 FERDINAND MARZAN SPO1 RUBEN B. AGUSTIN SP02 RODEL T. MADERAL * SP02 ALEXANDER S. MICU and SP04 EMILIO M. RAMIREZ

  • G.R. No. 141182 October 9, 2001 - HEIRS OF PEDRO CUETO Represented by ASUNCION CUETO v. HON. COURT OF APPEALS (SPECIAL FORMER FIRST DIVISION) and CONSOLACION COMPUESTO

  • A.M. No. 99-12-03-SC October 10, 2001 - RE: INITIAL REPORTS ON THE GRENADE INCIDENT THAT OCCURRED AT ABOUT 6:40 A.M. ON DECEMBER 6, 1999

  • G.R. No. 129313 October 10, 2001 - SPOUSES MA. CRISTINA D. TIRONA and OSCAR TIRONA v. HON. FLORO P. ALEJO as Presiding Judge

  • G.R. Nos. 135679 & 137375 October 10, 2001 - PEOPLE OF THE PHILIPPINES v. GODOFREDO RUIZ

  • G.R. No. 136258 October 10, 2001 - PEOPLE OF THE PHIL. v. CARLOS FELICIANO

  • A.M. No. 2001-9-SC October 11, 2001 - DOROTEO IGOY v. GILBERT SORIANO

  • A.M. No. RTJ-99-1485 October 11, 2001 - TEOFILO C. SANTOS v. JUDGE FELICIANO V. BUENAVENTURA

  • G.R. No. 80796 & 132885 October 11, 2001 - PROVINCE OF CAMARINES NORTE v. PROVINCE OF QUEZON

  • G.R. No. 118387 October 11, 2001 - MARCELO LEE v. COURT OF APPEALS and HON. LORENZO B. VENERACION and HON. JAIME T. HAMOY

  • G.R. Nos. 123913-14 October 11,2001

    PEOPLE OF THE PHIL. v. PABLO CALLOS

  • G.R. No. 130415 October 11, 2001 - PEOPLE OF THE PHILIPPINES v. ALVIN YRAT y BUGAHOD and RAUL JIMENA, ET AL.

  • G.R. No. 130562 October 11, 2001 - Brigida Conculada v. Hon. Court Of Appeals

  • G.R. No. 112526 October 12, 2001 - STA. ROSA REALTY DEVELOPMENT CORPORATION v. COURT OF APPEALS

  • G.R. No. 122710 October 12, 2001 - PHILIPPINE NATIONAL BANK v. COURT OF APPEALS and REMINGTON INDUSTRIAL SALES CORPORATION

  • G.R. Nos. 134769-71 October 12, 2001 - PEOPLE OF THE PHIL. v. ROBERTO BATION

  • G.R. No. 137843 October 12, 2001 - PEOPLE OF THE PHIL. v. EDUARDO S. AÑONUEVO

  • G.R. No. 139904 October 12, 2001 - PEOPLE OF THE PHIL. v. CONRADO MERCADO

  • G.R. No. 136470 October 16, 2001 - VENANCIO R. NAVA v. COMMISSION ON AUDIT

  • G.R. No. 140794 October 16, 2001 - PEOPLE OF THE PHIL. v. RICARDO T. AGLIDAY

  • A.M. No. P-00-7-323-RTJ October 17, 2001 - RE: RELEASE BY JUDGE MANUEL T. MURO, RTC, BRANCH 54 MANILA, OF AN ACCUSED IN A NON-BAILABLE OFFENSE

