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[A.M. No. 99-6-206-RTC.February 15, 2000]
RE: REPORT ON THE JUDICIAL AUDIT CONDUCTED IN THE RTC, BRANCH 5, et al.
EN BANC
Gentlemen:
Quoted hereunder, for your information, is a resolution of this Court dated FEB 15 2000.
A.M. No. 99-6-206-RTC(Re: Report on the Judicial Audit conducted in the RTC, Branch 5, Lemery, Batangas and the MCTCs of Lemery-Agoncillo and Taal-San Nicolas, Batangas.)
A judicial audit and physical inventory of cases were conducted prior to 18 February 1999, the date Judge Amado V. Hernandez, Presiding Judge, RTC-Br. 5, Lemery, Batangas, was to retire compulsorily.An on-the-spot audit of cases in the Municipal Circuit Trial Courts (MCTCs) of Lemery-Agoncillo and Taal-San Nicolas, Batangas was likewise carried out.
As a result of the audit it was discovered that Judge Hernandez failed to decide nine (9) cases submitted for decision, namely, Crim. Cases Nos. 180-89, 18-91, 34-87, 61-85 and 71-96, and Civil Cases Nos. 12-85, 17-93, 9-89 and 3-L, within the prescribed 90-day period.Hence he was required to explain such failure in our Resolution dated 6 July 1999.In the same Resolution Judge Pio M. Pasia, Acting Presiding Judge of the MCTCs of Lemery-Agoncillo and Taal-San Nicolas, Batangas, was required to: (a) explain why no administrative sanction should be imposed on him for his failure to decide Civil Cases Nos. 98-59, 98-61, and 98-35 within the reglementary period, and why no further proceedings were conducted after the lapse of a considerable length of time in thirty-two (32) cases of the MCTC of Lemery-Agoncillo; and, (b) decide Civil Cases Nos. 71-T, 165-T, 166-T, 167-T and 204-T of the MCTC of Taal-San Nicolas and thereafter to submit a report on his compliance therewith.
In a letter dated 21 September 1999, Judge Pasia informed the Court that he had already decided Civil Case No. 204-T as early as June 1999 and that the decisions in Civil Cases Nos. 71-T, 165-T, 166-T and 167-T were already being finalized.In a subsequent letter dated 11 January 2000 Judge Pasia alleged that the Court was furnished copies of the decisions in Civil Cases Nos. 71-T, 165-T, 166-T and 167-T per letter dated 30 September 1999 of Clerk of Court II Paterno S. De Castro of the MCTC of Taal-San Nicolas, Batangas.However, contrary to the letters of Judge Pasia and Clerk of Court De Castro, no such copies were attached thereto as alleged.
Meanwhile, in a letter dated 25 October 1999, retired Judge Amado V. Hernandez explained why he failed to decide the nine (9) cases within the mandatory 90-day period, i.e., he thought all along that he could still decide cases even after retirement. 1 Letter dated 25 October 1999.When asked if he was submitting this administrative case for resolution based on the records Judge Hernandez answered in the affirmative. 2 Letter dated 27 December 1999.
In a Memorandum dated 9 November 1999 the Office of the Court Administrator (OCA) found no circumstance to mitigate Judge Hernandez's administrative liability, hence, recommended that he be imposed a P10,000 fine to be deducted from his retirementbenefits for failure to decide the nine (9) cases within the mandatory 90-day period.
Finding the recommendation to be well-taken, we adopt the same. Article VIII, Sec. 15 (1), of the Constitution states:
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 (underscoring ours).
We have repeatedly held that failure to observe the abovequoted constitutionally mandated periods for deciding cases or resolving matters constitutes gross inefficiency which warrants the imposition of administrative sanctions. 3 Re port on the Judicial Audit Conducted in RTC, Branches 29, 56 & 57, Libmanan, Camarines Sur, A.M. No. 98-1-11-RTC 7 October 1999; Request of Judge Irma Zita V. Masarnayor, RTC-Br. 52, Talibon, Bohol, for Extension of Time to Decide Civil Case No. 0020 and Crim. Case No, 98-384, A.M. No. 98-12-381, RTC, 5 October 1999; Re: Judge Danilo M. Tenerife A.M. No. 94-5-42-MTC, 20 March 1996, 255 SCRA 184.
However, since the Court is well-aware of the monumental challenges faced by trial judges in the performance of their duties, requests for extensions of time to decide cases beyond the 90-day period are almost invariably granted 4 Request of Judge Irma Zita V. Masamayor, RTC-Br. 52, Talibon, Bohol, A.M. No. 98-12-381-RTC, 5 October 1999.and certain factors, e.g., heavy caseload and poor health, are duly considered andappreciated as mitigating circumstances. 5 Office of the Court Administrator v. Quianola, AM. No. MTJ-99-1216, 20 October 1999.
In the instant case, however, retired Judge Hernandez when asked to explain his failure to decide nine (9) cases within the constitutionally-mandated 90-day period, he could only lamely offer as explanation his utterly misplaced and mistaken belief that he could still decide the cases even after his compulsory retirement.Clearly, this is not a valid excuse for it has been ruled that a judge who has already retired could no longer continue in a pending case 6 Re: Judge Luis B. Bello, Jr., A.M. No. 95-3-89-RTC, 23 August 1995, 247 SCRA 519.for the obvious reason of lack of authority.
WHEREFORE , the Court RESOLVES:
(a) To impose a FINE of Ten Thousand Pesos (P10,000.00) on Judge Amado V. Hernandez, former Presiding Judge of RTC-Br. 5, Lemery, Batangas, for his failure to decide five (5) criminal cases and four (4) civil cases within the constitutionally-mandated period of ninety (90) days, the same to be deducted from his retirement benefits;
(b) To direct Judge Pio M. Pasia, Acting Presiding Judge, MCTC, Taal-San Nicolas, Batangas, to SUBMIT copies of his decisions in Civil Cases Nos. 71-T, 165-T, 166-T and 167-T, which were never received by this Court, within five (5) days from notice hereof, or otherwise face an administrative sanction as this Court may impose. Buena, J., is on leave.
Very truly yours,
LUZVIMINDA D. PUNO
Clerk of Court
(Sgd.) MA. LUISA D. VILLARAMA
Asst. Clerk of Court
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