AM MTJ 00 1276; (June, 2000) (Digest)
A.M. No. MTJ-00-1276. June 23, 2000.
FELIMON R. CUEVAS, complainant, vs. JUDGE ISAURO M. BALDERIAN, respondent.
FACTS
Complainant Felimon R. Cuevas, president of a realty corporation and a plaintiff in an ejectment case, filed an administrative complaint against Judge Isauro M. Balderian for gross inefficiency. The subject ejectment case, Civil Case No. 1747, was filed in August 1996. After the parties submitted their position papers, with the last one filed on March 31, 1997, the case was deemed submitted for decision. Despite this, no decision was rendered.
Complainant filed three separate motions for early decision in May and July 1997, but received no response from the respondent judge. By the time the administrative complaint was filed on February 16, 1998, nearly ten months had elapsed since the case was submitted for resolution, with no decision or explanation for the delay provided. Respondent judge failed to file his comment on the administrative complaint despite notices, thereby waiving his right to do so.
ISSUE
Whether respondent Judge Isauro M. Balderian is administratively liable for gross inefficiency for failing to decide an ejectment case within the reglementary period.
RULING
Yes, respondent judge is guilty of gross inefficiency. The Rule on Summary Procedure mandates that judgment in ejectment cases be rendered within thirty (30) days after receipt of the last affidavits and position papers. The last position paper was filed on March 31, 1997, making the deadline for decision April 30, 1997. Respondent’s failure to decide the case for nearly ten months thereafter, despite three motions for early resolution, constitutes a clear violation of this mandatory period.
The Court emphasized that the Rule on Summary Procedure is designed precisely to prevent undue delays. Judges bear the primary responsibility for making this system work. Respondent’s inaction directly contravened this objective and violated Rule 3.05, Canon 3 of the Code of Judicial Conduct, which requires judges to dispose of court business promptly. His failure to act and to offer any explanation demonstrated gross negligence and inefficiency. Considering his prior similar infraction in a previous administrative case, the Court found the Office of the Court Administrator’s recommendation appropriate. Respondent Judge Isauro M. Balderian was found GUILTY of GROSS INEFFICIENCY and ordered to pay a fine of P5,000.00 with a stern warning.