SC fines retired judge for ‘undue delay in rendering decisions’
CEBU CITY–Here’s a lesson for trial court judges.
The Supreme Court slapped a P100,000 fine on a retired judge in Lapu-Lapu City, Cebu for failing to resolve 191 cases on time before his term ended in 2011.
Judge Benedicto Cobarde was found administratively guilty of “undue delay in rendering decisions” within the mandatory 90-day period.
The fine will be deducted from Cobarde’s retirement benefits.
It was the fourth time Cobarde was fined for not being able to resolve cases within the reglementary period.
“Indeed, the inability of Judge Cobarde to perform his duties is manifest in his failure to decide 191 cases within the mandatory three-month reglementary period without any valid excuse,” said clerk of court Enriqueta Vidal in a notice she sent to concerned offices in the judiciary on October 10. The decision was posted on the Supreme Court website on Monday.
Cobarde, former presiding judge of the RTC Branch 53 in Lapu-Lapu City, apologized to the High Court for his failure to resolve cases on time but explained that it was unintentional.
Article continues after this advertisementThe High Court said Cobarde should have requested for additional time to decide on the cases which he could not reasonably act upon and decide.
Article continues after this advertisement“No less than the 1987 Constitution mandates lower courts to decide or resolve all cases or matters within the reglementary period of three months. Specifically, the Code of Judicial Conduct directs judges to dispose of their business promptly and decide cases within the required period,” Vidal stressed.
She also cited a High Court Administrative Circular No. which requires all judges “to scrupulously observe the periods prescribed in the Constitution for deciding cases, because failure to comply therewith violates the constitutional right of the parties to speedy disposition of their cases.”
In 2011, the Office of the Court Administrator (OCA) acted upon the request for the issuance of a Certificate of Clearance for Judge Cobarde in support of his application for Compulsory Retirement Benefits.
The OCA, through the clerk of court of the Regional Trial Court branch 53 in Lapu-Lapu City, found out that Cobarde failed to resolve a total of 191 cases submitted for decision that were already beyond the reglementary period at the time of his retirement.
After evaluation, the OCA recommended that a fine in the amount of P200,000 be imposed against Cobarde for gross inefficiency.
The High Court en banc affirmed OCA’s finding but reduced the penalty to P100,000.
“Under the circumstances, this Court deems it sufficient to fine Judge Cobarde in the amount of Pl00,000,” said Vidal who echoed the ruling of the high tribunal justices on the matter.
Under the Revised Rules of Court, undue delay in rendering a decision is a less serious offense punishable by suspension from office without salary and other benefits for not less than one month nor more than three months, or a fine of more than P 10,000 but not exceeding P20,000.
But in Cobarde’s case, the High Court noted that this was not the first time that an administrative case of the same nature was filed against the retired judge.
According to the high tribunal, it is but proper to impose a penalty exceeding the P20,000 limit against Cobarde who was found administratively liable for undue delay in the disposition of cases in three separate administrative cases and was fined the amounts of P20,000, Pl5,000, and P5,000.
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