AM MTJ 07 1685; (September 2007) (Digest)
G.R. No. MTJ-07-1685 September 3, 2007
Gideon B. Juson, complainant, vs. Judge Vicente C. Mondragon, MCTC, Makilala, North Cotabato, respondent.
FACTS
Complainant Gideon B. Juson filed an administrative complaint against Judge Vicente C. Mondragon for undue delay in resolving his Motion for Intervention in Civil Case No. 355, a recovery of possession case. Juson filed his motion on May 3, 2002. Over several scheduled hearings from 2002 to 2004, Judge Mondragon repeatedly failed to act on the motion, issuing orders promising resolution before the next setting but failing to do so. The motion remained unresolved until October 17, 2005, causing prejudice to Juson.
In his Comment, Judge Mondragon admitted the delay. He attributed it to his heavy workload, as he was supervising three courts simultaneously, and to his failing health following a stroke in 1997. He informed the Court that he had finally granted the Motion for Intervention via a Resolution dated October 17, 2005, and noted he had inquired about disability retirement.
ISSUE
Whether Judge Vicente C. Mondragon is administratively liable for undue delay in resolving a pending motion.
RULING
Yes, Judge Mondragon is administratively liable. The Constitution mandates lower courts to decide or resolve matters within three months from submission. Rule 3.05 of the Code of Judicial Conduct further directs judges to dispose of court business promptly. Juson’s Motion for Intervention remained unresolved for over three years, a clear violation of these mandatory rules designed to prevent needless delays and ensure the speedy administration of justice.
While the Court considered Judge Mondragon’s heavy caseload and poor health as mitigating circumstances, these factors do not exonerate him from liability; they only serve to mitigate the penalty. His admission of fault and eventual resolution of the motion were noted. The Court found the Office of the Court Administrator’s recommendation appropriate. Accordingly, Judge Vicente C. Mondragon was found GUILTY of undue delay and ordered to pay a FINE of Ten Thousand Pesos (P10,000.00), with a stern warning that a repetition would be dealt with more severely.