RE: JUDICIAL AUDIT CONDUCTED IN THE REGIONAL TRIAL COURT, BRANCH 20, CAGAYAN

DE ORO CITY, MISAMIS ORIENTAL. A.M. No. 14-11-350-RTC. December 5, 2017. EN BANC.
DEL CASTILLO, J.

Parties:
Judge Bonifacio M. Macabaya – the then presiding judge of RTC Branch 20, CAGAYAN DE
ORO CITY, MISAMIS ORIENTAL

Failure to resolve cases submitted for decision within the period fixed by law constitutes a
serious violation of the constitutional right of the parties to a speedy disposition of their
cases.

An administrative matter arose from the judicial audit of Branch presided by Judge Macabaya. The team
found that out of the 573 cases examined by it, 257 cases were either left pending or dormant despite
the lapse of the 90-day period as mandated by the Constitution.

As a result of repeatedly failing to fully comply with the directives of the Office of the Court Administrator
(OCA) for more than 1 year, Judge Macabaya was relieved from judicial duty. He filed a Motion for
Reconsideration claiming that the penalties imposed upon him were unjust because they were solely
based on the Memorandum and that he was not given his day in court, as he "was not apprised of any
administrative complaint about him." Whether Judge Macabaya is guilty of gross misconduct and of gross
ignorance of the law, warranting his dismissal from the service?

Yes. Due process requires nothing else but the opportunity to be heard — by no means does it require a
formal, trial-type hearing. Here, Judge Macabaya was given ample opportunities to be heard. He was
asked to submit a written explanation to answer the directives issued in the Memorandum and to
comment on the observations raised in the judicial audit.

Macabaya utterly failed to decide the cases submitted for decision or resolve pending incidents within the
reglementary period. Section 15 (1), Article VIII of the Constitution mandates that cases or matters filed
with the lower courts must be decided or resolved within three months from the date they are submitted
for decision or resolution. Moreover, the Code of Judicial Conduct directs judges to 'dispose of the court's
business promptly and decide cases within the required periods.' Judges must closely adhere to the Code
of Judicial Conduct in order to preserve the integrity, competence, and independence of the judiciary and
make the administration of justice more efficient.