This case has been cited 5 times or more.
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2004-01-28 |
TINGA, J, |
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| Non-submission of memoranda is not part of the trial nor is the memorandum itself essential, much less indispensable pleading before a case may be submitted for decision. As it is merely intended to aid the court in the rendition of the decision in accordance with law and evidence - which even in its absence the court can do on the basis of the judge's personal notes and the records of the case - non-submission thereof has invariably been considered a waiver of the privilege.[32] | |||||
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2000-10-12 |
BUENA, J. |
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| The Constitution,[3] no less, mandates that all cases or matters filed before all lower courts shall be decided or resolved within three months from date of submission thereof. In the same vein, Rule 3.05 of Canon 3 of the Code of Judicial Conduct admonishes all judges to dispose of the court's business promptly and decide cases within the periods fixed by law, that is three (3) months from the filing of the last pleading, brief or memorandum.[4] | |||||
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2000-10-12 |
BUENA, J. |
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| Under these circumstances, respondent judge clearly transgressed the applicable rules relating to the proper and speedy disposition and resolution of cases within the reglementary period provided by law. For the standing rule is that the ninety-day period for deciding cases should be observed by all judges, unless they have been granted additional time.[6] Stated differently, magistrates of the law are, in this jurisdiction, not without adequate remedy to balance the proper administration of justice with the strict demands and exigencies of judicial service. Thus, judges when burdened by heavy caseloads which prevent them from disposing their cases within the reglementary period may, with leave of this Court, ask for additional time,[7] especially when difficult questions of law are involved. | |||||
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2000-07-24 |
PARDO, J. |
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| pharisaical, as they are puerile. It was Judge Ferrer's duty to recommend to the Supreme Court the immediate appointment of a Branch Clerk of Court. As judge, he was duty bound to personally keep a tabulation of cases submitted for decision. With more reason, Judge Ferrer was executive judge, and must be an example of rectitude in his actions. The designation as executive judge is a recognition of his leadership qualities but does not excuse him from complying with his constitutional duty to decide cases within the prescribed period from submission for decision.[8] "The claim of good faith and absence 'of malice in these glaring instances of incompetence and ineptitude do not abate his consequent liability. For good faith and lack of malicious intent cannot completely free respondent judge from liability".[9] | |||||