Case Digest (A.M. No. RTJ-00-1595)
Facts:
The case involves complainants Luz Cadauan and Claro Cadauan, who were the plaintiff and defendant, respectively, in a Special Civil Action for Partition with Liquidation, designated as No. Br. 19-83, filed in the Regional Trial Court of Cauayan, Isabela, Branch 19. The case was presided over by Judge Artemio R. Alivia. The proceedings began with the case being submitted for decision on October 21, 1998. On June 30, 1999, the complainants filed a complaint against Judge Alivia, accusing him of "Dishonesty, amounting to grave misconduct in office." They claimed that he falsely certified that he had disposed of the case within the mandated 90-day period, while in reality, the case remained undecided at the time the complaint was lodged. The delay in the resolution of the case allegedly deprived the complainants of their possession of the properties involved. In his defense, Judge Alivia acknowledged the delay but attributed it to his heavy workload as a presiding judg...
Case Digest (A.M. No. RTJ-00-1595)
Facts:
Parties Involved:
- Complainants: Luz Cadauan and Claro Cadauan (plaintiff and defendant, respectively, in Special Civil Action No. Br. 19-83 for Partition with Liquidation).
- Respondent: Judge Artemio R. Alivia, Regional Trial Court of Cauayan, Isabela, Branch 19.
Nature of the Case:
- The case involved a civil action for partition with liquidation, entitled "Luz Cadauan vs. Angel Cadauan, Jesus Cadauan, Julian Cadauan, Cely Cadauan, and Claro Cadauan."
- The case was submitted for decision on October 21, 1998.
Allegations Against Respondent Judge:
- Complainants accused Judge Alivia of "Dishonesty, amounting to grave misconduct in office" for certifying that he had disposed of the case within 90 days when, in fact, the case remained undecided at the time of the complaint.
- The delay allegedly deprived complainants of possession of the properties subject to the case.
Respondent Judge's Defense:
- Respondent admitted the delay but justified it due to his heavy workload as a presiding judge of a Special Crimes Court, handling cases involving heinous crimes.
- He claimed priority was given to cases involving detention prisoners and heinous crimes.
- He denied signing the certificate of service attached to the complaint.
Case Resolution:
- The civil case was eventually decided on September 9, 1999, almost 11 months after submission.
- Respondent Judge retired on November 14, 1999.
Procedural History:
- The Court Administrator recommended a fine of P5,000.00 for gross inefficiency.
- Complainants submitted the case for resolution, while respondent failed to file a manifestation despite notice.
Issue:
- Whether respondent Judge Artemio Alivia is administratively liable for failing to decide the civil case within the mandatory 90-day period.
- Whether respondent Judge committed dishonesty by certifying that he had disposed of the case within the reglementary period.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)