Case Digest (A.M. No. RTJ-01-1664)
Facts:
- Alfredo CaAada, Jr. filed a complaint against Judge Victorino Montecillo, Presiding Judge of Branch 57, Regional Trial Court, Cebu City, on February 18, 1997.
- The complaint alleged a violation of Section 1.1 of Administrative Circular No. 1, Series of 1988, and Article VIII, Section 15(1) of the 1987 Constitution.
- The underlying case, Civil Case No. CEB-14427, involved a land dispute over Lot 6733.
- The case's history began with Vicente CaAada, Alfredo's predecessor, who won Civil Case No. R-1630 in the Court of First Instance of Cebu City.
- The adverse party appealed and sold the property to Felix Gochan & Sons Realty Corporation (FGSRC) during the appeal.
- Vicente filed Civil Case No. R-6130 against FGSRC, which was dismissed after Mona Lisa Ma. Reyes claimed to be the real party-in-interest.
- On November 13, 1993, the heirs of Juan Jabutay and Angela Pacana filed Civil Case No. CEB-14427 against FGSRC, with the heirs of Olympia Jabutay as unwilling plaintiffs.
- FGSRC's motion to dismiss based on prescription and res judicata was denied by the trial court.
- Judge Montecillo ordered a discontinuation of proceedings, believing an agreement was reached, and directed a "Proposed Stipulation of Facts."
- FGSRC only reiterated its defenses, and Alfredo filed a motion for summary judgment on June 5, 1995, which was unresolved until January 9, 1996.
- The judge acknowledged his heavy caseload but failed to resolve pending motions promptly, leading to the complaint.
Issue:
- (Unlock)
Ruling:
- The Supreme Court found that Judge Victorino Montecillo failed to act seasonably in resolving the motions in Civil Case No. CEB-14427.
- A fine of One Thousand Pesos (P1,00...(Unlock)
Ratio:
- The Court highlighted the necessity of timely case resolution as mandated by Section 1...continue reading
Case Digest (A.M. No. RTJ-01-1664)
Facts:
The case involves Alfredo CaAada, Jr. as the complainant against Judge Victorino Montecillo, the Presiding Judge of Branch 57 of the Regional Trial Court in Cebu City. The complaint was filed on February 18, 1997, alleging that Judge Montecillo violated Section 1.1 of Administrative Circular No. 1, Series of 1988, in relation to Article VIII, Section 15(1) of the 1987 Constitution. The underlying case, Civil Case No. CEB-14427, was a land dispute involving a parcel of land known as Lot 6733. The history of the case dates back to Vicente CaAada, the predecessor of Alfredo, who initially filed Civil Case No. R-1630 in the Court of First Instance of Cebu City, which was resolved in his favor. The adverse party appealed the decision, and during the appeal, they sold the property to Felix Gochan & Sons Realty Corporation (FGSRC). Vicente subsequently filed another case, Civil Case No. R-6130, against FGSRC, which was dismissed after Mona Lisa Ma. Reyes, claiming to have acquired the property through dacion en pago, filed a motion to dismiss asserting she was the real party-in-interest.
On November 13, 1993, the heirs of Juan Jabutay and Angela Pacana filed Civil Case No. CEB-14427 against FGSRC, with the heirs of Olympia Jabutay as unwilling plaintiffs. FGSRC moved to dismiss the case on grounds of prescription and res judicata, but the trial court d...