Title
Valdez vs. Torres
Case
A.M. No. MTJ-11-1796
Decision Date
Jun 13, 2012
Judge Lizabeth Gutierrez-Torres found guilty of undue delay in resolving a civil case and insubordination for failing to comply with OCA directives, fined P20,000.00 post-dismissal.
A

Case Summary (G.R. No. L-26615)

Factual Background: Civil Case No. 20191 and the Alleged Delay

Valdez alleged that she purchased a comprehensive insurance policy for her motor vehicle from PGAI through the broker Tan, that she fully paid her premium, and that during the policy’s validity her insured motor vehicle was damaged. She further claimed that the repair cost was P167,278.56, and that PGAI and Tan refused to pay her claim despite demands. She prayed for actual damages of P167,278.56, moral damages of P50,000.00, exemplary damages of P50,000.00, attorneys fees of P50,000.00, and appearance fees of P2,000.00.

In Civil Case No. 20191, respondent proceeded under the Revised Rule on Summary Procedure. After the parties filed their respective position papers, respondent submitted the case for decision on July 19, 2006. The Court noted that almost a year later the case remained unresolved. Valdez then filed a sequence of motions to obtain immediate resolution: a first motion on June 27, 2007, a second on October 19, 2007, a third on December 11, 2007, a fourth on April 15, 2008, a fifth on June 11, 2008, a sixth on July 7, 2008, a seventh motion on April 21, 2009, and an eighth motion on January 17, 2010. Despite these repeated requests, Civil Case No. 20191 was still pending.

On account of the continuing inaction, Valdez filed the administrative complaint on June 4, 2010, alleging that respondent’s delay was unreasonable and had caused damage and prejudice.

Initiation of the Administrative Complaint and Respondent’s Non-Compliance

Through a First Indorsement dated June 10, 2010, the Office of the Court Administrator (OCA) informed respondent of the administrative complaint and required her to submit her comment within ten (10) days from receipt. The record showed that respondent received this Indorsement on July 5, 2010 but did not file her comment within the prescribed period. The OCA thereafter issued a First Tracer dated September 15, 2010, reiterating the requirement to submit the comment within ten days, warning that the case would be submitted for resolution without her comment if she failed to comply. Respondent received the tracer on October 22, 2010 but again failed to comply.

Valdez also wrote to the OCA on September 8, 2010, requesting action because Civil Case No. 20191 still had not been decided. Meanwhile, on November 23, 2010, the Supreme Court promulgated a Decision in other consolidated administrative cases against respondent, including Lugares v. Gutierrez-Torres, where respondent was already dismissed from service.

In a Report dated August 25, 2011, the OCA recommended that the complaint be re-docketed as a regular administrative matter, that respondent be found guilty of insubordination, gross inefficiency, and grave and serious misconduct, and that, considering her previous dismissal from service, a fine of P20,000.00 be imposed to be deducted from her accrued leave credits. The OCA also recommended that the Employees Leave Division compute respondent’s earned leave credits, and that the Finance Division compute the monetary value and effect the deduction, without prejudice to penalties in any other pending cases.

On October 3, 2011, the Court issued a Resolution re-docketing the administrative complaint as a regular administrative matter and requiring both parties to manifest within ten (10) days from notice whether they were willing to submit the matter for resolution based on the pleadings. Both parties failed to make the required manifestations, and the Court thus deemed the case submitted for decision based on the pleadings and record.

The Court’s Observations on Respondent’s Failure to Defend

The Court emphasized that respondent had been given ample opportunity to respond. It stressed that both the OCA’s First Indorsement and First Tracer explicitly required her to file a comment, yet she did not do so until the resolution of the case. The Court also noted her failure, despite notice, to comply with its October 3, 2011 Resolution requiring a manifestation whether to submit on the pleadings. The Court stated that such non-compliance could amount to insubordination, gross inefficiency, and neglect of duty, and it held that it was respondent’s duty both to obey lawful orders of superiors and to defend herself against the charges.

The Court further reasoned that respondent’s non-compliance had caused her to lose the opportunity to present a defense and contest the allegations.

Applicable Constitutional and Procedural Time Limits

On the merits, the Court grounded its assessment of delay on constitutional and procedural mandates. It reiterated that Section 15(1), Article VIII of the Constitution requires that cases or matters filed in lower courts must be decided or resolved within three months from the date they are submitted for decision or resolution. The Court also addressed the special rule applicable to cases under the Revised Rule on Summary Procedure, explaining that first-level courts were allowed only thirty (30) days following receipt of the last affidavit and position paper, or expiration of the period to file the same, within which to render judgment.

The Court characterized rules prescribing time periods for judicial action as absolutely indispensable to prevent needless delays and to enable the orderly and speedy discharge of judicial business. It held that these rules were mandatory by their nature. It further invoked judicial conduct standards and administrative guidance: Rule 3.05, Canon 3 of the Code of Judicial Conduct required prompt disposal and decision within required periods; Canons 6 and 7 of the Canons of Judicial Ethics similarly exhorted judges toward promptness and punctuality; and Administrative Circular No. 1 (January 28, 1988) reminded magistrates to observe scrupulously the constitutional periods and to act promptly on motions and interlocutory matters.

Findings: Undue Delay in Resolving Civil Case No. 20191

Applying these standards, the Court found that respondent failed to meet the duty of promptness. Civil Case No. 20191 was submitted for decision on July 19, 2006. Yet at the time Valdez filed the administrative complaint on June 4, 2010, the case still had not been resolved. It also remained pending when Valdez made her manifestation before the OCA on September 8, 2010. The Court stressed that more than four years after submission for decision, Civil Case No. 20191 was still awaiting decision.

The Court held that respondent “irrefragably” failed to decide Civil Case No. 20191 within the thirty (30)-day period prescribed by the Revised Rule on Summary Procedure. It also held that respondent failed to decide within the three-month constitutional period applicable generally to lower courts. The Court observed that the records showed no prior attempt by respondent to report and request an extension of time to resolve the case.

Classification of Delay and Consideration of Prior Administrative Dispositions

The Court cited Section 9, Rule 140 of the Rules of Court, as amended by A.M. No. 01-8-10-SC, which classifies undue delay in rendering a decision as a less serious charge. The penalties for such a charge include suspension from office without salary and other benefits for one month to three months, or a fine of P10,000.00 to P20,000.00.

The Court also considered respondent’s administrative history. It recounted that in Del Mundo v. Gutierrez-Torres, respondent had been found guilty of gross inefficiency for undue delay in resolving a motion to dismiss, with a P20,000.00 fine imposed. In Gonzalez v. Torres, respondent was sanctioned for unreasonable delay in resolving a demurrer to evidence, again with a P20,000.00 fine. In Plata v. Torres, the Court imposed P10,000.00 for undue delay in resolving a motion to withdraw information and another P10,000.00 for repeated failure to comply with directives to file her comment. In Winternitz v. Gutierrez-Torres, the Court held respondent guilty of undue delay in acting on motions to withdraw informations and imposed a one-month suspension without salary and other benefits. In Soluren v. Torres, respondent was fined P20,000.00 for undue delay in acting on repeated motions to withdraw informations.

The Court further noted that in Lugares v. Gutierrez-Torres, promulgated on November 23, 2010, it had already dismissed respondent from service for gross inefficiency, gross ignorance of the law, dereliction of duty, violation of the Code of Judicial Conduct, and for insubordination due to defiance of Court orders by failing to file a comment on the charges. It added that in Pancubila v. Torres, another fine of P20,000.00 had been imposed for undue delay in rendering a decision and violation of a dire

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