AM MTJ 00 1308; (December, 2002) (Digest)
A.M. No. MTJ-00-1308 December 16, 2002
Bonifacio Law Office Represented by Atty. Ricardo M. Salomon Jr., complainant, vs. Judge Reynaldo B. Bellosillo, Metropolitan Trial Court, Branch 34, Quezon City, respondent.
FACTS
Atty. Ricardo M. Salomon Jr., representing the Bonifacio Law Office, filed an administrative complaint against Judge Reynaldo B. Bellosillo for ignorance of the law, grave abuse of discretion, and obvious partiality in relation to Civil Case No. 14913 for ejectment. The complainant alleged that the respondent judge issued an Order dated April 2, 1996, referring the ejectment case back to the barangay for conciliation despite a Certification to File Action being attached to the complaint, indicating prior barangay proceedings. The complainant filed a compliance and later a notice to withdraw the complaint, which was denied. The judge only ordered the issuance of summons about a year after the complaint was filed. After the defendants failed to answer, the complainant filed a Motion to Render Judgment under the Rule on Summary Procedure. Instead of rendering judgment, the judge required the defendants to comment and later, on August 18, 1997, merely deemed the case submitted for decision. The judge rendered judgment only on January 7, 1998. The respondent judge defended his actions by arguing that the barangay conciliation was incomplete as the Pangkat was not duly constituted and the Certification to File Action was prematurely issued. He also claimed he acted on the various motions filed by the complainant.
ISSUE
Whether Judge Reynaldo B. Bellosillo is administratively liable for his actions in handling the ejectment case, particularly for undue delay in rendering a decision.
RULING
The Supreme Court found Judge Reynaldo B. Bellosillo GUILTY of undue delay in rendering a decision. The Court agreed with the Office of the Court Administrator’s findings that the judge violated the Rules on Summary Procedure by calling for a preliminary conference, directing the defendants to comment on the Motion to Render Judgment, and failing to render judgment promptly. The Court held that the judge’s referral of the case back to the barangay was not erroneous, as the barangay conciliation proceedings were indeed incomplete, and the Certification to File Action was prematurely issued. However, the judge incurred undue delay by rendering judgment almost a year after the case was deemed submitted for resolution. His explanation for the delay—waiting for the defendants to possibly appeal the submission order—was unacceptable. Undue delay in rendering a decision constitutes a less serious charge under the Rules of Court. Considering the absence of malice or corrupt motive and the fact that the judge had already resigned, the Court imposed a fine of P11,000.00, to be taken from his withheld retirement benefits.
