March 2010 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions > Year 2010 > March 2010 Resolutions >
[A.M. No. 09-6-247-RTC : March 09, 2010] RE: CASES SUBMITTED FOR DECISION BEFORE HON. FLORENIO P. BUESER, FORMER JUDGE, REGIONAL TRIAL COURT, BRANCH 33, SINILOAN, LAGUNA. :
[A.M. No. 09-6-247-RTC : March 09, 2010]
RE: CASES SUBMITTED FOR DECISION BEFORE HON. FLORENIO P. BUESER, FORMER JUDGE, REGIONAL TRIAL COURT, BRANCH 33, SINILOAN, LAGUNA.
Sirs/Mesdames:
Quoted hereunder, for your information, is a resolution of the Court En Banc dated March 9, 2010
"A.M. No. 09-6-247-RTC (RE: CASES SUBMITTED FOR DECISION BEFORE HON. FLORENIO P. BUESER, FORMER JUDGE, REGIONAL TRIAL COURT, BRANCH 33, SINILOAN, LAGUNA.). - This refers to the Certificate of Clearance of former Judge Florenio P. Bueser (deceased) of the Regional Trial Court, Branch 33, Siniloan, Laguna, in support of the application filed by the surviving spouse of Judge Bueser for Retirement/Gratuity Benefits under Republic Act No. 910, as amended. The application was approved by the First Division of this Court in a Resolution dated August 26, 2009 in A.M. No. 13361-Ret.,[1] thus:
Payment of Judge Bueser's retirement/gratuity benefits is being withheld pending clearance from the Office of the Court Administrator (OCA) as regards his administrative liability arising from his failure to decide the aforementioned 46 cases.
The Constitution[3] provides that all cases must be decided within three months from the date of submission by all lower courts. Moreover, Canon 3, Rule 3.05 of the Code of Judicial Conduct enjoins judges to dispose of the court's business promptly and decide cases within the required period. Thus, all cases must be decided by the lower courts within three months from the date of submission, unless the judge concerned timely requests an extension that is granted by the Court.
Under Section 9 (1), Rule 140 of the Rules of Court, undue delay in rendering a decision constitutes a less serious charge punishable with suspension from office without salary and other benefits for not less than one (1) or more than three (3) months; or a fine of more than P10,000.00, but not exceeding P20,000.00.
In view of Judge Bueser's failure to decide 46 cases within the reglementary period, without any explanation for the delay, the OCA recommends that he be fined in the amount of P50,000.00.
WHEREFORE, former Judge Florenio P. Bueser of the Regional Trial Court, Branch 33, Siniloan, Laguna is administratively liable under Section 9(1), Rule 140 of the Rules of Court for undue delay in rendering a decision in forty-six (46) cases, and he is, therefore, FINED in the amount of FIFTY THOUSAND PESOS (P50,000.00), which amount shall be deducted from his retirement/gratuity benefits."
(Sgd.) MA. LUISA D. VILLARAMA
Clerk of Court
"A.M. No. 09-6-247-RTC (RE: CASES SUBMITTED FOR DECISION BEFORE HON. FLORENIO P. BUESER, FORMER JUDGE, REGIONAL TRIAL COURT, BRANCH 33, SINILOAN, LAGUNA.). - This refers to the Certificate of Clearance of former Judge Florenio P. Bueser (deceased) of the Regional Trial Court, Branch 33, Siniloan, Laguna, in support of the application filed by the surviving spouse of Judge Bueser for Retirement/Gratuity Benefits under Republic Act No. 910, as amended. The application was approved by the First Division of this Court in a Resolution dated August 26, 2009 in A.M. No. 13361-Ret.,[1] thus:
The Court resolves:Based on his Monthly Report of Cases for November 2007, Judge Bueser, at the time of his demise, left forty-nine (49) cases submitted for decision. Three of the 49 cases were inherited by him from his predecessor, and the remaining 46 cases were already beyond the reglementary period to decide. The Monthly Report of Cases on file did not indicate any reason why Judge Bueser failed to decide the 46 cases within the reglementary period.
(1) to APPROVE the application for Retirement/Gratuity benefits under R.A. 910, as amended by R.A. 5095 and PD 1438 filed by Dr. Edenita G. Bueser, surviving spouse of the late Judge Florenio P. Bueser, Regional Trial Court, Branch 33, Siniloan, Laguna, effective upon the death of Judge Bueser on 09 December 2007 at 9:45 p.m.; and
(2) to GRANT his heirs additional gratuity benefits of five (5) year lump sum to complete the ten (10) year lump sum they are entitled to under the aforesaid law, it appearing that Judge Bueser has met all the requirements enumerated in A.M. No. 02-12-01-SC Granting Automatic Permanent Total Disability to Heirs of Justices and Judges Who Die in Actual Service but payment of the benefits shall be subject to the availability of funds and the usual clearance requirements.[2]
Payment of Judge Bueser's retirement/gratuity benefits is being withheld pending clearance from the Office of the Court Administrator (OCA) as regards his administrative liability arising from his failure to decide the aforementioned 46 cases.
The Constitution[3] provides that all cases must be decided within three months from the date of submission by all lower courts. Moreover, Canon 3, Rule 3.05 of the Code of Judicial Conduct enjoins judges to dispose of the court's business promptly and decide cases within the required period. Thus, all cases must be decided by the lower courts within three months from the date of submission, unless the judge concerned timely requests an extension that is granted by the Court.
Under Section 9 (1), Rule 140 of the Rules of Court, undue delay in rendering a decision constitutes a less serious charge punishable with suspension from office without salary and other benefits for not less than one (1) or more than three (3) months; or a fine of more than P10,000.00, but not exceeding P20,000.00.
In view of Judge Bueser's failure to decide 46 cases within the reglementary period, without any explanation for the delay, the OCA recommends that he be fined in the amount of P50,000.00.
WHEREFORE, former Judge Florenio P. Bueser of the Regional Trial Court, Branch 33, Siniloan, Laguna is administratively liable under Section 9(1), Rule 140 of the Rules of Court for undue delay in rendering a decision in forty-six (46) cases, and he is, therefore, FINED in the amount of FIFTY THOUSAND PESOS (P50,000.00), which amount shall be deducted from his retirement/gratuity benefits."
Very truly yours,
(Sgd.) MA. LUISA D. VILLARAMA
Clerk of Court
Endnotes:
[1] Application for Retirement/Gratuity Benefits under R.A. 910, as amended by R.A. 5095 and PD 1438 filed by Dr. Edenita G. Bueser, surviving spouse of the late Judge Florenio P. Bueser, Regional Trial Court, Branch 33, Siniloan, Laguna.
[2] Emphasis and underscoring supplied.
[3] The Constitution, Art. VIII, Sec. 15 (1) - 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.