  • A.M. No. P-00-1419 October 17, 2001 - OFFICE OF THE COURT ADMINISTRATOR v. MAGDALENA G. MAGNO

  • A.M. No. RTJ-97-1390 & AM RTJ-98-1411 October 17, 2001 - ATTY. CESAR B. MERIS v. JUDGE CARLOS C. OFILADA

  • G.R. No. 123137 October 17, 2001 - PEOPLE OF THE PHILIPPINES v. PO2 ALBERT ABRIOL

  • G.R. No. 124513 October 17, 2001 - ROBERTO ERQUIAGA v. HON. COURT OF APPEALS

  • G.R. No. 127540 October 17, 2001 - EUGENIO DOMINGO v. HON. COURT OF APPEALS

  • G.R. No. 127830 October 17, 2001 - MANOLET LAVIDES v. ERNESTO B. PRE

  • G.R. No. 129069 October 17, 2001 - PEOPLE OF THE PHIL. v. JULIO R. RECTO

  • G.R. No. 129236 October 17, 2001 - PEOPLE OF THE PHIL. v. RAYMUNDO G. DIZON

  • G.R. No. 129389 October 17, 2001 - PEOPLE OF THE PHILIPPINES v. TEODORICO UBALDO

  • G.R. Nos. 132673-75 October 17, 200

    PEOPLE OF THE PHIL. v. DOMINADOR C. GOMEZ

  • G.R. No. 136291 October 17, 2001 - LETICIA M. MAGSINO v. REPUBLIC OF THE PHILIPPINES

  • G.R. No. 136869 October 17, 2001 - PEOPLE OF THE PHILIPPINES v. DENNIS MAZO

  • G.R. No. 141673 October 17, 2001 - MANUEL L. QUEZON UNIVERSITY/AUGUSTO B. SUNICO v. NLRC (Third Division), ET AL.

  • G.R. No. 142726 October 17, 2001 - PEOPLE OF THE PHIL. v. APOLONIO ACOSTA

  • G.R. No. 143190 October 17, 2001 - ANTONIO P. BELICENA v. SECRETARY OF FINANCE

  • G.R. No. 143990 October 17, 2001 - MARIA L. ANIDO v. FILOMENO NEGADO and THE HONORABLE COURT OF APPEALS

  • G.R. Nos. 121039-45 October 18, 2001 - THE PEOPLE OF THE PHILIPPINES v. MAYOR ANTONIO L. SANCHEZ

  • G.R. No. 132869 October 18, 2001 - GREGORIO DE VERA v. COURT OF APPEALS

  • G.R. No. 143486 October 18, 2001 - PEOPLE OF THE PHILIPPINES v. MARIO DUMAGAY TUADA

  • G.R. No. 144735 October 18, 2001 - YU BUN GUAN v. ELVIRA ONG

  • G.R. No. 116285 October 19, 2001 - ANTONIO TAN v. COURT OF APPEALS and the .C.C.P

  • G.R. Nos. 121201-02 October 19, 2001 - THE PEOPLE OF THE PHILIPPINES plaintiff-appellee v. GIO CONCORCIO @ JUN

  • G.R. No. 129995 October 19, 2001 - THE PROVINCE OF BATAAN v. HON. PEDRO VILLAFUERTE

  • G.R. No. 130730 October 19, 2001 - HERNANDO GENER v. GREGORIO DE LEON and ZENAIDA FAUSTINO

  • G.R. No. 133002 October 19, 2001 - PEOPLE OF THE PHILIPPINES v. INTOY GALLO @ PALALAM

  • G.R. No. 137904 October 19, 2001 - PURIFICACION M. VDA. DE URBANO v. GOVERNMENT SERVICE INSURANCE SYSTEM (GSIS)

  • A.M. No. 99-12-497-RTC October 23, 2001 - REQUEST OF JUDGE FRANCISCO L. CALINGIN

  • G.R. No. 121267 October 23, 2001 - SMITH KLINE & FRENCH LABORATORIES v. COURT OF APPEALS, ET AL.

  • G.R. No. 124036 October 23, 2001 - FIDELINO GARCIA v. COURT OF APPEALS, ET AL.

  • G.R. No. 124295 October 23, 2001 - JUDGE RENATO A. FUENTES v. OFFICE OF THE OMBUDSMAN-MINDANAO

  • G.R. No. 125193 October 23, 2001 - MANUEL BARTOCILLO v. COURT OF APPEALS and the PEOPLE OF THE PHILIPPINES

  • G.R. No. 130846 October 23, 2001 - PEOPLE OF THE PHILIPPINES v. ROGELIO PAMILAR y REVOLIO

  • G.R. No. 131841 October 23, 2001 - PEOPLE OF THE PHILIPPINES v. RUBEN VILLARMOSA

  • G.R. No. 132373 October 23, 2001 - PEOPLE OF THE PHILIPPINES v. TIRSO ARCAY @ "TISOY" and TEODORO CLEMEN @ "BOY

  • G.R. No. 134740 October 23, 2001 - IRENE V. CRUZ v. COMMISSION ON AUDIT

  • G.R. No. 135481 October 23, 2001 - LIGAYA S. SANTOS v. COURT OF APPEALS, ET AL.

