A.M. No. RTJ-05-1950. February 13, 2006.
Re: Judicial Audit of the RTC, Br. 14, Zamboanga City, presided over by the HON. ERNESTO R. GUTIERREZ, formerly the Presiding Judge thereof.

FACTS

A judicial audit was conducted on the Regional Trial Court, Branch 14, Zamboanga City, in view of the compulsory retirement of its presiding judge, Ernesto R. Gutierrez, on November 24, 2004. The audit report revealed a significant number of pending cases, including numerous criminal and civil cases that were undecided beyond the reglementary period, unresolved incidents, and cases that had not been acted upon for a considerable time. The Office of the Court Administrator (OCA) directed Judge Gutierrez to explain these delays.
In his compliance, Judge Gutierrez acknowledged the backlog but cited mitigating circumstances. He explained that the delays were partly due to additional judicial assignments given to him by the Supreme Court, which required him to hear and decide cases in other branches and locations, including in Tawi-Tawi, Sulu, and Basilan. He assured the Court that he would decide all cases submitted for decision before his retirement and submitted proof of having decided or acted upon several of the cited cases.

ISSUE

Whether respondent Judge Ernesto R. Gutierrez is administratively liable for undue delay in rendering decisions and resolving incidents in violation of the reglementary periods.

RULING

Yes, Judge Gutierrez is administratively liable. The Court found that the judge failed to decide and resolve the enumerated cases within the mandatory periods prescribed by the Constitution and the Rules of Court. While the Court acknowledged his heavy caseload and additional assignments as mitigating factors, these circumstances do not exonerate him from liability. Judges are mandated to dispose of the court’s business promptly and to decide cases within the required periods. The Court emphasized that if a judge cannot comply due to a heavy workload, the proper recourse is to request an extension from the Court, which Judge Gutierrez failed to do.
Under Section 9(1), Rule 140 of the Revised Rules of Court, undue delay in rendering a decision is a less serious charge. The penalty ranges from suspension without pay for one to three months or a fine of more than ₱10,000 but not exceeding ₱20,000. Considering that Judge Gutierrez had already compulsorily retired, suspension was no longer feasible. Therefore, the Court imposed a fine of Fifteen Thousand Pesos (₱15,000.00), to be deducted from his retirement benefits, holding him liable for gross inefficiency equivalent to undue delay in rendering judgment.