AM MTJ 94 922; (February, 1995) (Digest)
G.R. No.: A.M. No. MTJ-94-922
Date: February 23, 1995
Case Parties: Miguel A. Arvisu, complainant, vs. Judge Augusto O. Sumilang, respondent.
FACTS
Complainant Miguel A. Arvisu, as attorney-in-fact for plaintiff Zenaida Alava-Levy, filed Civil Case No. 866 for damages against Gil Ramos and Prumencio Dator in the Municipal Trial Court of Pila, Laguna, presided by respondent Judge Augusto O. Sumilang. On February 1, 1993, the defendants filed an answer with a motion to dismiss, alleging the case involved a tenancy dispute over which the Municipal Trial Court lacked jurisdiction. The complainant opposed the motion. On April 15, 1993, respondent Judge issued an order deeming the motion to dismiss and the opposition submitted for resolution. Subsequently, the complainant filed three ex-parte motions to resolve the pending motion to dismiss: on June 16, 1993, August 20, 1993, and December 15, 1993. Despite these motions, respondent Judge took no action to resolve the motion to dismiss, prompting the filing of this administrative complaint. In his defense, respondent Judge claimed the delay was due to his newly-appointed clerk of court overlooking the ex-parte motions.
ISSUE
Whether respondent Judge Augusto O. Sumilang is administratively liable for failure to act on a pending motion to dismiss.
RULING
Yes, respondent Judge is administratively liable. The Court found the complaint meritorious. Respondent Judge cannot shift blame to his staff for the delay, as he was aware of the motion to dismiss and the opposition since his April 15, 1993 order deeming them submitted for resolution. He has a duty to diligently discharge administrative responsibilities, maintain professional competence in court management, and supervise court personnel to ensure prompt and efficient service, as mandated by Rules 3.08 and 3.09 of the Code of Judicial Conduct. Citing Nidua vs. Lazaro, the Court emphasized that a judge is directly responsible for proper court management and the speedy disposition of cases, cannot rely on staff inefficiency, and must keep personal records of pending matters. Respondent Judge Augusto O. Sumilang was found guilty of gross negligence and ordered to pay a fine of P3,000.00.