G.R. No. 162370 - Tiu vs. Court of Appeals

Leonardo R. Ocampo, the complainant, initiated an administrative complaint against Presiding Judge Gina M. Bibat-Palamos.
The complaint arose from the delay in issuing the writ of execution in Civil Case No. 754-95 (Leonardo R. Ocampo v. Leonora Tirona), an ejectment case which had already been decided by the Supreme Court.

The Motion for Execution was filed by the complainant around late September 2005 (notably on September 26/27, 2005) after the ejectment case was resolved by the Supreme Court on August 10, 2005.
An initial Order was issued and set for hearing, while the defendant promptly filed a request for an extension to file a comment on the motion.
Due to the defendant’s failure to comply with the extended deadline (October 20, 2005), the time for resolution commenced from that date.
The respondent judge eventually resolved the Motion for Execution on January 11, 2006, which is 83 days from the start of the prescribed period.
The Office of the Court Administrator (OCA) submitted a report on July 26, 2006, recommending that the administrative complaint be re-docketed as a regular administrative matter and that the judge be censured with a stern warning for the delay.

The complainant alleged that the respondent’s delay in issuing the writ of execution deprived him of promptly reacquiring possession of the property, exacerbating his loss.
Respondent Judge Bibat-Palamos, in her first and second motions for reconsideration, contended that there was no undue delay as:

The resolution of the Motion for Execution reasonably commenced only after the defendant’s period to file a comment had lapsed.
The issuance of the writ was delayed by administrative processes, including a physical inventory of cases required by an administrative circular.
The eventual resolution fell within the reglementary period fixed by law.

The reglementary periods provided under Article VIII, Section 15 of the 1987 Philippine Constitution were cited, which require:

The adoption of the Rule on Summary Procedure, aimed at ensuring speedy and inexpensive determinations, was highlighted as part of the judiciary’s commitment to due process.
Previous cases such as Hualam Construction and Development Corporation v. Court of Appeals and others were referenced to underline the importance of prompt action in ejectment proceedings.

Whether the delay in issuing the writ of execution by Judge Bibat-Palamos constitutes a violation of the reglementary time frames prescribed by law.

Did the judge act within the allowable period once the defendant’s deadline had lapsed?
Is the measurement of the 83 days from October 20, 2005, to January 11, 2006, legally acceptable under the mandated 90-day period for resolution in lower courts?

Whether the administrative complaint alleging gross ignorance of the law, inefficiency, and neglect of duty should be sustained against the judge.

If the delay was technically within the reglementary period, does it justify administrative punishment?
Were there any indications of malice, bad faith, or improper conduct by Judge Bibat-Palamos that warrant a censure?

The propriety of allowing a second motion for reconsideration in an administrative case involving the discipline of judges.

Is it appropriate under the circumstances to grant a second motion for reconsideration despite it generally being a prohibited pleading?