Professional Documents
Culture Documents
3 OCA vs. Judge Gonzales A.M. RTJ-16-2463
3 OCA vs. Judge Gonzales A.M. RTJ-16-2463
A.M. No. RTJ-16-2463 (Formerly A.M. No. 16-05-110-RTC), July 27, 2021
DECISION
PER CURIAM:
The 1987 Constitution mandates that all cases or matters be decided or resolved by the lower
courts within three months from date of submission. The failure of a judge to decide a case
within the required period is not excusable and is a ground for administrative sanction against the
defaulting judge.
This is an administrative complaint based on the Judicial Audit and Inventory of Cases
conducted in Branch 45, Regional Trial Court (RTC), Bais City, Negros Oriental presided
by Judge Candelario V. Gonzales (Judge Gonzales) from November 24 to 26, 2014
pursuant to Travel Order No. 133-2014 dated November 18, 2014.2
The Antecedents
In the Memorandum3 dated February 20, 2015 of the Office of the Court Administrator
(OCA), the judicial audit team reported that as of audit date, Branch 45 had a total case
load of 962 active cases, consisting of 649 criminal cases and 313 civil cases, classified
below according to the status/stage of proceedings:
Warrants/Summons 19 4 23
Arraignment 46 0 46
For Compliance 10 14 24
No Action Taken 0 7 7
No Further Action/Setting 18 24 42
54 17 71
0 6 6
0 4 4
13 3 16
0 2 2
Decided 3 0 3
Archived 22 0 22
Suspended Proceedings 13 1 14
Newly Filed 0 4 4
Judge Gonzales
Judge Tinagan
Judge Repollo
Judge Gonzales
Judge Tinagan
Judge Repollo
The audit team's general adverse findings stated that: (a) out of Judge Gonzales' 100
criminal cases that were submitted for decision, 61 were decided beyond the required
period; (b) Judge Gonzales inhibited himself in Criminal Case Nos. 11-01-B to 11-04-B
which were submitted for decision on September 13, 2011, in Criminal Case Nos. 13-01
and APL-13-02-B which were submitted for decision on June 27, 2013, and transferred
all of these cases to another judge in several Orders, all dated January 16, 2015; 5 (c)
Judge Gonzales has 54 criminal cases and 17 civil cases with unresolved motions;6 (d)
Judge Gonzales made no requests for any extension of time to decide and resolve the
motions;7 (e) although the data provided by the Statistical Reports Division of the Court
Management Office-OCA showed that Judge Gonzales had 178 cases submitted for
decision as of January 2014, 177 as of February 2011, 181 as of March 2014, 179 as of
April 2014, 176 as of May 2014, 176 as of June 2014, 178 as of July 2014, 185 as of
August 2014, 189 as of September and October 2014, and 172 as of November 2014,
the certified copies of the Certificates of Service of Judge Gonzales from January 2013
to December 20148 indicated that there were no cases submitted for decision or
pending motions before him;9 (f) the case records were neither stitched or held
together by fasteners nor paginated or chronologically arranged;10 (g) there was no
actual physical inventory of pending cases in the court; 11 (h) there were documents
attached to the records without time and date of receipt; 12 (i) at the time of audit, the
latest Monthly Report of Cases submitted to the Statistical Reports Division was for
September 2014 and there was no Semestral Docket Inventory for 2014; 13 and (j) the
court's docket books for criminal and civil cases were likewise not updated. 14
a) Summons dtd. 19 March 2013 was served by Sheriff Norberto Lacorte thru Ruel
Ferreron despite the fact that the petition in Civil Case No. F-11-29-A, entitled "Fedire
vs. Matsuo," states that respondent resides in Sakaide City, Kagawa Pref. Japan;
b) Service of Summons in Civil Case No. F-13-11-MY, entitled "Binas v. Eijkelkamp, was
immediately made on Ms. Precy Mae Buscato;
c) There was no pre-trial brief attached to the records of Civil Case No. 09-18-MY,
entitled "Rejado vs. Rejado," which is already at the trial stage;
d) The Notice dtd. 10-21-14 in Civil Case No. F-13-23-MJ, entitled "Cunanan v. Cunanan,"
informing petitioner's counsel Atty. Inso that Summons was unserved [and] was
returned to the court with a notation that there was insufficient address. However,
there was no address of counsel stated in the mailed envelop[e.] 15
With the adverse findings, the OCA directed Judge Gonzales: (a) to explain in writing
why he should not be administratively charged with gross dereliction of duty, gross
inefficiency, gross incompetence, and gross dishonesty; (b) to explain why his salaries
and allowances should not be withheld for his failure to decide 211 cases submitted for
decision, to resolve 71 cases with pending incidents or motions, and to indicate these
cases in his Certificates of Service for 2013 and 2014; (c) to refrain from acting on
manifestations signed by parties without the assistance of counsel; (d) to physically
conduct the actual inventory of active cases with the Branch Clerk of Court; and (e) to
submit compliance with the other directives within 30 days from receipt thereof.