  • G.R. No. 136105 October 23, 2001 - PEOPLE OF THE PHILIPPINES v. ANTONIO PAREDES y SAUQUILLO

  • G.R. No. 136337 October 23, 2001 - PEOPLE OF THE PHILIPPINES v. NELSON CABUNTOG

  • G.R. No. 139114 October 23, 2001 - PEOPLE OF THE PHILIPPINES v. ROMAN LACAP Y CAILLES

  • G.R. No. 139274 October 23, 2001 - QUEZON PROVINCE v. HON. ABELIO M. MARTE

  • G.R. No. 139329 October 23, 2001 - PEOPLE OF THE PHILIPPINES v. ERLINDO MAKILANG

  • G.R. Nos. 140934-35 October 23, 2001 - PEOPLE OF THE PHILIPPINES v. CONDE RAPISORA y ESTRADA

  • A.M. No. RTJ-01-1634 October 25, 2001 - OFFICE OF THE COURT ADMINISTRATOR v. SILVERIO Q. CASTILLO

  • G.R. No. 102367 October 25, 2001 - PEOPLE OF THE PHILIPPINES v. ABUNDIO ALBARIDO and BENEDICTO IGDOY

  • G.R. No. 126359 October 25, 2001 - PEOPLE OF THE PHIL v. CARLITO OLIVA

  • G.R. No. 127465 October 25, 2001 - SPOUSES NICETAS DELOS SANTOS v. COURT OF APPEALS

  • G.R. No. 133102 October 25, 2001 - PEOPLE OF THE PHILIPPINES v. DINDO AMOGIS y CRINCIA

  • G.R. Nos. 134449-50 October 25, 2001 - PEOPLE OF THE PHILIPPINES v. PEDRO HERNANDEZ y PALMA

  • G.R. No. 135813 October 25, 2001 - FERNANDO SANTOS v. Spouses ARSENIO and NIEVES REYES

  • G.R. No. 135822 October 25, 2001 - PEOPLE OF THE PHILIPPINES v. PIO DACARA y NACIONAL

  • G.R. Nos. 137494-95 October 25, 2001 - THE PEOPLE OF THE PHILIPPINES v. SOTERO REYES alias "TURING"

  • G.R. Nos. 142741-43 October 25, 2001 - PEOPLE OF THE PHILIPPINES v. ROMEO MANAYAN

  • A.M. No. P-01-1474 October 26, 2001 - ANTONIO C. REYES v. JOSEFINA F. DELIM

  • G.R. No. 120548 October 26, 2001 - PEOPLE OF THE PHILIPPINES v. JOSELITO ESCARDA

  • G.R. Nos. 121492 & 124325 October 26, 2001 - BAN HUA UY FLORES v. JOHNNY K.H. UY

  • G.R. No. 132169 October 26, 2001 - PEOPLE OF THE PHILIPPINES v. SANICO NUEVO @ "SANY

  • G.R. No. 133741-42 October 26, 2001 - PEOPLE OF THE PHILIPPINES v. LINO VILLARUEL

  • G.R. No. 134802 October 26, 2001 - PEOPLE OF THE PHILIPPINES v. RENATO Z. DIZON

  • G.R. No. 135920 October 26, 2001 - ENCARNACION ET AL. v. SEVERINA REALTY CORPORATION

  • G.R. No. 140719 October 26, 2001 - NICOLAS UY DE BARON v. COURT OF APPEALS

  • G.R. No. 140912 October 26, 2001 - PEOPLE OF THE PHILIPPINES v. RODRIGO DIAZ Y SEVILLETA

  • G.R. No. 141540 October 26, 2001 - EDUARDO TAN v. FLORITA MUECO and ROLANDO MUECO

  • G.R. No. 143231 October 26, 2001 - ALBERTO LIM v. PEOPLE OF THE PHILIPPINES

  • G.R. No. 144237 October 26, 2001 - WINSTON C. RACOMA v. MA. ANTONIA B. F. BOMA

  • G.R. Nos. 146319 & 146342 October 26, 2001 - BENJAMIN E. CAWALING v. THE COMMISSION ON ELECTIONS

  • G.R. No. 146593 October 26, 2001 - UNITED COCONUT PLANTERS BANK v. ROBERTO V. ONGPIN

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    A.M. No. 99-12-497-RTC   October 23, 2001 - REQUEST OF JUDGE FRANCISCO L. CALINGIN

     
    PHILIPPINE SUPREME COURT DECISIONS

    EN BANC

    [A.M. No. 99-12-497-RTC. October 23, 2001.]

