Tuesday, July 10, 2012

Undue delay in rendering a decision or order is considered a less serious charge.

See - http://sc.judiciary.gov.ph/jurisprudence/2012/june2012/MTJ-12-1811.htm

"x x x.


Judges are continuously reminded to resolve cases with dispatch to avoid any delay in the administration of justice.[9] Thus, under Section 9 (1), Rule 140 of the Rules of Court, undue delay in rendering a decision or order is considered a less serious charge.
Civil Case No. 05-35013 is an action for unlawful detainer covered by the Rule on Summary Procedure.[10] Accordingly, Judge Asis had 30 days after his receipt of the last affidavits and position papers, or after the expiration of the period for filing the same, to render judgment on the case.[11]However, his severe ailments and medical operations at that time understandably prevented him from deciding on the case within the prescribed period.
This Court agrees with the OCA that the prudent course of action would have been for Judge Asis to request an extension for acting on Civil Case No. 05-35013 instead of disposing this case only after being prompted to file a comment on the present Complaint. Despite these findings, this Court nevertheless deems the reduction of the fine proper, considering the existence of factors that mitigated the commission of the offense, namely: (a) this is his first infraction, and (b) his delay in the disposition of the case resulted from his serious medical conditions.
Under Section 11(B), Rule 140 of the Rules of Court, a respondent found guilty of a less serious charge, such as undue delay in rendering a decision or order, may be sanctioned with a fine of more than ₱10,000, but not exceeding ₱20,000. Nonetheless, this Court has in several cases allowed the imposition of fines less than the amount prescribed by the Rules in case there are mitigating circumstances in the commission of the offense,[12] as in the case at bar. Therefore, this Court modifies the recommendation of the OCA and hereby imposes a fine in the amount of ₱1,000, with a warning that the commission of the same or a similar offense will be dealt with more severely.
x x x."