A.M. No. RTJ-08-2144 (Formerly OCA IPI No. 06-2417-RTJ) - ATTY. RAUL H. SESBREÑO, COMPLAINANT, VS. JUDGE IRENEO L. GAKO, JR., JUDGE, REGIONAL TRIAL COURT (RTC), BRANCH 5, CEBU CITY, AND MANUEL G. NOLLORA, CLERK OF COURT, RTC, BR. 5, CEBU CITY.D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, Rules 1.02 of Canon 1 and 3.05 of Canon 3 of the Code of Judicial Conduct direct judges to administer justice impartially and without delay and to dispose of the court's business promptly and decide cases within the required periods. In line with the foregoing, the Court has laid down administrative guidelines to ensure the prompt disposition of judicial business. Thus, SC Administrative Circular No. 13-87 provides: Judges shall observe scrupulously the periods prescribed by Article VIII, Section 15 of the Constitution for the adjudication and resolution of all cases or matters submitted in their courts. Thus, all cases or matters must be decided or resolved within twelve months from date of submission by all lower collegiate courts while all other lower courts are given a period of three months to do so. x x x. Furthermore, SC Administrative Circular No. 1-88 states: 6.1 All Presiding Judges must endeavor to act promptly on all motions and interlocutory matters pending before their courts. x x x. Indisputably, respondent judge failed to act on the Motion for Reconsideration within three (3) months from the time said motion was submitted for resolution on July 4, 2003. His claim that the motion was not filed by the proper party is not a valid excuse to simply ignore said motion. Instead, he should have accordingly formally disposed of such motion. While it is true that respondent judge issued an Order voluntarily inhibiting himself from handling Special Proceedings No. 916-R, however, it does not appear on record that the Executive Judge was furnished with a copy of the said order for appropriate action. Respondent judge cannot also justify his inaction by his inhibition since if it was really his intention to refrain from handling the case, he should not have acted on the subsequent Motion for Clarification/Reconsideration filed by the heirs of Patrocino Borromeo Herrera. All told, the unreasonable delay of the respondent judge in resolving the motion submitted for his resolution clearly constituted a violation of complainant's constitutional right to a speedy disposition of his case. Having failed to resolve the Motion for Reconsideration within the prescribed period of time, respondent judge is liable for undue delay in resolving a decision or order which is considered a less serious offense. Regarding the charge of incompetency, it should be stressed that the duties and responsibilities of a judge are not strictly confined to judicial functions. He is also an administrator who must organize his court with a view to prompt and convenient dispatch of its business. As administrative officer of the Court, respondent judge should have required his clerk of court or any other court personnel to secure all the records of the case and keep the same intact although some of the volumes thereof would not be used in deciding the case. A judge is duty-bound to motivate his subordinates for the effective performance of the functions and duties