On March 25, 2015, Judge Gonzales explained 19 that he had decided almost all of the
211 cases submitted for decision and left only a few unresolved motions. On the
appealed cases, he averred that he requested the OCA and the Regional Court
Administrator Office (RCAO) for authority to forward the cases to Judge Gerardo
Paguio. As he did not receive any response from any of the offices, he did not act on
the appealed cases.20 In addition, he stated that he underwent angioplasty and
angiogram procedures at the Cardinal Santos Medical Center in May 2013. He attached
a copy of the Medical Certificate21 dated April 24, 2013 showing that he was admitted at
the Silliman University Medical Center from April 12 to 18, 2013 for intestinal
amoebiasis with moderate dehydration, among others.22 also mentioned that the
hospitalization of one of his two stenographers and the contraction of pneumonia of the
other contributed to the delay.23 His letter reads in part:
As to the backlog of Criminal and Civil Cases for decision, may I humbly seek for your
empathy and understanding as these cases [were] not intentionally left still without
compelling reasons. At the latter part of November 2012, I was already advised by my
doctor to slow down on my work, due to my serious health condition. This prompted
me to write the Honorable Chief Justice on February 6, 2013, asking reliefs to solve the
situation, especially the assignment in Bais City of the newly created [R]egional [T]rial
[C]ourt. xxx
xxxx
I was already in the process of recovery and I already started to resume with the hectic
pace of hearing schedules, when I was overtaken by the Judicial Audit which I already
anticipated. However, as a result of my absence for a considerable length of time, cases
submitted for resolution piled up uncontrollably, and I failed to indicate these cases in
my Certificate of Service, without malicious intent, as I intended to do the same after
the 2014 inventory.
xxxx
I undertake to submit the list of cases that are still unresolved and hereby assure, your
honor, that these cases will soon be disposed in the month of March, 2015. 24
This notwithstanding, the OCA, on July 22, 2015,25 directed anew Judge Gonzales to:
(1) explain (a) why he failed to file requests for extension of time to decide the 211
cases and resolve the pending incidents or motions in 71 cases within the reglementary
period, as well as to indicate these cases in his Certificates of Service for the years 2013
and 2014; and (b) why he issued orders of inhibition in Civil Case No. 03-13-A, Civil
Case No. B-07-14, Criminal Case Nos. 11-01-B to 11-04- B, Criminal Case No. 12-01-B,
Criminal Case No. APL 13-02-B, and Criminal Case No. APL 13-01-B, which were all
submitted for decision earlier on; (2) submit his manifestation on the directives for him
to refrain from acting on manifestations signed by parties without the assistance of
counsel and the conduct of physical inventory of active cases; and (3) take appropriate
action on the remaining cases that require his action. 26
As regards Item 2 of the said Memo, the undersigned undertakes to refrain from acting
on Manifestations signed by parties without counsel, and to conduct actual physical
conduct of inventory of active cases, together with the Clerk of Court of this Court.
