99-131 “BPI Card Corp. v. Sps. Calixto and Evangeline V. Bañez” for Sum of Money. Per Order dated December 1, 1999 the Branch Clerk of Court was directed to adduce evidence ex-parte and submit a report within twenty (20) days.

Ruling

accordingly recommended that the request of Judge Bautista for the release of the P20,000.00 withheld from his retirement benefits be DENIED, the said amount to be considered as FINE for the delay in resolving pending incidents and rendering judgment in the cases. This Court finds the recommendation of the OCA in light of the facts of the case well-taken. Rule 3.05 of the Code of Judicial Conduct enjoins a judge to dispose of the courts business promptly and decide cases within the required periods [10] as delay in the disposition of cases erodes the faith and confidence of our people in the judiciary, lowers its standards, and brings it into disrepute. [11] Indeed, almost all the pending incidents and cases submitted for decision which were awaiting resolution/decision within 90 days were acted upon by Judge Bautista long after said period expired or only on July 2000, immediately before he retired on July 27, 2000, entailing years of delay with respect to some incidents, and even a delay of more than 6 years with respect to one case submitted for decision, as reflected in the above-reproduced tabulation prepared by the OCA. It bears noting that in his letter-compliance with the August 16, 2000 Resolution of this Court which directed him to EXPLAIN the reason/s for the delay, the judge was glaringly mum about it. Sections 9 and 11 of Rule 140, as amended by A.M. No. 01-8-10-SC, [12] provide: Sec. 9. Less Serious Charges . Less serious charges include: Undue delay in rendering a decision or order, or in transmitting the records of a case; Frequent and unjustified absences without leave or habitual tardiness; Unauthorized practice of law; Violation of Supreme Court rules, directives and circulars; Receiving additional or double compensation unless specifically authorized by law; Untruthful statements in the certificate of service; and simple misconduct. x x x Sec. 11. Sanctions . x x x B. If the respondent is guilty of a less serious charge , any of the following sanctions shall be imposed: Suspension from office without salary and other benefits for not less than one (1) nor more than three (3) months; or A fine of more than P10,000 but not exceeding P20,000; x x x (Emphasis supplied) As the undue delay committed by Judge Bautista in rendering decisions and orders is a less serious offense, the recommended fine of P20,000.00 of the OCA falls within the range of the imposable penalty. WHEREFORE , Judge Jose R. Bautista is adjudged administratively liable for undue delay in rendering decisions and orders and is hereby FINED in the amount of Twenty Thousand (P20,000.00) Pesos to be taken from the same amount earlier ordered retained pursuant to this Courts Resolution dated August 16, 2000. SO ORDERED.