Case Digest (A.M. No. RTJ-92-813)
Facts:
- Ramon Abad filed a complaint against Judge Antonio Belen for gross dereliction of duty.
- The case involves Special Proceeding No. 2648 entitled "Intestate Estate of Deceased Lino Abad Pine."
- The case was instituted in 1945 and submitted for decision in 1984.
- Abad alleges that Belen failed to render a decision in the case for almost seven years.
Issue:
- (Unlock)
Ruling:
- Judge Belen failed to discharge his duty to personally take note of and render a decision in Special Proceeding No. 2648 within ninety days from submission of the case for decision.
- The charge of collusion...(Unlock)
Ratio:
- Mere suspicion of partiality is not enough; there should be adequate evidence to prove the charge.
- Judge Belen's forgetfulness due to his heavy workload and advanced age is not an adequate defense against his act of submitting false certificates of service.
- Mitigating circumstances were taken into account, such as Belen's long years of government service, his performance as a presiding judge, his age and health condition, and his promise to be mo...continue reading
Case Digest (A.M. No. RTJ-92-813)
Facts:
The case of Abad v. Belen involves a complaint filed by Ramon Abad against Judge Antonio Belen of Branch 38, Regional Trial Court of Lingayen, Pangasinan for gross dereliction of duty. The complaint arose from Judge Belen's failure to render a decision in Special Proceeding No. 2648 entitled "Intestate Estate of Deceased Lino Abad Pine." The case had been submitted for decision in 1984 but was instituted in 1945.
The Court Administrator evaluated the case and submitted a report on September 7, 1992. The case was then referred to the Court of Appeals for investigation and report, with Associate Justice Eduardo Montenegro designated to conduct the investigation.
Issue:
The main issue in the case is whether Judge Belen's failure to render a decision within the prescribed 90-day period constitutes gross dereliction of duty.
Ruling:
The Court ruled that Judge Belen's act of forgetting about the case and submitting false certificat...