Case Summary (A.M. No. MTJ-03-1480)
Relevant Dates and Proceedings
The timeline of significant events begins with the favorable judgment for Cirilo Cabahug, affirmed by the Regional Trial Court and later by the Court of Appeals, with the decision becoming final on February 17, 2000. Following the issuance of a writ of execution on November 3, 2000, the sheriff executed the judgment and ejected the defendant from the property. However, issues arose when Rosalinda Cabahug, the wife of the defendant, encroached upon the property again, prompting Trinidad to file a contempt motion on July 24, 2001. The Municipal Trial Court denied this motion on August 24, 2001. Trinidad filed a motion for reconsideration on September 19, 2001, which remained unresolved for an extended period, leading to the administrative complaint.
Allegations Against the Respondent
The complainant alleged undue delay by Judge Dacanay in resolving her motion for reconsideration filed in September 2001. Judging from her affidavit-complaint dated June 3, 2002, Trinidad expressed frustration over the inaction on her motion and claimed that even after her inquiry in December 2001, the judge failed to address the motion in a timely manner. The judge, in his comment, indicated that the complainant's actions, specifically her choice of counsel and subsequent motion to withdraw, contributed to the delay.
Judicial Administration Findings
The Office of the Court Administrator (OCA), through Court Administrator Presbitero J. Velasco, Jr., conducted an investigation and submitted a report finding Judge Dacanay guilty of gross inefficiency. The OCA pointed out the judge's failure to resolve the motion for reconsideration within the mandated 90-day period, which constituted gross inefficiency under judicial standards. The report noted that 231 days passed before the motion was addressed, and the judge's reliance on the complainant’s actions was deemed insufficient to justify the delay.
Conclusion and Penalty
Upon review, the Supreme Court
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Case Overview
- This case concerns a complaint against Judge Jasper Jesse G. Dacanay, a municipal trial court judge, filed by Trinidad Cabahug on June 3, 2002.
- The complaint alleges undue delay in resolving Cabahug's motion for reconsideration in Civil Case No. 217, which involved the recovery of possession of real property and damages.
Background of the Case
- Trinidad Cabahug's husband, Cirilo Cabahug, won a favorable judgment in Civil Case No. 217, which was affirmed by higher courts, including the Regional Trial Court and the Court of Appeals.
- The Court of Appeals' decision became final on February 17, 2000.
- A writ of execution was issued on November 3, 2000, leading to the ejection of the defendant, Remegio Cabahug, from the property.
- Despite the implementation of the judgment, the defendant's wife, Rosalinda Cabahug, encroached upon the property, prompting Trinidad Cabahug to file a motion for contempt on July 24, 2001.
Procedural History
- The Municipal Trial Court denied the motion for contempt in an order dated August 24, 2001.
- On September 19, 2001, Trinidad Cabahug f