FELIXBERTO M. LONGBOAN, COMPLAINANT, VS. HON. EMILIO L. POLIG, RESPONDENT.

A letter-complaint was addressed to the Court Administrator on July 18, 1986 charging the respondent
judge with gross negligence of duty or abuse of authority for his failure to
apprise complainant of the status of Civil Case No. 641 despite the former’s
registered letters requesting the status.

Civil Case No. 641 involved a dispute for collection of a sum of
money between the complainant as plaintiff and one Arsenio Cunaden as
defendant.  The complainant obtained a
favorable judgment from Municipal
Circuit Judge Flora M. Tel-equen of the 2nd Municipal Circuit Court of Bauko –
Sibangan, Mountain Province
on October 26, 1981.  It was on appeal when the matter subject of
the letter-complaint came about.

It appears that on February
20, 1984, the complainant was informed by Regional Trial Court
Judge Nicasio A. Baguilat that respondent judge, his predecessor, was in
possession of the records of Civil Case No. 641 considering that the appeal
thereto had been perfected prior to respondent judge’s transfer to the Regional
Trial Court, Branch 14 at Lagawe, Ifugao. 
On August 8, 1984,
Judge Baguilat’s Clerk of Court certified, among others, that Civil Case No.
641 was among the cases retained by respondent
judge and that as of the said date no decision therein had been received from
the said judge.

Meanwhile, the complainant had sent five registered letters
inquiring about the status of Civil Case No. 641.  Due to respondent Judge’s failure to make any
reply as requested, the Office of the Court Administrator sent respondent judge
three tracers dated August 12, 1985,
April 15, 1986 and June 23, 1986, respectively in
relation to the records of Civil Case No. 641. 
Still, the respondent judge made no reply.

In our resolution dated September 9, 1986, we ordered the
respondent judge to:  (a) show cause why
no disciplinary or administrative action should be taken against him, and (b)
comply with the inquiry within ten (10) days from notice thereof with a warning
that failure still to do so would be dealt with accordingly.

In our resolution dated July
31, 1987, we suspended the respondent judge “immediately and
continuing until further orders” for his willful disobedience and disregard of
our previous resolution.  The respondent
judge was further ordered to show cause and comply with complainant’s inquiry
with a warning that failure to do so would be dealt with more severely.

On May 30, 1989, we resolved to dispatch an audit team headed by Deputy Court Administrator
Juanito A. Bernad to conduct a physical inventory of the cases pending in the
respondent judge’s sala on the basis of the communication from Judge Baguilat
informing the Office of the Court Administrator that Civil Case No. 641 had
already been decided by him and that he could not decide the other cases pending before the respondent judge’s
former sala because the records thereof could not be located and the respondent
judge could not be contacted.

On June 1, 1989, a manifestation from the respondent judge with
prayer for the lifting of his suspension and reinstatement to his office was
received by us stating that the respondent judge was unable to submit his
comment within the time alloted because the record of Civil Case No. 641 was
somehow mislaid on account of his transfer to Lagawe, Ifugao; that while in the
process of locating the said record, we suspended respondent judge; that
eventually the said record was found inadvertently mixed up with the disposed
and archived cases and upon discovery, respondent judge immediately transmitted
the same to Judge Baguilat’s sala for disposition since he was under
suspension; that Civil Case No. 641 had already been decided by the Regional
Trial Court of Bontoc, Mountain Province; that respondent judge failed to ask
for extension of time to make and submit his comment to our show-cause
resolution due to “awful shock and anxiety at the thought that the record of
the said case may have been lost beyond recovery”; that it took respondent
judge a long time to plead for the lifting of his suspension due to
“self-reproach and disgust of himself for his omission”; and that upon
realizing that he still has to support two boys in high school and two boys in
college and considering the present high cost of living, respondent judge
deemed his two-year suspension as enough punishment for his omission, thus,
resumption of his judicial functions should be ordered.

On June 27, 1989,
Deputy Court Administrator Juanito A. Bernad conducted the physical inventory
of the cases pending before respondent judge’s sala.  In a memorandum dated July 4, 1989, Deputy Court Administrator Bernad
reported that all the cases inventoried were accounted for except four (4)
criminal cases where the accused are not under detention and four (4) civil cases which remained missing
as of June 29, 1989.

On July 6, 1989,
we resolved to refer the instant case for investigation and recommendation to
Associate Justice Jesus Elbinias of the Court of Appeals.

