Cebu City judge fined for ‘delayed’ decision
Mylen P. Manto (The Freeman) - November 9, 2018 - 12:00am

CEBU, Philippines — The Supreme Court (SC) fined Cebu City Regional Trial Court Branch 11 Judge Ramon Daomilas for failing to resolve a pending motion within the reglementary period.

 

SC found Daomilas guilty of an administrative case for undue delay in rendering an order.

"In the present case, a fine of P5,000 would be sufficient, after considering the fact that respondent Judge is managing two court stations. As well, the Court takes note of the OCA's observation that thus is the first time that he is found guilty of an administrative charge," read the decision penned by Associate Justice Alfredo Benjamin Caguioa.

If repeated, Daomilas was warned of more severe sanction.

Daomilas and his clerk of court, lawyer Rosadey Faelnar-Binongo, were charged with gross inexcusable negligence and gross ignorance of the law relative to the case, PJH Lending Corporation et.al. versus Wilma Zamora et.al.

It stemmed from the complaint filed by lawyer Makilito Mahinay on behalf of PJH.

Mahinay said they filed a complaint for judicial declaration of nullity of shareholdings with prayer for issuance of a writ of preliminary injunction and temporary restraining order (TRO) on December 19, 2012.

He alleged Daomilas violated the rules of procedure for Intra-Corporate Controversies when he failed to act on the prayer for TRO and/or a writ of preliminary injunction despite the lapse of more than two years from the date the matter was submitted for resolution in March 2013.

Mahinay repeated motions were also filed for an early resolution thereof.

On November 3, 2015, Mahinay wrote to the Office of the Court Administrator (OCA) for assistance in an early disposition of the pending prayer for TRO due to the alleged inaction of Daomilas.

Mahinay said Daomilas only issued an order granting PJH’s prayer on November 6, 2015.

For his defense, Daomilas denied that he delayed the resolution of PJH’s prayer.

Aside from his court, RTC Branch 11, Daomilas explained, he was previously assigned in the RTCs in the cities of Toledo, Lapu-Lapu, and Mandaue.

He said he took the responsibility despite the fact that he only had a very limited support staff.

Also, he said he did everything within his means and authority to perform his judicial functions despite of his heavy caseload.

Daomilas was recently designated as assisting judge for RTC Branch 55 in Mandaue City.

The SC, in a decision, found Daomilas administratively liable, not of gross ignorance of the law but of undue delay in rendering an order.

"...the court finds that respondent demonstrated inefficiency in handling the pending incidents which resulted in undue and inordinate delay in the resolution of the application for a writ of preliminary injunction. The November 6, 2015 order was rendered beyond the 90-day period within which a judge should decide a case or resolve a pending matter, reckoned from the date of the filing of the last pleading," read the decision.

The SC, on the other hand, dismissed the case filed against Binongo for lack of merit. — KBQ (FREEMAN)

RAMON DAOMILAS
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