Back to Search
JurisprudenceA.M. No. 15-09-314-RTC

A.M. No. 15-09-314-RTC

En Banc

Cited Laws

RA 79,RA 125,RA 269,RA 351
Share:

Decision

Ruling

accordingly immediately after the lapse of the period given to the parties and/or other government institutions concerned; Not complied with - no action taken after the lapse of the period given to prosecutor to submit collusion report in the following cases: Civil Cases Nos. 8399 (see Table 5); 8252 and 8318 (see Table 7); 8242, 8303, 8342, and 8350 (see Table 12) (f) SUBMIT, within sixty (60) days from notice, copies of the decisions and certifications of promulgation, orders, or other court processes issued as proof of compliance with the above directives; Late submission As regards the observations mentioned in Table I, Annex "A" hereof, you are further directed to: (g) (a) Work with the Branch Clerk of Court to DEVISE A SYSTEM so that the observations mentioned therein are properly addressed; and (b) SUBMIT, within fifteen (15) days from notice: (i) a REPORT on the action taken thereon; (ii) AMENDED REPORTS with respect to the inaccurate Monthly Report of Cases for the months affected by the dates subject of Item 13 of Table I, and the July to December 2013 Docket Inventory Report relative to the unreported cases mentioned in Item 14 of the same Table; (iii) COPIES OF THE DECISIONS/ ORDERS in the cases enumerated in Item 15 of the same Table; and (iv) a RESPONSE to the clarifications sought for under Item 16 also of the same Table. NO REPORT SUBMITTED ON THE ACTIONS TAKEN; NO AMENDED REPORTS SUBMITTED The OCA noted that Judge Lubao had also failed to comply with several memoranda issued prior to the conduct of the subject judicial audit, namely: (a) Memorandum dated January 15, 2014 directing Judge Lubao to strictly comply with Administrative Circular Nos. 4-2004 and 81-2012, and to explain his failure to decide on forty-three (43) cases within the reglementary period and to decide on these cases within sixty (60) days from notice; (b) Memorandum dated April 23, 2015 reiterating the directives of the January 15, 2014 Memorandum; and (c) Memorandum dated May 7, 2014 enjoining all judges of General Santos City, including Judge Lubao, to comply with Court's issuances on the timely submission of their Monthly Report of Cases. Judge Lubao's Explanation In his "Post Retirement Explanation" letter [3] dated August 11, 2015, Judge Lubao admitted to his failure to resolve many incidents and to decide cases submitted for decision within the reglementary period. He expounded on his medical history and attached several medical certificates showing that he has minimal cognitive impairment caused by a stroke he had in 2012, coronary artery disease, arthritis, gastroesophageal or laryngopharyngeal reflux aggravated by stress, and had underwent major surgical operations such as resection of the prostrate, brain surgery, and removal of gallstone; and that he was hospitalized on numerous occasions due to stress and hypertension, acute hemorrhagic cystitis and benign prostatic hyperplasia, acute gastroenteritis with hypokalemia, pneumonia, moderate risk hypert