CASE 65 Judge Adoracion G. Angeles vs Judge Maria Elisa Sempio Diy A.M. No.

RTJ-10-2248; September 29, 2010 Topic: Sec. 5 FACTS: Complainant Judge Angeles filed an administrative complaint for disbarment and dismissal from judiciary service against respondent Judge Sempio Diy which stemmed from a consolidated criminal case. Complainant alleged that she was the private complainant in the above-mentioned cases which by order of respondent judge were submitted for decision and set for promulgation. However, said rendering of decision and promulgation of judgment incur delay after a lapse of 90 days and six (6) months, respectively, from the time it was submitted for resolution to the time it was promulgated. Respondent judge belies to the accusations hurled at her by complainant. The former counters that she decided subject cases in due time and within the extended period granted by the Supreme Court. ISSUE: WON respondent judge violated Canon 6 Sec. 5 of the NCJC. RULING: Canon 6, Sec. 5 of the NCJC states that judges shall perform all judicial duties including the delivery of reserved decisions, efficiently, fairly and with reasonable promptness. In the case at bar, there is no evidence to show any dubious reason

or improper motive that could have compelled respondent to delay the resolution of the subject motion. In fact, when respondent found out about the unresolved subject motion in the consolidated cases, she immediately ordered its submission for resolution. In the absence of malice, the delay could only be due to inadvertence. And to consider the fact that it was her first infraction and the first time for her to face an administrative complaint of this kind, respondent judge is admonished.