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ERNESTO Z. ORBE v. JUDGE MANOLITO Y. GUMARANG

FACTS:

Complainant Ernesto Z. Orbe filed a small claims case before the Municipal Trial Court (MTC) of Imus, Cavite against L.G.M. Silver Star Credit Corporation. The case was initially heard by Judge Emily A. Geluz, but was later assigned to respondent Judge Manolito Y. Gumarang for the continuation of the trial. Several hearings were set, but were continuously postponed by Judge Gumarang for various reasons. Complainant alleged that Judge Gumarang violated the Rule of Procedure for Small Claims Cases for failing to decide the case within five days from receipt of the order of reassignment.

ISSUES:

  1. Whether or not Judge Gumarang violated the Rule of Procedure for Small Claims Cases by failing to decide the case within the prescribed period.

RULING:

  1. Yes, Judge Gumarang violated the Rule of Procedure for Small Claims Cases. Section 22 of the Rule clearly provides that the new judge assigned to a small claims case should hear and decide the case within five days from the receipt of the order of reassignment. In this case, Judge Gumarang admitted that it took more than two months for him to render a decision on the case, attributing the delay to the fact that he only hears small claims cases on Thursdays. However, the Court held that Judge Gumarang's interpretation of the Rule was misplaced. The purpose of the Rule is to provide quick and efficient resolution of small claims cases, and the period of five days within which to decide the case is clearly stated in the Rule. The Court emphasized that there is no room for interpretation and that judges are duty-bound to adhere to the rules and decide small claims cases without undue delay. Therefore, Judge Gumarang's failure to decide the case within the prescribed period constituted a violation of the Rule. As a result, Judge Gumarang was found guilty of Undue Delay in Rendering a Decision and Violation of the Rule of Procedure for Small Claims Cases. He was ordered to pay a fine of Five Thousand Pesos (P5,000.00) and warned that a repetition of the same or similar act shall be dealt with more severely.