People of the Philippines vs. Ybañez

Ruling

ACCORDINGLY, it is respectfully submitted that: a) Judge Calingin be held liable for failure to decide the cases submitted to him for decision within the reglementary period; and b) as previously recommended in our memorandum dated May 6, 2000, Judge Calingin be FINED in the amount of FIVE THOUSAND PESOS with STERN WARNING that a repetition of the same or similar act(s) will be dealt with more severely. Time and again we have stressed the need to decide cases promptly and expeditiously, for it cannot be gainsaid that justice delayed is justice denied and delay in the disposition of cases undermines the people's faith and confidence in the Judiciary. Judges must, therefore, decide cases with dispatch and the failure of a judge to render a decision within the reglementary period constitutes serious misconduct. (Cueva vs. Judge Villanueva, 305 SCRA 459, 467 [1999], citing several cases). Under Section 9 of the amended Rule 140 of the Rules of Court, which took effect on 1 October 2001, this misconduct is classified as a less serious charge. We are convinced that Judge Calingin tried his best to decide the cases within the 3-month period provided in Section 15, Article VIII of the Constitution. He could also be excused for his inability to decide the four inherited cases until the stenographic notes of the testimonies of the witnesses had been transcribed by the stenographers concerned. Considering that he did not personally hear the witnesses, he could not have taken down the notes of their testimonies. Consequently, the rule that judges should not wait for the transcripts of the stenographic notes, but should decide the cases on the basis of the notes which they are required to take, will not apply to Judge Calingin. The neglect of duty or misconduct committed by Judge Calingin lies more in his asking for extension of time to decide the cases after the lapse of the 3-month period and in failing to decide them within the extended period. His explanation that he was of the firm belief that the stenographers would be able to submit their transcripts on time, but that, unfortunately, they failed to do is unacceptable. For one, it is self-serving as no stenographer signed an affidavit admitting failure to transcribe the stenographic notes. For another, exercise of due diligence demanded that he should keep on reminding the stenographers before the end of the 3-month period about the transcription. If he did, he would have known that it may have been physically impossible for them to finish the task; hence, he could have seasonably requested an extension of time to decide the cases. WHEREFORE, for neglect of duty or misconduct, respondent Judge FRANCISCO L. CALINGIN, is fined in the amount of Three Thousand Pesos (P3,000) payable within ten (10) days from his receipt of a copy of this Resolution. He is further warned that the commission in the future of a similar infraction shall be dealt with more severely. SO ORDERED.