CASE 2016-0027: OFFICE OF THE COURT ADMINISTRATOR VS. JUDGE ROMEO B. CASALAN (A.M. NO. RTJ-14-2385, 20 APRIL 2016, PERALTA, J.) (SUBJECT/S: DEADLINE IN DECIDING CASES; SANCTIONS)

 

DISPOSITIVE:

 

“WHEREFORE, THE COURT FINDS JUDGE ROMEO B. CASALAN OF THE REGIONAL TRIAL COURT OF CULASI, ANTIQUE, BRANCH 13, GUILTY OF THE LESS SERIOUS CHARGES OF UNDUE DELAY IN RENDERING DECISION OR ORDER AND OF VIOLATION OF SUPREME COURT RULES AND DIRECTIVES, UNDER SECTION 9, RULE 140 OF THE RULES OF COURT. PURSUANT TO SECTION 11 OF THE SAME RULE, HE IS ORDERED TO PAY A FINE IN THE AMOUNT EQUIVALENT TO THREE (3) MONTHS’ SALARY AT THE TIME OF HIS RETIREMENT FOR UNDUE DELAY IN THE DISPOSITION OF CASES AND FOR INSUBORDINATION, TO BE DEDUCTED FROM HIS RETIREMENT/GRATUITY BENEFITS.

 

SO ORDERED.”

 

SUBJECTS/DOCTRINES/DIGEST:

 

WHAT IS THE DEADLINE OF THE JUDGE IN RENDERING DECISION?

 

NOT MORE THAN 90 DAYS FROM THE TIME A CASE IS SUBMITTED FOR DECISION.

 

JUDGES ARE TO DISPOSE OF THE COURT’S BUSINESS PROMPTLY AND DECIDE CASES WITHIN THE PERIOD SPECIFIED IN THE CONSTITUTION, THAT IS, 3 MONTHS FROM THE FILING OF THE LAST PLEADING, BRIEF OR MEMORANDUM.

 

FAILURE TO OBSERVE SAID RULE CONSTITUTES A GROUND FOR ADMINISTRATIVE SANCTION AGAINST THE DEFAULTING JUDGE, ABSENT SUFFICIENT JUSTIFICATION FOR HIS NONCOMPLIANCE THEREWITH.

 

CAN A JUDGE CHOOSE HIS DEADLINE IN DECIDING CASES?

 

NO, UNLESS THERE IS AN EXTENSION GRANTED BY THE SUPREME COURT.

 

THE FAILURE TO DECIDE EVEN A SINGLE CASE WITHIN THE REQUIRED PERIOD CONSTITUTES GROSS INEFFICIENCY THAT MERITS ADMINISTRATIVE SANCTION.

 

WHAT IS ARE TH OBJECTIVES OF THE  DEALINE IN DECIDING CASES?

 

TO PRESERVE THE INTEGRITY, COMPETENCE AND INDEPENDENCE OF THE JUDICIARY AND MAKE THE ADMINISTRATION OF JUSTICE MORE EFFICIENT.

 

TO MINIMIZE, IF NOT TOTALLY ERADICATE, THE TWIN PROBLEMS··. OF CONGESTION AND DELAY THAT HAVE LONG PLAGUED OUR COURTS.

 

WHAT IS THE NATURE OF THE REQUIREMENT ON DEADLINE?

 

MANDATORY.

 

FAILURE TO DECIDE CASES WITHIN THE REGLEMENTARY PERIOD CONSTITUTES A GROUND FOR ADMINISTRATIVE LIABILITY.

 

EXCEPTION:  WHEN THERE ARE VALID REASONS FOR THE DELAY. 6

 

HOW IS THE HONOR AND INTEGRITY OF THE JUDICIAL SYSTEM  MEASURED?

 

BY THE FAIRNESS AND CORRECTNESS OF DECISIONS RENDERED AND BY THE EFFICIENCY WITH WHICH DISPUTES ARE RESOLVED.7

 

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW.

 

SCD-2016-0027-JUDGE CASALAN

 

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