JIMMY UY,
Complainant, -
versus - Judge GREGORIO
D. PANTANOSAS, JR., Regional Trial
Court, Branch 20, Cagayan de Oro City, Respondent. |
A.M.-RTJ-07-2094
(Formerly A.M. OCA
IPI No. 05-2392-RTJ
Present: pUNO, C.J., Chairperson, *Ynares-santiago, Sandoval-Gutierrez, AZCUNA, JJ. Promulgated: December
10, 2007 |
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SANDOVAL-GUTIERREZ, J.:
In a verified complaint dated October 17, 2005,
Jimmy Uy, complainant, denounced Judge Gregorio D. Pantanosas, Jr. of the
Regional Trial Court (RTC), Branch 20, Cagayan de Oro City for undue delay in
the resolution of Civil Case No. 2002-241, entitled “Silver Swan
Manufacturing Corporation v. Salvador Cuerquiz” for judicial abatement of
nuisance with prayer for mandatory injunction and damages.
On
In his comment dated
On
In his Report and Recommendation, Court Administrator
Lock stated:
A careful consideration of the issues herein
raised disclosed that respondent Judge had been liberal in granting
postponements requested by the parties, most of the time, by the defendant and
even at the instance of the court itself. Despite the numerous delays
encountered by the case, he was never decisive in warning the parties against
unreasonable requests for continuance.
He could not hide behind the excuse that he
has no control over the circumstances attendant to the case because “a judge
should at all times remain in full control of the proceedings in his branch and
should adopt a firm policy against improvident postponements. Lengthy postponements of court hearings create delay
in the administration of justice, thus undermining the people’s faith in the
judiciary from whom the prompt hearing of their supplications is anticipated
and expected, and reinforcing in the mind of the litigants the impression that
the wheels of justice grind ever so slowly. And they should always observe
utmost diligence and dedication in the performance of their judicial functions
and duties, dispose of the court’s business promptly and decide cases
impartially with reasonable dispatch” (Jaime
R. Sevilla v. Judge Edison F. Quintin, A.M. No. MTJ-05-1603,
Rule 1.02 – A judge should administer justice
impartially and without delay.
Rule 3.05 – A judge shall dispose of the
court’s business promptly and decide cases within the required periods.
That complainant did not object to the
continued postponement of the hearing of the cases for close o three (3) years
does not, however, extenuate respondent Judge’s administrative liability for
gross inefficiency.
As a rule, the grant or denial of a motion
for postponement is addressed to the sound discretion of the court which should
always be predicated on the consideration that more than the mere convenience
of the courts or of the parties, the ends of justice and fairness should be
served thereby. However, this discretion
must be exercised wisely.
x x x
Court
Administrator Lock then recommended that respondent judge be fined in the amount of Ten Thousand Pesos (P10,000.00) with a stern warning that commission of the same
act would be dealt with more severely.
Acting on our Resolution dated
After a
close review of the records, we resolve to adopt the above Report and
Recommendation.
Records
from the Office of the Court Administrator, however, show that on
ACCORDINGLY, and as recommended by Court Administrator
Christopher O. Lock, respondent Judge Gregorio D. Pantanosas, Jr. is FINED in the sum of Ten Thousand Pesos (P10,000.00)
and WARNED that a repetition of the same or similar act
will be dealt with more severely.
SO ORDERED.
ANGELINA SANDOVAL-GUTIERREZ
Associate Justice
WE
CONCUR:
REYNATO S. PUNO
Chief Justice
Chairperson
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CONSUELO YNARES-SANTIAGO Associate Justice |
RENATO C. CORONA Associate Justice |
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ADOLFO S. AZCUNA Associate Justice |
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* Designated to sit as
additional Member of the First Division under Special Order No. 474 dated