    Request of Judge Francisco L. Calingin, RTC-Branch 22, Cagayan de Oro City, for Extension of 90 Days to decide Criminal Cases Nos. 93-234, 98-239 and 96-692 and Civil Cases Nos. 98-01, 95-544

    R E S O L U T I O N


    DAVIDE, JR., C.J.:


    In a letter dated 16 October 1999 Judge Francisco L. Calingin of Branch 22 of the Regional Trial Court of Cagayan de Oro requested:chanrob1es virtual 1aw library

    (a) another extension of sixty (60) days within which to decide Criminal Case No. 98-01, which was submitted for decision on 26 February 1999, and Criminal Case No. 95-544, which was submitted for decision on 18 March 1999; andchanrob1es virtua1 1aw 1ibrary

    (b) an extended period of time to decide the following cases deemed submitted, to wit:chanrob1es virtual 1aw library

    Case No. Case Title Date submitted

    for Resolution

    CRIMINAL CASES:chanrob1es virtual 1aw library

    1) 93-234 People of the Philippines 4-12-99

    vs. Ybañez

    2) 98-239 People of the Philippines 8-30-99

    vs. Arances

    3) 96-692 People of the Philippines 1-30-99

    vs. Daclan

    CIVIL CASES:chanrob1es virtual 1aw library

    4) 96-357 Factura v. Uy 4-14-99

    5) 96-774 Manaya v. Pagapular 5-3-99

    In the Resolution of 25 January 2000, we granted Judge Calingin’s first request for another extension of 60 days, and on his second request he was given a period of 90 days to decide the cases enumerated in (b) above, reckoned from the expiration of the original period of 90 days. He was, however, required to explain why he requested the extensions only after the lapse of the original period to decide the cases.chanrob1es virtua1 1aw 1ibrary

    In his explanation dated 21 February 2000, Judge Calingin claimed he thought all the while that he could finish deciding those cases within the 90-day period. Unfortunately, the stenographers concerned were unable to finish transcribing the stenographic notes. He further informed us that he had already decided four of the seven cases mentioned above, to wit, Criminal Cases Nos. 96-692, 98-01, and 95-544, and Civil Case No. 96-774, as proved by the copies of said decisions attached to his explanation. He was apparently unable to resolve the remaining three cases because the necessary transcripts of stenographic notes have not yet been completed.

    We referred the explanation of Judge Calingin to the Office of the Court Administrator for evaluation and recommendation.

    In the Memorandum of 2 May 2000, then Officer-in-Charge of the Office of the Court Administrator, Bernardo T. Ponferrada, made the following evaluation and recommendation:chanrob1es virtual 1aw library

    1) A scrutiny of the attached copies of the decisions in question shows that Criminal Cases Nos. 96-692, 98-01, 95-544 and Civil Case No. 96-774, were all decided beyond the extended period of time within which to decide the case, and some remained undecided, namely Criminal Case No. 93-234, Criminal Case No. 98-239, and Civil Case No. 96-357.

    2) Judge Calingin’s explanation that the delay was due to the non-transcription of stenographic notes is not a valid reason to exculpate him from his infraction.’Transcription of stenographic notes and complicated nature of case is not a valid defense for not deciding a case within 90 days." (Guitante v. Bantuas, 95 SCRA 433)

    3) Despite the fact that Judge Calingin was granted a 90-day extension of time within which to decide Criminal Cases Nos. 93-234, 98-239, 96-692 and Civil Cases Nos. 96-357 and 96-774, and a second extension of 60 days to decide Criminal Cases Nos. 98-01 and 95-544, the dates of rendition of judgment on the cases attached in his letter dated 21 February 2000 reveal that the decisions were all rendered beyond the extended period of time granted him in the Resolution dated 25 January 2000.

