G.R. No. A.M. No. SDC-98-3 December 16, 1998
Erlinda Alonto-Frayna, complainant, vs. Judge Abdulmajid J. Astih, 2nd Shari’a District Court, Bongao, Tawi-Tawi, respondent.

FACTS

Respondent Judge Abdulmajid J. Astih is the presiding judge of the 2nd Shari’a District Court in Bongao, Tawi-Tawi. Complainant Erlinda A. Frayna filed an administrative complaint against him for his utter failure to render a decision in Civil Case No. 01 for Partition, which was filed on June 23, 1992 and submitted for resolution on April 7, 1994. The complainant sought assistance from the Office of the Court Administrator (OCA) on October 3, 1994. The OCA directed the respondent judge to comment on the complaint, but he ignored this and subsequent directives on December 19, 1994 and January 27, 1995. The complainant’s counsel also wrote to the OCA, which again referred the matter to the judge, who continued to ignore it. The Supreme Court issued resolutions on July 3, 1996 and October 23, 1996 requiring the judge to comment and show cause, respectively. The judge filed an Urgent Motion on December 4, 1996, citing health issues (bleeding peptic ulcers, hypertension, bronchial asthma, rheumatism) and requesting a 7-day extension, which was granted. However, he still failed to file any comment or explanation. A Judicial Audit Team confirmed on March 4-8, 1998 that the case remained undecided. The OCA recommended dismissal.

ISSUE

Whether respondent Judge Abdulmajid J. Astih should be held administratively liable for gross misconduct, insubordination, and gross inefficiency due to his failure to decide a case within the mandated period and his repeated disregard of directives from the OCA and the Supreme Court.

RULING

Yes. The Supreme Court DISMISSED respondent Judge Abdulmajid J. Astih from the service with FORFEITURE of his retirement benefits (except accrued leave credits) and with prejudice to re-employment in any government agency. The Court held that the judge’s failure to decide the case within the 90-day period from its submission on April 7, 1994 constituted gross inefficiency and neglect of duty, a serious misconduct derogatory to the speedy administration of justice. His deliberate and continuous failure to comply with the resolutions and directives of the OCA and the Supreme Court, despite being given ample opportunity, amounted to gross misconduct, insubordination, and disrespect for the Court. His cited health reasons did not excuse his non-compliance, as he failed to file his comment even after an extension was granted. Such contumacious conduct undermines the integrity of the judiciary and cannot be tolerated.