Dear Atty. Gab

Musta Atty! I’m writing to you out of desperation. My family and I filed a case regarding a property dispute with a neighbor about three years ago. The hearings have concluded, and we’ve submitted all the necessary documents, but the judge hasn’t issued a decision. We’ve followed up multiple times, but each time we’re told that the judge is still reviewing the case. This delay is causing immense stress and financial strain on my family. We feel like we’re stuck in limbo, unable to move forward with our lives. Is there a limit to how long a judge can take to decide a case? What are our rights in this situation, and what steps can we take to expedite the process? Any advice you can provide would be greatly appreciated.

Sincerely,
Andres Santiago

Dear Andres

Andres, I understand your frustration with the prolonged delay in your property dispute case. It’s certainly disheartening when the wheels of justice seem to turn so slowly. The core issue here revolves around the prescribed timelines for judges to render decisions and the remedies available when these timelines are not met.

Judicial Timelines: What Happens When Judges Don’t Decide on Time?

In the Philippines, the Constitution sets specific timeframes for courts to resolve cases. These timeframes are in place to ensure the prompt and efficient administration of justice. Undue delays can significantly impact the parties involved, causing emotional distress, financial hardship, and a general loss of faith in the judicial system. The right to a speedy disposition of cases is not just a procedural rule; it’s a fundamental right guaranteed to every citizen.

The 1987 Philippine Constitution mandates specific timeframes for resolving cases: “all cases or matters filed after the effectivity of the Constitution must be decided or resolved within twenty-four months from date of submission for the Supreme Court, and, unless reduced by the Supreme Court, twelve months for all lower collegiate courts, and three months for all other lower courts.” This provision emphasizes the importance of timely disposition of cases to uphold the integrity and efficiency of the judicial system. Given that your case is in a lower court, the judge generally has three months to decide from the time the case is submitted for decision.

Moreover, the New Code of Judicial Conduct for the Philippine Judiciary states that judges must “perform all judicial duties, including the delivery of reserved decisions, efficiently, fairly and with reasonable promptness.”

Delaying decisions without valid reason constitutes gross inefficiency and can result in administrative sanctions for the judge. In fact, failure to act within the mandated period can be considered a violation of judicial ethics.

The Supreme Court has also provided guidelines on when a case is considered submitted for decision. Administrative Circular No. 28, dated July 3, 1989, specifies that “a case is considered submitted for decision upon the admission of the evidence of the parties at the termination of the trial. The ninety (90) day period for deciding the case shall commence to run from submission of the case for decision without memoranda; in case the court requires or allows its filing, the case shall be considered submitted for decision upon the filing of the last memorandum or upon the expiration of the period to do so, whichever is earlier.” This circular clarifies the starting point for the decision-making period, ensuring that there is no ambiguity regarding when the clock begins to tick.

It is the judge’s responsibility to manage their caseload effectively and to prioritize cases that have been pending for an extended period. Judges are expected to “devote their professional activity to judicial duties, which include xxx the performance of judicial functions and responsibilities in court and the making of decisions xxx,”

If a judge anticipates needing more time to resolve a case, they should request an extension from the Supreme Court through the Office of the Court Administrator (OCA), explaining the reasons for the delay. Judges cannot simply sit on cases indefinitely without providing any explanation or justification.

“A judge like Judge Gutierrez-Torres should be imbued with a high sense of duty and responsibility in the discharge of the obligation to promptly administer justice. She must cultivate a capacity for promptly rendering her decisions. Should she anticipate that she would need a period longer than what the Constitution and the issuances of the Court prescribe within which to render her decision or resolution, she should request a proper extension of the period from the Court, through the OCA, and lay out in the request the justification for her inability.”

What options do you have if a judge fails to decide your case within the required timeframe? First, you can file a motion for early resolution. This motion politely reminds the judge of the pending decision and requests its prompt issuance. You should also explore the possibility of filing an administrative complaint with the Office of the Court Administrator (OCA). The OCA is the disciplinary arm of the Supreme Court and has the authority to investigate and recommend sanctions against judges who violate the rules and regulations of the judiciary. Be sure that the said motion is duly filed and received by the court.

Practical Advice for Your Situation

• File a Formal Inquiry: Submit a written inquiry to the Clerk of Court, requesting an update on the status of your case and the reasons for the delay. Keep a copy of the inquiry for your records.
• Submit a Motion for Early Resolution: File a formal motion requesting the judge to expedite the decision-making process, citing the constitutional mandate for speedy disposition of cases.
• Consider an Administrative Complaint: If the delay persists without a reasonable explanation, consult with a lawyer about filing an administrative complaint with the Office of the Court Administrator (OCA).
• Document Everything: Keep a detailed record of all your communications with the court, including dates, names of personnel, and the content of discussions. This documentation will be crucial if you decide to pursue further legal action.
• Consult Legal Counsel: Seek advice from a competent lawyer who can assess your situation, advise you on the best course of action, and represent you in court if necessary.
• Stay Persistent but Respectful: Continue to follow up on your case regularly, but always maintain a respectful and professional demeanor in your interactions with court personnel.

I know how frustrating this situation is, Andres. You need to be proactive in asserting your rights. By taking these steps, you can hopefully prompt the judge to act and bring your property dispute to a resolution.

Hope this helps!

Sincerely,
Atty. Gabriel Ablola

For more specific legal assistance related to your situation, please contact me through gaboogle.com or via email at connect@gaboogle.com.

Disclaimer: This correspondence is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please schedule a formal consultation.