AM 395 Mj; (July, 1974) (Digest)
A.M. No. 395-MJ July 11, 1974
Doroteo Butial and Roman Perez, complainants, vs. Municipal Judge Eustaquio C. Palma of Siruma, Camarines Sur, respondent.
FACTS
Complainants Doroteo Butial and Roman Perez charged Municipal Judge Eustaquio C. Palma with undue delay in the disposition of two criminal cases: Criminal Case No. 754 for Frustrated Homicide and Criminal Case No. 767 for Illegal Possession of Firearm. The complainants alleged that the cases were not resolved promptly, implying judicial inefficiency or neglect on the part of the respondent judge.
In his comment, Judge Palma presented documentary evidence to refute the allegations. He established that the cases were filed in April and June 1972, respectively, and that he promptly conducted the necessary preliminary examinations and issued warrants. However, on June 21, 1972, he voluntarily inhibited himself from both cases due to his close acquaintance with the accused’s family. The Executive Judge then designated Municipal Judge Miguel P. Totanes of Garchitorena to take over the cases. Despite his inhibition, Judge Palma continued to follow up with Judge Totanes to expedite the second stage of the preliminary investigations.
ISSUE
Whether Municipal Judge Eustaquio C. Palma is administratively liable for the alleged delay in the disposition of the two criminal cases.
RULING
The Court dismissed the complaint and exonerated Judge Palma. The legal logic is grounded in the principle that administrative liability for delay requires a showing that such delay is attributable to the respondent’s fault or neglect. Here, the evidence conclusively showed that Judge Palma was not responsible for the pace of the proceedings after his proper inhibition.
The timeline demonstrated his initial prompt action. His voluntary inhibition was a judicious act to avoid any appearance of partiality. Crucially, the authority and duty to hear the cases after June 21, 1972, transferred to the designated judge, Judge Totanes. The records confirmed that Judge Totanes forwarded Case No. 754 to the Court of First Instance on January 4, 1973, and Case No. 767 on March 6, 1973. Judge Palma’s subsequent efforts to remind his colleague to act expediently, far from showing neglect, demonstrated a commendable sense of responsibility beyond what was required after his disqualification. Since the delay, if any, occurred under the watch of another judge and Judge Palma exhibited no culpable conduct, there was no basis for administrative sanction. The complaint was therefore terminated.