Case Digest: REPORT ON THE JUDICIAL AUDIT CONDUCTED IN THE MCTC-DAPA, SURIGAO DEL NORTE

REPORT ON THE JUDICIAL AUDIT CONDUCTED

IN THE MCTC-DAPA, SURIGAO DEL NORTE

439 SCRA 487 (2004)

A judge should at all times remain in full control of the proceedings in his sala and should follow the time limit set for deciding cases or resolving motions.

The Audit Team of the Court Management Office in the Municipal Circuit Trial Court (MCTC), Dapa-Socorro, Surigao del Norte conducted a judicial audit on Judge Rolando T. Literato whose official station is at MCTC Sison-Taganaan, Surigao del Norte but was assigned as acting presiding judge of three other MCTC’s. The audit reveals that several of the cases for his decision suffered an unreasonable delay caused by Judge Literato’s failure to control the proceedings or course of the cases.

The Office of the Court Administrator (OCA) found Judge Literato guilty of gross inefficiency.

ISSUE:

Whether or not Judge Literato is guilty of gross inefficiency

HELD:

The Court finds that, indeed, respondent judge is guilty of gross inefficiency and even gross negligence, hence, falling under the classification of less serious charge in Sec. 9 of Rule 140 of the Rules of Court, as amended by A.M. No. 01-8-10-SC.

A judge should at all times remain in full control of the proceedings in his sala and should follow the time limit set for deciding cases or resolving motions. He should not depend on his clerk of court for the calendaring of cases, for court management is ultimately his responsibility.

That a judge must be conversant with basic legal principles and procedures is elementary. Among other things, he is expected to keep his own record of cases and to note therein their status so that he may act on them accordingly and promptly. He must thus adopt a system of record management and organize his docket in order to bolster the prompt and effective dispatch of business. Unreasonable delay in resolving a pending incident is a violation of the norms of judicial conduct.