Republic of the Philippines
Supreme Court
Manila
|
REQUEST OF
JUDGE NIÑO A. BATINGANA, REGIONAL TRIAL COURT, BRANCH 6, MATI, DAVAO ORIENTAL
FOR EXTENSION OF TIME TO DECIDE CIVIL CASES NOS. 2063 AND 1756 |
A.M.
No. 05-8-463-RTC Present: CARPIO,* J., NACHURA, PERALTA, and MENDOZA, JJ. Promulgated: February 17,
2010 |
x-----------------------------------------------------------------------------------------x
PERALTA, J.:
This administrative
matter stemmed from the undue delay of Judge Niño A. Batingana, Presiding
Judge, Regional Trial Court, Branch 6, Mati, Davao Oriental in deciding Civil
Case No. 2063,[1] and
his failure to decide Civil Case No. 1756.[2]
In separate letters, both dated June 23,
2005, Judge Batingana requested for a 90-day extension from June 29, 2005
within which to decide Civil Case No.
2063, and also a 90-day extension from July 5, 2005 within which to decide
Civil Case No. 1756. He claimed that he was devoting his time for the
resolution of Crim. Case No. 4651 and Civil Case No. 1890, and the resolution
of other civil and criminal cases with
incidents that needed to be acted upon immediately.
On August 31, 2005, the Court issued a
Resolution granting both requests. Judge
Batingana was required to submit to the Court, through the Office of the Court
Administrator (OCA), a copy of his decision in each civil case within 10 days
after its promulgation.
In the letters dated
September 27, 2005 and October 3, 2005, Judge Batingana sought a second extension of 90 days from September 27, 2005 within which to decide Civil Case No. 2063, and another
90 days from October 3, 2005 within which to decide Civil Case No. 1756.
Moreover, in separate
letters, both dated December 21, 2005, Judge Batingana sought a third extension
of 90 days from December 27, 2005 within which to decide Civil Case No. 2063, and 90 days
from January 2, 2006 within which to
decide Civil Case No. 1756.
In a Resolution dated
September 18, 2006, the Court granted the second and third requests for
extension, and noted that Judge Batingana had been granted a total of 180 days
to decide both civil cases. He was
required to submit to the Court, through the OCA, a copy of his decision in
each case within 10 days from promulgation.
Judge Batingana sought
a fourth extension of 90 days from March 27, 2006 within which to
decide Civil Case No. 2063 in a letter dated March 27, 200[6], and another 90-day
extension from April 2, 2006 within which to decide Civil Case No. 1756 in a
letter dated April 3, 200[6].
In his letters dated
June 23, 2006 and June 30, 2006, Judge Batingana sought a fifth extension of 90 days from June 25, 2006 within which to
decide Civil Case No. 2063, and another 90-day extension from July 1, 2006
within which to decide Civil Case No. 1756.
In a Resolution dated
November 29, 2006, the Court granted the fourth and fifth extensions sought by Judge
Batingana. He was directed to furnish
the Court, through the OCA, a copy of his decision in each case.
In a letter dated
September 22, 2006, Judge Batingana
requested for the sixth time an extension of 90 days from September 23,
2006 within which to decide Civil Case No. 2063. Likewise, in his letter dated September 28,
2006, he sought an extension of 90 days from September 29, 2006 within which to
decide Civil Case No. 1759. In both
letters, he stated that he was devoting
his time for the resolution of other civil and criminal cases with incidents
that had to be acted upon immediately.
His separate letters
both dated January 15, 2007 marked the
seventh time Judge Batingana asked
for another extension of 90
days from December 22, 2006 within which to decide Civil Case No. 2063, and 90
days from December 28, 2006 within which to decide Civil Case No. 1759.
In a Resolution dated
March 28, 2007, the Court denied the extensions sought in the letters dated
September 22 and 28, 2006, and the two letters dated January 15, 2007. Judge Batingana was directed to submit to the
Court, through the OCA, a copy of his decision in each case within 10 days from
notice.
Meantime, in a letter
dated March 21, 2007, Judge Batingana sought for the eighth time an extension
of 90 days from March 22, 2007 within
which to decide Civil Case No.
2063. In another letter dated March 23,
2007, he asked for an extension of 90
days from March 28, 2007 within which to decide Civil Case No. 1759.
In a Resolution dated
July 30, 2007, the Court denied the requests for extension dated March 21 and
28, 2007 on the ground that sufficient time had been given Judge Batingana to
decide the civil cases.
Despite the Resolution
dated March 28, 2007 denying his requests for extension to decide the civil
cases, Judge Batingana still requested in a letter dated June 20, 2007 an extension of 90 days from June 21, 2007 within which to
decide Civil Case No. 2063, which was his ninth request for extension. He also sought, in a letter dated June 26,
2007, an extension of 90 days from June
27, 2007 within which to decide Civil Case No. 1759. He alleged that he needed additional time to
decide the two cases considering that he was devoting his time for the
resolution of other civil and criminal cases with incidents that needed to be
acted upon immediately.