    4) Rule 3.05, Canon 3 of the Code of Judicial Conduct, enjoins all judges to attend promptly to the business of the court and decide cases within the period fixed by law. A judge is mandated to render judgment not more than 90 days from the time a case is submitted for decision. This Court has held that the failure of a judge to render the decision within the prescribed period of 90 days constitutes serious misconduct.chanrob1es virtua1 1aw 1ibrary

    5) Thus, the OCA recommended that Judge Calingin be held liable for serious misconduct for failure to decide the aforementioned cases within the reglementary period, and a P5,000 fine be imposed upon him with stern warning that a repetition of the same or similar act(s) will be dealt with more severely.

    In view of the above findings and recommendation of Deputy Court Administrator Ponferrada, we required Judge Calingin, in our Resolution of 17 October 2000, to show cause why no disciplinary sanction should be imposed on him.

    In his letter of 28 November 2000, submitted in compliance with the foregoing resolution, Judge Calingin made the following explanation:chanrob1es virtual 1aw library

    Firstly, please be informed that aforesaid resolution of January 25, 2000 was received by undersigned on February 17, 2000 and secondly, undersigned started hearing cases in this sala on April 13, 1998.

    Be further informed that of the seven cases, to which extended period to decide the same was asked, four (4) of which are inherited cases or trials/hearings thereof were done before the previous presiding judge. These cases are Criminal Cases Nos. 93-234 and 96-692, Civil Cases Nos. 96-774 and 96-357. Thus, for undersigned to have adept knowledge in deciding these cases, complete stenographic notes must first be had, for your ready reference, please find below brief flow of these cases:chanrob1es virtual 1aw library

    Case No. Date filed Ist Trial Date submtd. TSN Date

    Date for Decision Cmpltd. Decided

    Crim. 93-234 1/28/93 6/08/93 3/19/99 2/4/00 2/28/00

    Crim. 96-692 8/16/96 6/26/97 11/10/98 1/1/00 2/28/00

    Cvl. 96-774 12/2/96 9/15/97 6/3/99 11/16/99 1/28/00

    Cvl. 96-357 5/31/96 10/2/97 5/10/99 2/23/00 7/6/00

    As regard Civil Case No. 96-357, which is for declaration of nullity of marriage, decision thereof was only done on July 6, 2000, as the Court in its order of February 28, 2000 required the Solicitor General to submit certification/comment to instant complaint pursuant to the SC ruling in the Molina case. However, the Solicitor General responded on April 3, 2000, by asking for copies of the TSN and other pleading in this case, to which the Court likewise complied with. The Court waited for the Certification/comment but it did not come at all, thus after almost two months of waiting, the decision came about.chanrob1es virtua1 1aw 1ibrary

    As regard the three (3) other cases, true indeed that they were decided beyond the period granted by Resolution dated January 25, 2000, but however two of which were decided before undersigned received the aforesaid resolution, they are Criminal Cases No. 08-01 and 95-544. The other Criminal Case No. 98-239 which is for Frustrated Homicide was decided on March 13, 2000 as the TSN was completed only on March 6, 2000 and besides this court give way in deciding the much older cases which are also submitted for decision as shown above. Please find also the brief case flow of these criminal cases:chanrob1es virtua1 1aw 1ibrary

    Case No. Date filed Ist Trial Date submitd. TSN Date

    Date for decision Completed Decided

    Crm. 98-01 1/2/98 8/14/98 2/26/99 11/8/99 12/27/99

    Crm. 95-544 8/23/95 8/5/98 3/18/99 2/1/00 2/4/00

    Crm. 98-239 4/18/98 10/6/98 8/30/99 3/6/00 2/4/00

    Undersigned would like to emphasize that had the transcript of stenographic notes were [sic] accomplished earlier, the cases would have been decided timely, for as can be gleaned from the facts presented almost all of the seven cases were decided less that a month after the TSN were completed.

    With this explanation, undersigned most respectfully sought [sic] the kind indulgence of the Honorable Supreme Court with respect to this matter with an assurance that henceforth this inadequacy, if any, will not be again done.