And finally, for Item 3, the undersigned hereby attach the list of cases acted upon by
the undersigned, together with their respective copies of Orders and Decisions. May I
pray that this will merit your kind consideration.29
In the Memorandum30 for Chief Justice Maria Lourdes P. A. Sereno dated March 30,
2016, the OCA recommended that Judge Gonzales be suspended for six (6) months
without salaries and allowances for Gross Dereliction of Duty, Gross Inefficiency, Gross
Incompetence for Undue Delay in the disposition of cases, and Gross Dishonesty.
As regards the motions/incidents in the 54 criminal cases that were already submitted
for resolution: (a) seven motions were resolved within the prescribed period; (b) 29
motions remained unresolved; (c) 13 motions lacked sufficient data to determine
whether they were timely resolved; and (d) four motions were deemed unresolved
since no copies of the orders or resolutions were forwarded to the OCA. 31
As to the 17 civil cases with pending motions: (a) one motion was resolved within the
prescribed period: (b) five motions were resolved beyond the prescribed period; (c)
nine motions were deemed unresolved because no copies of the orders or resolutions
were forwarded to the OCA; and (d) two motions lacked sufficient data to determine
whether they were timely resolved.32
As regards the 100 criminal cases submitted for decision: (a) 10 cases were decided
within the prescribed period; (b) 81 cases were decided beyond the prescribed period;
(c) Judge Gonzales inhibited himself from seven cases after they were submitted for
decision; and (d) two cases, namely, Criminal Case Nos. F-10-49-MJ and F-10-50-MJ,
both due on September 2, 2014, remained undecided.33
Anent the 111 civil cases submitted for decision: (a) 102 cases were decided beyond
the prescribed period; (b) one case was decided within the prescribed period; (c) Judge
Gonzales inhibited himself in two cases after they were submitted for decision; (d) five
cases remained undecided; and (e) one case was without sufficient data to determine
whether it was timely resolved.34
The Issue
After a judicious review of the records of the case, the Court agrees with the findings
and recommendations of the OCA.
The rules prescribing the period within which to decide and resolve cases are
mandatory in nature. Section 15(1), Article VIII of the Constitution enjoins that cases or
matters must be decided or resolved within three months for the lower courts. In
relation to this, Rule 3.05, Canon 3 of the Code of Judicial Conduct mandates judges to
dispose of the court's business promptly and decide cases within the required periods.
Moreover, under Section 5, Canon 6 of the New Code of Judicial Conduct for the
Philippine Judiciary, judges shall perform all judicial duties, including the delivery of
reserved decisions, efficiently, fairly, and with reasonable promptness. It is axiomatic
that "the honor and integrity of the judicial system is measured not only by the fairness
and correctness of decisions rendered, but also by the efficiency with which disputes
are resolved."
The Court has consistently impressed upon judges that cases should be decided
promptly and expeditiously under the time-honored precept that justice delayed is
justice denied. Judges should decide cases with dispatch and, should be careful,
punctual, and observant in the performance of their functions for delay in the
disposition of cases erodes the faith and confidence of our people in the judiciary,
lowers its standards and brings it into disrepute. Inexcusable failure to decide cases
within the reglementary period constitutes gross inefficiency, warranting the imposition
of an administrative sanction on the defaulting judge.
In OCA v. Judge Arreza,38 the audit team examined a total of 35 pending cases for the
respondent as of August 31, 2016. Of these cases, 23 were already submitted for
decision and were overdue for several months or even years, with the exception of one
case. With only 12 cases in active trial to handle, the audit team said that the
respondent had more than enough time to render decisions. The OCA recommended
that respondent be held liable for gross inefficiency and undue delay in deciding cases
and fined in the amount of P40,000.00. In adopting the findings of the OCA, the Court
instructed:
Similarly, in OCA v. Guiling,40 the Court found the respondent guilty of gross dereliction
of duty, gross inefficiency, and gross incompetence for undue delay in rendering
judgment in 23 criminal cases and 40 civil cases; undue delay in the resolution of
motions or incidents in 17 criminal cases and 63 civil cases; and violation of the Court’s
rules, directives, and circulars was fined P50,000.00 to be deducted from his retirement
benefits.
