94 PHIL 922

MIGUEL A. ARVISU, COMPLAINT, v.

JUDGE AUGUSTO O. SUMILANG, Respondent

FACTS:

Respondent, JUDGE AUGUSTO O. SUMILANG was sued by the complainant Miguel A.

Arvisu, attorney-in-fact of theof the plaintiff Zenaida Alava-Levy for the ordering a motion
to dismiss the Civil Case No. 866. The said case was fell in the sala of the Municipal Trial
Court of Pila, Laguna presided by the respondent Judge who issued ON April 15, 1993,
an order stating that the motion to dismiss as well as the motion is deemed submitted
for the resolution of the court. On June 16, 1993, complainant filed an Ex-parte Motion to
resolve the motion to dismiss. Another motion to resolve the said dismissal was filed on
August 20, 1993 followed by another motion on December 15, 1993. Complainant
contends that despite the filing of the three Ex- Parte motions to resolve the motion to
dismiss, no action has been taken by respondent Judge to resolve the same. Respondent
Judge on the other hand, claims that the delay in the resolution of the motion to dismiss
was brought about by the failure to of his staff to present to him the Ex-Parte Motion to
Resolve. Allegedly, his clerk was newly appointed and that the motions were overlooked.

ISSUE:

WHETHER OR NOT THE REASON FOR DELAY OF THE ACTION OF THE RESPONDENT FOR
THE EX-PARTE MOTIONS TO RESOLVE THE CASE WAS TENABLE?

HELD:

The respondent Judge was found guilty of gross negligence and he is hereby ordered to
pay a fine of P3, 000.00. A judge cannot take refuge behind the insufficiency or
mismanagement by Court Personnel. He is the obly one directly responsible for the
proper discharge of his official functions. Court personnels are not the guardians of a
Judges responsibilities.

Prepared by: Audrey o. Azupardo

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