Title
Dr. Julian L. Espiritu, Jr., represented by Rubenito R. Del Castillo, vs. Presiding Judge Santiago M. Arenas, Regional Trial Court of Quezon City
Case
A.M. No. RTJ-21-014
Decision Date
Dec 5, 2023
Judge Arenas fined PHP 120,000 for undue delay in resolving a motion, found guilty of Simple Neglect of Duty; Gross Ignorance of the Law dismissed.
gross ignorance
undue delay
judicial discretion

Case Summary (A.M. No. RTJ-21-014)

Initiation of the Administrative Complaint and Core Allegations

Complainant alleged that the subject case was raffled to Judge Arenas’ sala and, after due proceedings, Judge Arenas rendered a favorable decision dated July 13, 2010, awarding 5/6 of the property under litigation to complainant. The defendants appealed, and Judge Arenas’ decision was essentially affirmed by the Court. After finality, the case records were remanded to the RTC for execution proceedings.

Complainant asserted that he filed a Motion for Execution as early as July 9, 2015, but that Judge Arenas resolved it only in an Order dated July 6, 2018. Complainant therefore contended that such delay in resolving the motion for execution warranted administrative sanction for undue delay. He further alleged that, despite the finality of the subject case, Judge Arenas entertained various motions and pleadings filed by the defendants, set them for hearing, and allowed complainant and the defendants’ mother to testify, which complainant characterized as effectively reopening a decision that had already become final and executory—an act he argued constituted Gross Ignorance of the Law.

Comment of the Respondent Judge

In his Comment, Judge Arenas sought dismissal for lack of merit. As to the charge of undue delay, he pointed out that complainant’s motion for execution dated July 20, 2015 was actually resolved by an order dated August 31, 2016, and that a Writ of Execution was issued on August 18, 2017. Judge Arenas also emphasized that any perceived delays were not attributable to him because they were caused by subsequent pleadings, motions, and resettings filed by the parties, which generated incidents still pending resolution.

On the charge of gross ignorance of the law, Judge Arenas maintained that he knew the rule that once a decision becomes final and executory, execution should issue as a matter of right and that issuing the writ of execution is ministerial. He nevertheless argued that exceptions exist. He explained that he was compelled to consider the defendants’ subsequent pleadings and motions that were connected with complainant’s motion for execution, which he treated as matters requiring resolution in the course of execution. He also noted that he had repeatedly cautioned the defendants against prolonging execution by filing various motions.

Supervening Retirement and its Legal Effect

During the pendency of the administrative case, Judge Arenas compulsorily retired from the judiciary on October 27, 2020. The Court held that such retirement did not preclude the determination of administrative liability. It relied on Section 2(2) of the Rules of Court, Rule 140 as amended, which provides that supervening retirement or separation after institution of disciplinary proceedings does not bar continuation of the case. It also applied established case law that jurisdiction over an administrative proceeding attaches upon timely filing of the complaint during the respondent’s incumbency and is not lost by subsequent separation.

OCA Report and Recommendation

The Office of the Court Administrator (OCA), in a memorandum dated January 4, 2021, recommended dismissal of the charge of Gross Ignorance of the Law as being judicial in nature. The OCA found that Judge Arenas’ acts of entertaining defendants’ subsequent pleadings and motions and allowing complainant and the defendants’ mother to testify during execution proceedings were within judicial discretion, and that perceived errors in rulings should be corrected through proper judicial remedies rather than through an administrative complaint.

As to undue delay, the OCA recommended finding administrative liability only in relation to the incident arising from the defendants’ Motion to Enjoin the Implementation of the Writ of Execution, filed on November 9, 2017. It held that there was insufficient basis to fault Judge Arenas regarding complainant’s motion for execution as filed in July 2015, because while an order resolving it was issued in August 2016, the record did not clearly establish when the motion was submitted for resolution or when the last pleading was filed. Hence, no administrative liability was attributed for that particular episode.

However, the OCA concluded that Judge Arenas violated the constitutional timeframe in Article VIII, Section 15(1), when he resolved the Motion to Enjoin incident only by an order dated July 6, 2018, despite the incident having been submitted for resolution after the last pleading (the Rejoinder, filed on December 7, 2017). Thus, the OCA recommended a fine of PHP 15,000.00, to be deducted from retirement benefits.

The Court’s Framework: Applicability of the Amended Rule 140

The Court noted that on February 22, 2022, the En Banc unanimously approved A.M. No. 21-08-09-SC, “Further Amendments to Rule 140 of the Rules of Court,” and that publication requirements had been complied with by April 3, 2022, making the amended Rule 140 effective. It applied Section 24 of the amended rules on retroactive effect, which provides that the rules apply to pending and future administrative cases involving judicial personnel. The Court therefore resolved the matter under the amended disciplinary framework.

Issue for Resolution and Standard of Review

The Court framed the issue as whether Judge Arenas should be held administratively liable for the acts complained of. It proceeded to evaluate separately the charges of gross ignorance of the law and undue delay.

The Court’s Ruling on Gross Ignorance of the Law

The Court adopted the OCA’s disposition dismissing the Gross Ignorance of the Law charge. It held that Judge Arenas’ decision to entertain defendants’ subsequent pleadings and motions and to allow testimony during execution were matters of judicial discretion. The Court characterized complainant’s recourse as essentially judicial and held that complainant should have filed proper judicial remedies, such as appeal or certiorari, rather than initiating an administrative complaint. It reiterated that resort to and exhaustion of judicial remedies and the existence of a final ruling are prerequisites before imposing administrative measures against judges for alleged errors in the exercise of judicial functions.

The Court’s Ruling on Undue Delay

On the charge of undue delay, the Court adopted the OCA’s finding with respect to the incident involving the Motion to Enjoin the Implementation of the Writ of Execution, but not as to other episodes. It held that Judge Arenas could be administratively liable only regarding the Motion to Enjoin, filed on November 9, 2017, because Article VIII, Section 15(1) grants lower court judges three months to resolve a matter, reckoned from the date it is deemed submitted for resolution.

The Court applied the established rule that a matter is deemed submitted for resolution upon the filing of the last pleading in connection with the incident. It found that the record showed submission after the filing of the Rejoinder on December 7, 2017, yet Judge Arenas resolved the incident only on July 6, 2018, about seven months later. The Court found no justifiable reason for the delay and thus agreed with the OCA’s conclusion that administrative liability attached.

The Court further clarified that, under the amended disciplinary structure, the administrative offense of “Undue Delay in Rendering a Decision or Order, or in Transmitting the Records of the Case” had been subsumed under Gross Neglect of Duty or Simple Neglect of Duty depending on the seriousness, pursuant to jurisprudence interpreting Sections 14(d) and 15(6) of Rule 140. It discussed the doctrinal distinction between simple and gross neglect of duty, emphasizing that simple neglect involves failure to give proper attention due to carelessness or indifference, while gross neglect requires a glaring want of care or willful and intentional omission with conscious indifference to consequences.

Considering the circumstances, the Court found Judge Arenas administratively liable for simple neglect of duty rather than gross neglect.

Classification of the Administrative Offense and Penalty Computation

Having established simple neglect of duty in the performance or non-performance of official functions, the Court determined the applicable penalty under the amended rules. It held that the offense was less serious and, under Rule 140, Section 17(2), it carried either suspension for a range of one to six months without salary and other benefits, or a fine exceeding PHP 35,000.00 but not exceeding PHP 100,000.00.

Because Judge Arenas had already compulsorily retired, suspension could no longer be imposed. Accordingly, the Court imposed a

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