G.R. No. RTJ-97-1391 October 16, 1997
Atty. Romulo A. Rivera, complainant, vs. Judge Efren A. Lamorena, RTC, Santiago City, Branch 36, respondent.

FACTS

Complainant Atty. Romulo A. Rivera, counsel for the plaintiff in Civil Case No. 2178 (“NCH Philippines, Inc. vs. Spouses Ernesto Lagua and Elvira Acosta-Lagua”), filed a letter-complaint against respondent Judge Efren A. Lamorena. The case, a judicial foreclosure of mortgage, was submitted for decision in December 1995. Complainant filed a Motion for Early Resolution on March 19, 1996, and a Second Motion for Early Resolution on June 17, 1996, due to respondent judge’s inaction. The complaint alleges the judge’s failure to decide the case within the 90-day reglementary period, prompting the request for an order to render a decision or impose appropriate penalties.

ISSUE

Whether respondent Judge Efren A. Lamorena is administratively liable for his failure to decide Civil Case No. 2178 within the 90-day reglementary period.

RULING

Yes, but with mitigating circumstances. The Court emphasized that the 90-day rule for deciding cases is mandatory and that delay constitutes gross inefficiency. However, the Court considered the respondent judge’s explanation for the delay, which included pressure of work and poor working conditions (his office being a stock room with inadequate space for employees and records). While these circumstances do not exonerate him, they serve to mitigate his administrative liability. Accordingly, the Court resolved to ADMONISH Judge Efren A. Lamorena with a WARNING that a repetition of the same or similar acts will be dealt with more severely.