BERNARDINO MARCELINO

v.
THE HON. FERNANDO CRUZ, JR.

[GR No. L-42428, 1983 Mar 18] 2nd DivisionESCOLIN, J.:

FACTS:
On 04 Aug 1975, Marcelino was convicted for rape. On the same date, the attorneys
of both parties in the criminal case moved for time within which to submit their respective
memoranda. On the date set for promulgation of the decision in its finality, Marcelinos
counsel moved for postponement. The court ignored his motion.

ISSUE:
Did Judge Cruz resolve the case within the allotted period?

HELD:
The date of promulgation of a decision could not serve as the reckoning date because
the same necessarily comes at a later date. Section 11 (1), Art 10 of the 1987 Constitution
provides that upon the effectivity of this constitution, the maximum period within which
case or matter shall be decided or resolved from the date of its submission shall be; 18
months for the Supreme Court, 12 months for the inferior courts and 3 months for lower
courts. In practice, the Supreme Court is liberal when it comes to this provision. It had
various stands depending upon proper application and for valid or meritorious reasons which
are provided for by judges of the lower courts in which extension may be given to resolve
such cases.