Case Digest (A.M. No. MTJ-07-1672)
Facts:
This case involves an administrative complaint filed by Capt. Salvador Bernaldez (ret.) against Judge Henry B. Avelino and Clerk of Court Guillermo E. Acolola of the Municipal Circuit Trial Court of Panay-Pontevedra, Pontevedra, Capiz. The complaint was initiated on July 5, 2004, due to allegations of abuse of authority and undue delay in the resolution of Civil Case No. 371, an unlawful detainer case filed by Bernaldez against Castor Calinao, Jr. on December 2, 1997. Calinao contested the jurisdiction of the MCTC over the case on January 2, 1998, leading to a preliminary conference on January 27, 1998. The respondent judge referred the case to the Department of Agrarian Reform (DAR) for jurisdictional determination, which confirmed that the MCTC could take cognizance of the case.
Despite the court's jurisdiction, the case faced numerous postponements due to the complainant's requests for delays, primarily due to the unavailability of his counsel. The preliminary c...
Case Digest (A.M. No. MTJ-07-1672)
Facts:
Case Background:
Complainant Capt. Salvador Bernaldez (ret.) filed an unlawful detainer case (Civil Case No. 371) against Castor Calinao, Jr. in the Municipal Circuit Trial Court of Panay-Pontevedra, Pontevedra, Capiz (MCTC-Pontevedra) on December 2, 1997.
Jurisdictional Question:
On January 2, 1998, Calinao moved to dismiss the case, arguing that the MCTC lacked jurisdiction over the subject matter due to the alleged agrarian dispute. The judge referred the matter to the Department of Agrarian Reform (DAR) for determination. On April 21, 1998, the DAR advised that the court could determine jurisdiction.
Repeated Postponements:
The preliminary conference was postponed multiple times between 1998 and 2001 due to motions filed by the complainant, primarily citing the unavailability of counsel or his attorney-in-fact. Respondent judge granted these postponements.
Inactivity and Complaint:
The case remained dormant for extended periods. On July 5, 2004, the complainant filed an administrative complaint against respondent Judge Henry B. Avelino and Clerk of Court Guillermo E. Acolola, alleging abuse of authority and undue delay in resolving the case, which was governed by the Rule on Summary Procedure.
Respondents' Defense:
Respondent judge claimed the delay was due to the complainant’s repeated motions for postponement and his additional assignments to other courts. Respondent clerk of court argued that the complainant should have informed him of the need to present evidence instead of filing the complaint.
Issue:
- Whether respondent judge and clerk of court abused their authority by unduly delaying the resolution of Civil Case No. 371.
- Whether the respondents are administratively liable for such delay.
Ruling:
The Supreme Court found respondent judge guilty of undue delay in the disposition of cases, a less serious charge under the Rules of Court. He was suspended for three months without pay and fined P20,000. He was also directed to decide the case promptly.
Respondent clerk of court was found guilty of simple neglect of duty for failing to assist in the speedy disposition of the case. He was suspended for three months without pay.
Ratio:
- Undue Delay: Undue delay in case disposition erodes public trust in the judiciary and violates constitutional and ethical mandates for prompt justice. Unlawful detainer cases, which are subject to summary procedure, must be resolved swiftly. Respondent judge’s leniency in granting postponements and his failure to act promptly despite his additional assignments were inexcusable.
- Clerk of Court’s Role: Clerks of court are administrative assistants to judges and must ensure the efficient management of court dockets. Respondent clerk of court failed to remind the judge of the prolonged inactivity of the case and did not prioritize its resolution.
- Sanctions: Respondent judge’s prior administrative sanction for gross inefficiency warranted a harsher penalty. Respondent clerk of court, though guilty of neglect, was given leniency as it was his first offense.