SC fines ex-La Union judge over ‘midnight rulings’
>> Monday, October 28, 2013
The Supreme Court (SC) has
penalized a former judge in La Union over “midnight decisions” that he handed
down on the day of his retirement in 2006.
In a decision obtained by
reporters Monday, the SC’s Second Division found retired Judge Santiago Soriano
guilty of gross inefficiency and gross ignorance of the law, and slapped him
with P40,000 fine “to be taken from the amount withheld from his retirement
benefits.”
The SC held that Soriano was
“remiss in the performance of his judicial duties.”
“Judge Soriano’s unreasonable
delay in deciding cases and resolving incidents and motions, and his failure to
decide the remaining cases before his compulsory retirement constitutes gross
inefficiency which cannot be tolerated,” read the ruling penned by Senior
Associate Justice Antonio Carpio.
Citing previous ruling, the SC
said “inexcusable failure to decide cases within the reglementary period
constitutes gross inefficiency, warranting the imposition of an administrative
sanction on the defaulting judge.”
“Judge Soriano’s inefficiency in
managing his caseload was compounded by gross negligence as evinced by the loss
of the records of at least four cases which could no longer be located or
reconstituted despite diligent efforts by his successor,” it said.
Soriano, it added, “was
responsible for managing his court efficiently to ensure the prompt delivery of
court services, especially the speedy disposition of cases.”
Under Rule 3.08, Canon 3 of the
Code of Judicial Conduct, a judge is mandated to diligently discharge
administrative responsibilities and maintain professional competence in court
management.
A judge should also organize and
supervise the court personnel to ensure the prompt and efficient dispatch of
business, and require at all times the observance of high standards of public
service and fidelity.
The court found Soriano guilty of
gross ignorance of the law for deciding 12 cases on July 25, 2006, which was
the day his compulsory retirement took effect.
Section 11, Article VIII of the
Constitution states that judges shall hold office during good behavior until
they reach the age of 70 or become incapacitated to discharge the duties of
their office.
The case against Soriano stemmed
from a judicial audit and inventory conducted by the Office of the Court
Administrator (OCA) on pending cases in the MTCC, Branch 2 in San Fernando, La
Union and in the MTC in Naguilian, La Union.
The audit team found that out of
the 59 cases submitted for decision in the MTCC, Branch 2, 57 cases were beyond
the reglementary period to decide.
A similar finding was made in the
Naguilian MTC where 39 out of 41 cases submitted for decision were beyond the
period to rule.
The OCA then directed Soriano to
decide the remaining unresolved cases and resolve the pending motions or
incidents in the other cases.
However, Soriano still failed to
decide a total of 36 cases submitted for decision in the MTC and MTCC combined,
which were all due for decision at the time of his compulsory retirement.
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