In a Resolution dated
September 24, 2007, the Court denied the
requests for extension dated June 20 and 26, 2007, as already stated in its
Resolution dated March 28, 2007. Judge
Batingana was directed to submit to the Court, through the OCA, a copy of his decision in each case within 10 days from
notice, with a stern warning that failure to decide a case within the
reglementary period was tantamount to gross inefficiency, which would be administrative
sanctioned by the court.
In a letter dated
September 18, 2007, Judge Batingana made his tenth request for an extension of
90 days from September 18, 2007 within which to decide Civil Case No. 2063. Similarly, in his letter dated September 25,
2007, he requested for another 90 days from September 25, 2007 within which to
decide Civil Case No. 1759.
In a Resolution dated February 27, 2008, the Court denied the
requests for extension dated September 18 and 25, 2007. The Court directed Judge Batingana to submit to
the Court, through the OCA, a copy of his decision in each case as directed in
the Resolutions dated March 28, 2007 and September 24, 2007, and to comment
within 10 days from notice on why he should not be administratively dealt with
for his continuous filing of requests for extension of time to decide the cases
and for his failure to decide them within the reglementary period.
In a letter dated
December 11, 2008, Judge Batingana requested another extension of 90 days from September 12, 2007 within which to
decide Civil Case No. 2063. The request
was denied in the Resolution dated June 8, 2009, wherein the Court directed Judge Batingana to immediately
decide the case and furnish the OCA a
copy of his decision.
On November 12, 2009, the
OCA received a copy of the Decision in Civil Case No. 2063 dated October 14,
2009, but Judge Batingana failed to render a decision in Civil Case No.
1756. Moreover, he failed to comply with
the Resolution dated February 27, 2008, which directed him to comment within 10
days from notice on why he should not be administratively dealt with for his
continuous requests for extension of time to decide the civil cases and for his
failure to decide them within the reglementary period.
The Constitution[3] provides that all lower courts must decide
all cases filed within three
months. Further, the Code of Judicial
Conduct[4]
states that a judge shall dispose of the
court’s business promptly and decide the cases within the required periods.
Delay in the
disposition of cases erodes the faith and confidence of the people in the
judiciary, lowers its standards, and brings it to disrepute.[5]
Judges should not abuse the grant of an extension
to decide a case, and strive to decide the case within the extended period
granted by the Court.
Under Sec. 9, Rule 140
of the Rules of Court, undue delay in rendering a decision or order is
classified as a less serious charge punishable with 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.
In this case, Judge
Batingana decided Civil Case No. 2063 four years after the
first extension granted to him by the Court, and two years after the Court
denied his seventh request for extension and directed him to submit a copy
of his decision through the OCA, but he failed to decide Civil Case No. 1759
despite the numerous extensions granted
to him.
The Court notes that Judge
Batingana had previously been found guilty of undue delay in rendering a
decision in A.M. No. 08-2-107-RTC
(Request for Extension of Time to Decide
Criminal Case No. 4745-05), which was promulgated on February 1, 2010. He was fined in the amount of P11,000.00, with a warning that a
repetition of the same act shall be dealt with more severely.
WHEREFORE,
Judge Niño A. Batingana, Presiding Judge, Regional Trial Court, Branch 6, Mati
City, Davao Oriental, is held
administratively liable under Sec. 9
(1), Rule 140 of the Rules of Court for undue delay in rendering a decision in
Civil Case No. 2063 and Civil Case No.
1756, and he is, therefor, FINED
in the amount of Twenty Thousand Pesos (P20,000.00). He is directed to submit to the Court,
through the Office of the Court Administrator, a copy of the decision in Civil
Case No. 1759 within fifteen (15) days from notice of this Decision, with a
warning that a repetition of the same or similar act shall be dealt with more
severely.
SO
ORDERED.
DIOSDADO
M. PERALTA
Associate
Justice
WE CONCUR:
RENATO C. CORONA
Associate Justice
Chairperson
ANTONIO T.
CARPIO ANTONIO EDUARDO B. NACHURA
Associate Justice
Associate Justice
JOSE CATRAL
MENDOZA
Associate
Justice
*
Designated to sit as an additional
Member, in lieu of Justice Presbitero J. Velasco, Jr., per Raffle dated
February 10, 2010.
[1] Entitled
Spouses Vicente Bacaltos, et al. v.
Manuel Donayre, et al. for Ejectment
with Damages.
[2] Entitled Miraluna Maguinsawan Manguiob, et al. v. Spouses Salvacion Lunay, et al. for Annulment of Documents and/or
Reconveyance, Accounting, Damages and Attorney’s Fees.
[3] The
Constitution, Art. VIII. Sec. 15 (1) All cases or matters filed after the
effectivity of this Constitution must be decided or resolved within twenty-four
months from date of submission for the Supreme
Court, and, unless reduced by the Supreme Court, twelve months for all
lower collegiate courts, and three months for all other lower courts.
[4] Canon 3, Rule 3.05.
[5] Lagamon v. Paderanga, A.M. No.
RTJ-08-2123, July 14, 2008, 558 SCRA 50.