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RESOLUTIONNACHURA, J.: Judge Meliton G. Emuslan, Regional Trial Court (RTC) Judge, Branch 47, Urdaneta, Pangasinan, applied for Compulsory Retirement Benefits under Republic Act No. 910, as amended, effective October 23, 2009.In the process of completing his Certificate of Clearance, however, his Branch Clerk of Court, Atty. Concepcion A. Macabitas, issued a certification that Judge Emuslan had forty-three (43) cases already submitted for decision that had remained undecided beyond the reglementary period. The judge did not indicate any reason for not acting on the forty-three (43) cases, except in Criminal Case No. U-9757, entitled People v. Amor Pader, for Illegal Possession of Prohibited Drugs, wherein he attributed the delay to lack of transcript of stenographic notes.chanroblesvirtua|awlibary Because of this, the Office of the Court Administrator (OCA), in a Memorandum dated January 11, 2010, withheld the Payment of Judge Emuslans retirement/gratuity benefits.chanroblesvirtua|awlibary In its
report, the OCA found respondent liable for gross inefficiency, and recommended
that he be fined Under the circumstances, we find the OCAs recommendation in order.chanroblesvirtua|awlibary Section 15, Article VIII of the 1987 Constitution mandates lower courts to decide or resolve cases or matters for decision or final resolution within three (3) months from date of submission.Failure to decide cases within the 90-day reglementary period may warrant imposition of administrative sanctions on the erring judge. Canon 3, Rule 3.05 of the Code of Judicial Conduct enjoins judges to dispose of their business promptly and to decide cases within the required period.Thus, all cases or matters must be decided or resolved by all lower courts within a period of three (3) months from submission.chanroblesvirtua|awlibary Furthermore, the Court, in Administrative Circular No. 3-99 dated January 15, 1999, requires all judges to scrupulously observe the periods prescribed in the Constitution for deciding cases, because failure to comply therewith violates the constitutional right of the parties to speedy disposition of their cases.chanroblesvirtua|awlibary Likewise, Administrative Circular No. 28, dated July 3, 1989, expressly provides that: (3) x x x Lack of transcript of stenographic notes shall not be a valid reason to interrupt or suspend the period for deciding the case x x x.chanroblesvirtua|awlibary Under
Section 9(1), Rule 140, Revised Rules of Court, undue delay in rendering a
decision constitutes a less serious charge punishable under Section 11(b) of
the same Rule by either suspension from office without salary and other
benefits for not less than one (1) month but not more than three (3) months, or
a fine of more than Ten Thousand Pesos ( Because Judge Emuslan could not proffer any valid excuse, his failure to decide the 43 cases translates to gross inefficiency in the performance of his duties.He should be held administratively liable.chanroblesvirtua|awlibary The
Court, in its Resolution dated November 19, 2008 in A.M. No. RTJ-08-2155 (The Office of the Court Administrator v.
Judge Rosario B. Torrecampo, Regional Trial Court, Branch 33, Pili, Camarines
Sur), imposed a fine of Fifty Thousand Pesos ( In A.M.
No. 09-4-175-RTC (Re:Cases Submitted for Decision Before Hon.
Bayani Isamu Y. Ilano, Former Judge, Regional Trial Court, Branch 71, Antipolo
City), the Court imposed a fine of Fifty Thousand Pesos ( Again,
in A.M. No. 09-11-477-RTC (Re:Cases Submitted for Decision Before Hon.
Guillermo R. Andaya, Former Judge, Regional Trial Court, Branch 53, Lucena
City), the Court imposed a fine of Fifty Thousand Pesos ( Members
of the judiciary have the sworn duty to administer justice without undue delay.
Thus, failure to decide cases within the
periods fixed by law warrants the imposition of administrative sanctions.
Considering the number of cases left undecided and the lack of any plausible
explanation for such delay, the imposition of a fine of FIFTY THOUSAND PESOS ( WHEREFORE, the Court finds Judge
Meliton G. Emuslan, Regional Trial Court, Branch 47, Urdaneta City, Pangasinan,
GUILTY of Gross Inefficiency for
failure to decide the forty-three (43) cases submitted for decision within the
reglementary period, and hereby imposes a fine of SO ORDERED. ANTONIO EDUARDO B. NACHURA Associate Justice WE CONCUR: PUNO, C.J., CARPIO, CORONA, CARPIO MORALES, VELASCO, JR., NACHURA, LEONARDO-DE CASTRO, BRION, PERALTA, BERSAMIN, DEL CASTILLO, ABAD, VILLARAMA, JR.,*c�fal�.wPEREZ and MENDOZA, JJ. cralawEndnotes:
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