Case Digest: DEL MUNDO v. JUDGE GUTIERREZ-TORRES

ANTONIO L. DEL MUNDO v. JUDGE LIZABETH GUTIERREZ-TORRES

A.M. No. MTJ-05-1611 (2005)

A judge who incurs unreasonable delay in resolving motions or pending incidents is violates the canons of the Code of Judicial Conduct and is guilty of gross inefficiency.

Antonio L. Del Mundo filed an ejectment case against Victoriano G. Sanchez. Sanchez filed a Motion to Dismiss which was opposed by Del Mundo. However, Sanchez failed to file a reply to the opposition. Del Mundo likewise file a Motion for Sanchez to Deposit Rentals. After Del Mundo filed several Motions to Resolve Motions to Dismiss and to Deposit Rentals, Judge Lizabeth Gutierrez-Torres failed to resolve the said motions. Thus, Del Mundo administratively charged Judge Gutierrez-Torres for her inefficiency.

ISSUE:

Whether or not Judge Gutierrez-Torres is guilty of gross inefficiency

HELD:

As a trial judge, Judge Gutierrez-Torres ought to know that by clear mandate of the Constitution, she must promptly dispose of cases or matters within 90 days. This mandate applies even to motions or interlocutory matters or incidents pending before a magistrate. Any unreasonable delay in resolving motions or pending incidents is also a violation of the canons of the Code of Judicial Conduct, and constitutes gross inefficiency which warrants the imposition of an administrative sanction.

Trial court judges being the paradigm of justice in the first instance have, time and again, been exhorted to dispose of the court’s business promptly and decide cases within the required period, for delays undermine the people’s faith in the judiciary from whom the prompt hearing of their supplications is anticipated and expected, and reinforce in the minds of the litigants the impression that the wheels of justice grind ever so slowly.

An ejectment case falls within the exclusive original jurisdiction of first level courts, hence, Judge Gutierrez-Tan as MeTC judge must not only be familiar with Rule 70 of the Rules of Court and the 1991 Revised Rule on Summary Procedure — the rules governing ejectment, among other cases, but must exhibit professional competence in deciding and resolving cases of such nature and all cases for that matter.