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JurisprudenceA.M. NO. 05-10-618-RTC

A.M. NO. 05-10-618-RTC

Cited Laws

RA 487,RA 344RA 141RA 3019,RA 133RA 1,RA 96
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TL;DR — Ruling

WHEREFORE, this Court hereby imposes upon Judge Fatima Gonzales-Asdala a FINE of Eleven Thousand Pesos (P11,000.00) with STERN WARNING that a repetition of the same or similar act shall be dealt with more severely. SO ORDERED.

Decision

Ruling

accordingly and promptly. He must adopt a system of record management and organize his docket in order to bolster the prompt and effective dispatch of business. [8] The fact that she requested an extension of time to decide the pending cases does not excuse her failure to decide them on time given that the request was filed when the reglementary period had already elapsed. The Court has consistently been sympathetic to requests for extensions of time to decide cases, mindful of the heavy caseload of judges. However, applications for extension must be filed before the expiration of the prescribed period. [9] We therefore find that indeed, Judge Asdala is guilty of undue delay in rendering a decision or order, an offense classified as a less serious charge under Sec. 9, Rule 140 of the Rules of Court, as amended by A.M. No. 01-8-10-SC. This infraction is punishable, under Sec. 11B of the same rule, by 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 P10,000.00 but not exceeding P20,000.00. We note that this is not Judge Asdala's first infraction. She had thrice been administratively sanctioned for various offenses, including partiality, grave abuse of discretion, and violation of R.A. 3019, abuse of authority and misconduct. [10] However, this is the first time Judge Asdala is being chastised for undue delay in the disposition of cases. Given that Judge Asdala was able to decide the pending cases within the extended period, the recommended penalty of fine in the amount of P15,000.00 should be reduced to P11,000.00. WHEREFORE, this Court hereby imposes upon Judge Fatima Gonzales-Asdala a FINE of Eleven Thousand Pesos (P11,000.00) with STERN WARNING that a repetition of the same or similar act shall be dealt with more severely. SO ORDERED.