More recently, in OCA v. Galvez,41 the Court held that the imposition of the penalty of
suspension from office for six months, without salary, was commensurate to the
respondent's transgressions, specifically, the delay for at least 17 years, or from 2001 to
2018, in the resolution of 13 cases and his indifference and recalcitrant behavior
towards judicial processes. In view of his retirement, however, the alternative penalty
of fine equivalent to his six months' salary was imposed.
In the case, there is no doubt as to the guilt of Judge Gonzales. He has been remiss in
the performance of his responsibilities. He failed to decide cases and resolve pending
incidents within the reglementary period, without any authorized extension from the
Court. Per the OCA report, the period of delay by Judge Gonzales in criminal cases
ranges from one day to six years, while the delay in civil cases ranges from eight years
to 11 years. Worse, the cases were not indicated in the Certificates of Service of Judge
Gonzales for the years 2013 and 2014. 42 unreasonable delay in deciding cases and
resolving incidents and motions, including orders of inhibition, constitute gross
inefficiency which cannot be tolerated.43
In his Letter44 dated March 25, 2015, Judge Gonzales admitted the delay in the
resolution of pending incidents and deciding cases. He attributed the delays to heavy
pressure in work, serious health condition, and the absence of his two stenographers.
The Court commiserates with Judge Gonzales on his illnesses and professional
struggles. Even so, these excuses are not sufficient to absolve him of disciplinary action.
In Re: Cases Submitted for Decision before Judge Damaso A. Herrera, RTC, Br. 24, Binan,
Laguna45 the Court reminded that:
Judge Herrera's plea of heavy workload, lack of sufficient time, poor health, and
physical impossibility could not excuse him. Such circumstances were not justifications
for the delay or non-performance, given that he could have easily requested the Court
for the extension of his time to resolve the cases. Our awareness of the heavy caseload
of the trial courts has often moved us to allow reasonable extensions of the time for
trial judges to decide their cases. But we have to remind Judge Herrera and other trial
judges that no judge can choose to prolong, on his own, the period for deciding cases
beyond the period authorized by the law. Without an order of extension granted by the
Court, a failure to decide even a single case within the required period rightly
constitutes gross inefficiency that merits administrative sanction. 46
The Court is fully aware of the heavy dockets of the lower courts. In meritorious cases
involving difficult questions of law or complex issues, the Court, upon proper
application, grants additional time to decide beyond the reglementary period. In these
situations, the judge would not be subjected to disciplinary action. 47 Regrettably, for
Judge Gonzales, a close scrutiny of the records does not disclose any attempt by him to
request for a reasonable extension of time to dispose of his pending cases. Despite the
availability of this remedy which consists in simply asking for an extension of time from
the Court, he altogether passed up this opportunity. Judge Gonzales' inaction to seek
additional time reflected his indifference to the prescriptive periods provided by law to
resolve cases. The Court thus finds no reason to exonerate him.
Undue delay in rendering a decision or order is classified as a less serious charge and
punishable under Rule 140 of the Rules of Court by either: (1) suspension from service
without salary and other benefits for not less than one month nor more than three
months; or (2) a fine of not less than P35,000.00 but not exceeding P100,000.00. 48
On the false monthly Certificates of Service for
2013 and 2014 and docket inventory.
Aside from Judge Gonzales' gross inefficiency, the records show that despite the herein
pending cases, he was able to collect his salaries upon his certification that he has no
pending cases to resolve.
Here, Judge Gonzales failed to indicate the 211 cases submitted for decision in his
Certificates of Services for 2013 to 2014. 52 He stated in the certificates that he had
"decided and resolved all cases or incidents within three (3) months from the date of
submission x x x."53 However, the audit report reveals that there were 211 cases not
decided within the 90-day reglementary period. The same is true with the 71 motions
and incidents submitted for resolution left pending beyond the same period.
Other violations.