    In our resolution of 30 January 2001, we referred the above explanation of Judge Calingin to the Office of the Court Administrator for evaluation and recommendation, and on 5 March 2001 the Deputy Court Administrator filed his Memorandum wherein he states:chanrob1es virtual 1aw library

    It appears that the decision in Civil Case No. 96-357 was rendered only on July 6, 2000, due to the late submission of the Solicitor General’s comment on the complaint for "declaration of nullity of marriage" .

    With respect to the three (3) other cases, i.e., Criminal Case Nos. 98-01 and 95-544, he admits that they were decided beyond the period granted in the Resolution dated January 25, 2000, but pointed out that the cases were already decided before he received a copy of the Resolution. Criminal Case No. 98-239, for "Frustrated Murder was decided on March 13, 2000 as the TSN was completed only on March 6, 2000.

    It is to be noted that Judge Calingin pointed out in par. 3 of his 28 November 2000 letter that he started hearing cases in his sala on April 13, 1998. This being the fact and based on the dates of submission of the cases as reflected in his letter, all the cases were submitted to him for decision, notwithstanding that four (4) are inherited cases. Judge Calingin also admitted to have rendered his decision beyond the reglementary period and even beyond the extended time given him per Resolution dated January 25, 2000. And, as noted in our memorandum dated May 2, 2000, the non-transcription of stenographic notes could not be considered enough reason so as to exculpate him from the infraction committed.cralawred

    Deputy Court Administrator Ponferrada then recommends:chanrob1es virtual 1aw library

    ACCORDINGLY, it is respectfully submitted that: a) Judge Calingin be held liable for failure to decide the cases submitted to him for decision within the reglementary period; and b) as previously recommended in our memorandum dated May 6, 2000, Judge Calingin be FINED in the amount of FIVE THOUSAND PESOS with STERN WARNING that a repetition of the same or similar act(s) will be dealt with more severely.

    Time and again we have stressed the need to decide cases promptly and expeditiously, for it cannot be gainsaid that justice delayed is justice denied and delay in the disposition of cases undermines the people’s faith and confidence in the Judiciary. Judges must, therefore, decide cases with dispatch and the failure of a judge to render a decision within the reglementary period constitutes serious misconduct. (Cueva v. Judge Villanueva, 305 SCRA 459, 467 [1999], citing several cases). Under Section 9 of the amended Rule 140 of the Rules of Court, which took effect on 1 October 2001, this misconduct is classified as a less serious charge.chanrob1es virtua1 1aw library

    We are convinced that Judge Calingin tried his best to decide the cases within the 3-month period provided in Section 15, Article VIII of the Constitution. He could also be excused for his inability to decide the four inherited cases until the stenographic notes of the testimonies of the witnesses had been transcribed by the stenographers concerned. Considering that he did not personally hear the witnesses, he could not have taken down the notes of their testimonies. Consequently, the rule that judges should not wait for the transcripts of the stenographic notes, but should decide the cases on the basis of the notes which they are required to take, will not apply to Judge Calingin.

    The neglect of duty or misconduct committed by Judge Calingin lies more in his asking for extension of time to decide the cases after the lapse of the 3-month period and in failing to decide them within the extended period. His explanation that he was of the firm belief that the stenographers would be able to submit their transcripts on time, but that, unfortunately, they failed to do is unacceptable. For one, it is self-serving as no stenographer signed an affidavit admitting failure to transcribe the stenographic notes. For another, exercise of due diligence demanded that he should keep on reminding the stenographers before the end of the 3-month period about the transcription. If he did, he would have known that it may have been physically impossible for them to finish the task; hence, he could have seasonably requested an extension of time to decide the cases.chanrob1es virtua1 1aw 1ibrary

    WHEREFORE, for neglect of duty or misconduct, respondent Judge FRANCISCO L. CALINGIN, is fined in the amount of Three Thousand Pesos (P3,000) payable within ten (10) days from his receipt of a copy of this Resolution. He is further warned that the commission in the future of a similar infraction shall be dealt with more severely.

    SO ORDERED.

    Bellosillo, Melo, Puno, Kapunan, Mendoza, Panganiban, Quisumbing, Pardo, Buena, Ynares-Santiago, De Leon Jr. and Sandoval-Gutierrez, JJ., concur.

    Vitug, J., on official leave.

    A.M. No. 99-12-497-RTC   October 23, 2001 - REQUEST OF JUDGE FRANCISCO L. CALINGIN


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