Thursday, June 19, 2014

Judge fined for undue delay in issuing decision in summary case; MTJ-14-1841.pdf

See - MTJ-14-1841.pdf





"x x x.



Undue delay in rendering a decision is classified as a less serious charge, punishable either by: (a) suspension from office without salary and other benefits for not less than one nor more than three months; or ( b) a fine of more than Pl0,000.00 but not exceeding P20,000.00.31 In imposing the

proper sanction on Judge Regencia, the Court notes that aside from her

aforementioned misrepresentation, she was also previously found

administratively liable for gross inefficiency where she was ordered to pay a

fine of P5,000.00 and warned that a repetition of the same or similar offense

will be dealt with more severely.32 Moreover, as correctly observed by

Justice Arturo D. Brion during the deliberations of this case, her length of

service of more than 17 years should be taken against her instead of being

considered a mitigating factor as she should have already known that Civil

Case No. 212-B, being an ejectment case, is a summary proceeding and,

thus, ought to be expeditiously resolved.33 Hence, a fine of P40,000.00, instead of suspension, should be the appropriate penalty for Judge Regencia's misconduct. 



WHEREFORE, the Court finds respondent Judge Mary Jocylen G. 

Regencia of the Municipal Circuit Trial Court of Asturias-Balamban, Cebu, 

GUILTY of undue delay in rendering a decision. Accordingly, she is 

ordered to pay a fine of P40,000.00 and is STERNLY WARNED that a 

repetition of the same or similar acts in the future shall be dealt with more 

severely.



SO ORDERED.



x x x."