The administration of justice demands that those who don judicial robes be able to
comply fully and faithfully with the tasks before them. Judges are duty bound not only
to be faithful to the law, but also to maintain professional competence. Judge Gonzales
obviously failed in this aspect. His submission of false monthly reports and docket
inventory undermines the speedy disposition of cases and administration of justice and
is prejudicial to the interest of the parties. What is more, his admitted negligence in not
reviewing the monthly reports of cases and the docket inventory violated the rules on
administrative duties outlined in the Code of Judicial Conduct. 55
Judge Gonzales' violations of the New Code of Judicial Conduct for the Philippine
Judiciary and the Code of Judicial Conduct constitute gross misconduct. Gross
misconduct is a serious charge and is punishable by: (1) dismissal from the service; (2)
suspension from office for more than three months but not exceeding six months; or
(3) a fine of more than P100,000.00 but not exceeding P200,000.00.56
Penalties
The following are the guidelines in the imposition of penalties in administrative matters
involving members of the Bench and the Court personnel:
(a) Rule 140 of the Rules of Court shall exclusively govern administrative cases
involving judges or justices of the lower, courts. If the respondent judge or justice of
the lower court is found guilty of multiple offenses under Rule 140 of the Rules of
Court, the Court shall impose separate penalties for each violation; and
(b) The administrative liability of court personnel (who are not judges or justices of the
lower courts) shall be governed by the Code of Conduct for Court Personnel, which
incorporates, among others, the civil service laws and rules. If the respondent court
personnel is found guilty of multiple administrative offenses, the Court shall impose the
penalty corresponding to the most serious charge, and the rest shall be considered as
aggravating circumstances.57
Rule 140, as amended by A.M. No. 21-03-17-SC dated May 31, 2021, classifies the
administrative charges against members of the Bench as serious, less serious and
light.58
The corresponding penalties for a finding of guilt on any of these charges are provided
in Rule 140, as amended by A.M. No. 21-03-17-SC:
Section 25. Sanctions.
2 Suspension from office without salary and other benefits for more
than three (3) but not exceeding six (6) months; or
1 Suspension from office without salary and other benefits for not less
than one (1) nor more than three (3) months; or
2 Censure;
3 Reprimand;
Under Rule 140 of the Rules of Court, as amended, a serious charge like Gross
Misconduct may be punishable by: (a) dismissal from the service, forfeiture of all or
part of the benefits as the Court may determine, and disqualification from
reinstatement or appointment to any public office, including government-owned and -
controlled corporations, provided, however, that the forfeiture of benefits shall in no
case include accrued leave credits; (b) suspension from office without salary and other
benefits for more than three but not exceeding six months; or (c) a fine of more than
P100,000.00 but not exceeding P200,000.00. A less serious charge may be punishable
by: (a) suspension from office without salary and other benefits for not less than one
nor more than three months; or (b) a fine of not less than P35,000.00 but not
exceeding P100,000.00.
Considering that Judge Gonzales has been previously found guilty of a serious
offense,60 the Court is constrained to impose the penalty of dismissal against him, and
separately, a fine of P35,000.00 each for the less serious charges of (1) delay in
rendering decisions, and (2) making untruthful statements in his Certificates of Service
and Docket Inventory.
No less than the Constitution states that a member of the judiciary "must be a person
of proven competence, integrity, probity and independence." It is, therefore, highly
imperative that a judge should be conversant with basic legal principles. When a judge
displays an utter lack of familiarity with the rules, he erodes the public's confidence in
the competence of our courts. Judge Gonzales failed to live up to the exacting
standards of his office. His delay in rendering judgments, submission of false monthly
certificates of service and docket inventory, and violations of the New Code of Judicial
Conduct for the Philippine Judiciary and the Code of Judicial Conduct cast a heavy
shadow on his moral, intellectual, and attitudinal competence and render him unfit to
don the judicial robe and to perform the functions of a magistrate. 61 These infractions
raise a serious question on Judge Gonzales' competence and integrity in the
performance of his functions as a magistrate. The Court can no longer afford to be
lenient this time, lest it would give the impression that incompetence and repeated
violation of the Rules are being countenanced in the judiciary. Considering Judge
Gonzales' repeated violations, the Court is constrained to impose the supreme penalty
of dismissal.62
SO ORDERED.