After hearing, the investigating officer recommended the lifting
of respondent judge’s suspension and the resumption of his official
duties.  A fine equivalent to two month’s
pay to be paid through equitable salary deductions was further recommended.  As
to the missing cases, the investigating officer stated that:

“With regard to the missing four (4) criminal cases without
prisoners and four (4) civil cases referred to by Deputy Court Administrator
Bernad in his memorandum for the Chief Justice, it is my view that this is a
matter entirely outside the scope of the administrative complaint under
inquiry.  While the instant case is
privately initiated in the sense that a member of the public instituted it, in
the matter of the missing cases without the parties involved in them having as
yet initiated any action, I believe the decision of whether or not to require
respondent Judge to account for them lies with the Honorable Supreme Court or Office
of the Court Administrator.”

After a careful perusal of the records of the instant
administrative case coupled with painstaking deliberations, we are convinced
that the respondent judge’s continued silence as to the status of Civil Case
No. 641 despite repeated written queries from one of the parties, his failure
to reply to the tracers of the Office of the Court Administrator, and his
willful disobedience and disregard to our show-cause resolutions constituted
grave and serious misconduct affecting his fitness and the worthiness of the
honor and integrity attached to his office. 
Once again, we hold with great emphasis that:

“xxx The judge is
the visible representation of the law and of justice.  From him, the people draw their will and
awareness to obey the law xxx” (see Cali A. Impao., et al. v. Judge Jacosalem
D. Makilala, A.M. No. MTJ 88-184, October 13, 1989; Atty. David G. Ompoc, Jr. v. Judge Norito E. Torres, A.M. No.
MTJ 86-11, September 27, 1989)

How can the respondent judge expect others to respect the law
when he himself cannot obey orders as simple as the show-cause resolution?

Moreover, it is not enough that the complaining litigant was
eventually appeased by the turn of circumstances.  What is more important is whether or not in
the course of the judicial process, judicial norms have been maintained.  It is with this end in view that we stress
diligence and efficiency attendant to the discharge of a judge’s function in
the present Code of Judicial Conduct. 
Canon 3, Rule 3.08, of the said Code provides that:

“A judge should diligently discharge administrative
responsibilities, maintain professional competence in court management and
facilitate the performance of the administrative functions of other judges and
court personnel.”

In the instant case, respondent judge even impeded the speedy
disposition of cases by his successor on account of missing records of
cases.  This fact reflects an inefficient
and disorderly system in the recording of cases assigned to his sala.  Although blame can also be conveniently laid
on the court personnel’s mismanagement of the records of cases, proper and
efficient court management is as much the judge’s responsibility for the Court
personnel are not the guardians of a Judge’s responsibilities.  (See Sec. of Justice v. Legaspi, 107 SCRA 233
[1981])

With respect to the inventoried four (4) criminal cases without
prisoners and four (4) civil cases missing, we find no justification for the
failure to present them to the Deputy Court Administrator when required and their
absence from the place where court records are stored.  A judge is expected to ensure that the
records of cases assigned to his sala are intact.  There is no justification for missing records
save fortuitous events.  The loss of not
one but eight records is indicative of gross misconduct and inexcusable
negligence unbecoming of a judge.  For
true professionalism in the bench to exist, judges whose acts demoralize the
ethical standards of a judicial office and whose acts demonstrate unfitness and
unworthiness of the prestige and prerequisites attached to said office must be
weeded out.

Lastly, the report on the physical inventory of the records of
the cases in RTC, Branch 14, Lagawe, Ifugao, which was respondent judge’s last
assignment before his suspension revealed that a total of 35 cases submitted
for decision have remained unresolved beyond the 90-day reglementary period.  We have consistently held that failure to
decide a case within the required period is not excusable and constitutes gross
inefficiency.  (Ubarra
v. Tecson, 134 SCRA 4 [1985]; De
Leon v. Castro, 104 SCRA 241 [1981];
and In re:  Judge Jose F. Madara, 104
SCRA 245 [1981]).

In sum, the Court finds respondent judge guilty of inexcusable
negligence, gross inefficiency and grave and serious misconduct in the
discharge of his functions.

ACCORDINGLY, the COURT RESOLVED to DISMISS RESPONDENT
JUDGE from the service with forfeiture of all his accrued retirement benefits,
leave and other privileges, if any, and with prejudice to re-employment in any
branch, agency or instrumentality of the government, including government-owned
or controlled corporations.

SO ORDERED.

Fernan, C.J., Narvasa, Melencio-Herrera, Gutierrez, Jr., Cruz,
Paras, Feliciano, Gancayco, Padilla, Bidin, Sarmiento, Cortes, Medialdea, and Regalado, JJ., concur.

Griño-Aquino, J., on leave.