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Sunday, May 06, 2007
SC asks judge: Pay P20T fine
CEBU CITY -- The Supreme Court (SC) has ordered a Cebu judge fined a total of P20,000 for failing to resolve a particular case on time and for failing to explain why.
Judge Benedicto Cobarde, presiding officer of the 53rd Branch of the Regional Trial Court (RTC) based in Lapu-Lapu City, has also been "sternly warned" against a repetition in a decision penned by Associate Justice Antonio Eduardo Nachura for the High Court's Third Division.
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In failing to decide on a case quickly, the SC said Cobarde committed an "inexcusable" error that constituted "gross inefficiently and neglect of duty." It slapped him with a P15,000 fine.
And for failing to explain why, the court said Cobarde "should be reminded that the Office of the Court Administrator (OCA) exercises supervision over all lower courts" and that his prolonged and repeated refusal to comply with the directive of the office "constitutes a clear and willful disrespect for lawful orders of the OCA."
"Such defiance is gross insubordination, meriting the imposition of a fine of P5,000," the ruling read.
The investigation and subsequent penalty against Judge Cobarde stemmed from a February 4, 2003 letter sent by lawyer Felipe Paquing to the High Court over the judge's delayed resolution of the case titled Federico Nacua, et al. vs. the Mactan Cebu International Airport Authority (MCIAA).
Paquing said the case has been with Cobarde since June 27, 2001 and that as early as October 10, 2002, he already filed a motion for the early resolution of the case.
The OCA, through Deputy Court Administrator Zenaida Elepaño, twice ordered Cobarde to explain, in letters dated Feb. 18 and May 30, 2003, but Cobarde allegedly failed to comply.
Then court administrator Presbitero Velasco, now an associate justice, followed it up by sending a letter on August 21 of the same year and a tracer letter dated October 22.
Both warned of penalties against non-compliance but both "still proved futile."
The OCA, Cobarde's non-compliance notwithstanding, resolved to endorse the matter to the High Tribunal with recommendations that a show-cause order against Cobarde be issued. One was sent last May 5, 2004.
But even before the letter could be sent, Cobarde sent the High Tribunal a letter dated March 24 apologizing for failing to answer the OCA's directives and the delay in the resolution of the case.
He attached a copy of his resolution, dated March 22, and said the delay was "unintentional."
"Indeed, competence and diligence are the prerequisites to the due performance of judicial office. Judges are enjoined to perform all judicial duties, including the delivery of reserved decisions efficiently, fairly and with reasonable promptness," the High Court said.
"Mandatory rules prescribing the time to render judgment and to resolve pending incidents within 90 days from the time of submission for resolution are considered absolutely indispensable to the prevention of needless delays and the orderly and speedy discharge of judicial business," it added. (KNR of Sun.Star Cebu)For more Philippine news, visit Sun.Star General Santos. (May 6, 2007 issue)
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