Magistrate fined over 160 pending cases

The Supreme Court has imposed a fine on an incumbent Court of Appeals (CA) justice for failure to decide on 160 cases within the reglementary period during her stint as a regional trial court (RTC) judge.

In a per curiam decision promulgated on June 23 but only made public on Thursday, the Supreme Court said it fined Justice Marilyn Lagura-Yap to an amount equivalent to one year of her salary as an appellate justice after she was found guilty of gross inefficiency when then presiding judge of Mandaue City RTC Branch 28. Yap also failed to submit the required certification of caseload before the Judicial and Bar Council (JBC) when she applied for the CA post in 2011.

She was further admonished to be more diligent in the performance of her sworn duty as a dispenser of justice, especially now that she is a CA associate justice. The Supreme Court said the decision is immediately executory and that the fine is payable within 30 days from receipt of notice.

In imposing the fine equivalent to one year of her current salary, the court said it considered the number of cases left undecided and the lack of any plausible explanation for such failure to decide within the reglementary period, and her failure to submit the certification of pending cases before the JBC.

While the high court noted that Yap’s justification— among them heavy caseload, voluminous records, death of family members and being understaffed—may be recognized as true and reasonable, it said they “are not sufficient to exonerate her from liability.”

However, the Supreme Court said it cannot accuse Yap of dishonesty.

The Supreme Court stressed that under the Constitution, all lower courts should decide or resolve cases or matters within three months from the date of submission.

“[D]elay in the disposition of cases is a major culprit in the erosion of public faith and confidence in the judicial system, as judges have the sworn duty to administer justice without undue delay,” it said.