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    Digest Oca V Gutierrez

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    Jamiah Hulipas
    Judge Lizabeth Gutierrez-Torres was accused of unjustifiably delaying her decision in a criminal case beyond the 90-day period required. She failed to submit a comment to the Office of the Court Administrator (OCA) investigating the complaint despite multiple extensions. The OCA found this to be gross misconduct and blatant insubordination. The Supreme Court upheld the OCA's recommendation to dismiss Judge Gutierrez-Torres due to her inefficiency in failing to render timely judgments and insubordination in refusing to submit comments to the OCA. Judge Gutierrez-Torres was fined P20,000 and ordered to show cause why she should not be suspended from the Integrated Bar of the

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    Digest Oca V Gutierrez

    Uploaded by

    Jamiah Hulipas
    233 views2 pages
    Judge Lizabeth Gutierrez-Torres was accused of unjustifiably delaying her decision in a criminal case beyond the 90-day period required. She failed to submit a comment to the Office of the Court Administrator (OCA) investigating the complaint despite multiple extensions. The OCA found this to be gross misconduct and blatant insubordination. The Supreme Court upheld the OCA's recommendation to dismiss Judge Gutierrez-Torres due to her inefficiency in failing to render timely judgments and insubordination in refusing to submit comments to the OCA. Judge Gutierrez-Torres was fined P20,000 and ordered to show cause why she should not be suspended from the Integrated Bar of the

    Original Title

    DIGEST-OCA-V-GUTIERREZ

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    Judge Lizabeth Gutierrez-Torres was accused of unjustifiably delaying her decision in a criminal case beyond the 90-day period required. She failed to submit a comment to the Office of the Court Administrator (OCA) investigating the complaint despite multiple extensions. The OCA found this to be gross misconduct and blatant insubordination. The Supreme Court upheld the OCA's recommendation to dismiss Judge Gutierrez-Torres due to her inefficiency in failing to render timely judgments and insubordination in refusing to submit comments to the OCA. Judge Gutierrez-Torres was fined P20,000 and ordered to show cause why she should not be suspended from the Integrated Bar of the

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    233 views2 pages

    Digest Oca V Gutierrez

    Uploaded by

    Jamiah Hulipas
    Judge Lizabeth Gutierrez-Torres was accused of unjustifiably delaying her decision in a criminal case beyond the 90-day period required. She failed to submit a comment to the Office of the Court Administrator (OCA) investigating the complaint despite multiple extensions. The OCA found this to be gross misconduct and blatant insubordination. The Supreme Court upheld the OCA's recommendation to dismiss Judge Gutierrez-Torres due to her inefficiency in failing to render timely judgments and insubordination in refusing to submit comments to the OCA. Judge Gutierrez-Torres was fined P20,000 and ordered to show cause why she should not be suspended from the Integrated Bar of the

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    OCA VS GUTIERREZ

    FACTS:

    Complainant Atty. Arturo Juanita T. Maturan (Maturan), the counsel for the private
    complainant in Criminal Case No. 67659, filed a sworn complaint against Judge
    Lizabeth Gutierrez-Torres, charging her with unjustifiably delaying the rendition of
    the decision in his client’s criminal case. Atty. Maturan averred that the criminal
    case had remained pending and unresolved despite its having been submitted for
    decision. Atty. Maturan stated that Judge Gutierrez-Torres’ failure to render the
    judgment within the 90-day period from submission of the case for decision violated
    Canon 3, Rule 3.05 of the Code of Judicial Conduct and the Constitution, and
    constituted gross inefficiency.

    The Office of the Court Administrator (OCA) directed Judge Gutierrez-Torres to


    submit her comment, however, despite granted 20-day extension, failed to submit a
    comment, causing the Court to issue a resolution "to REQUIRE the respondent to (a)
    SHOW CAUSE why she should not be administratively dealt with for refusing to
    submit her comment; and (b) SUBMIT the required COMMENT, both within five (5)
    days from receipt hereof, failing which the Court shall take the necessary action
    against her and decide the administrative complaint on the basis of the record on
    hand."

    Notwithstanding the liberality of the Court in granting several extensions, she still
    did not submit a comment. Hence, the OCA in its Memorandum avers that Gutierrez'
    behavior constitutes gross misconduct and blatant insubordination, even outright
    disrespect for the Court. Such violates Canon 3, Rule 3.05 of the Code of Judicial
    Conduct and Section 15, Article VIII of the 1987 Constitution. Considering the
    gravity of the mentioned offenses, the penalty of dismissal from the service is
    imposed.

    The OCA further ruled that the inability of respondent judge to decide the cases in
    question within the reglementary period of ninety (90) days from their date of
    submission, constitutes gross inefficiency.

    ISSUE:

    Whether or not Gutierrez should be dismissed.

    RULING:

    Yes.

    The Court adopted the findings and uphold the recommendations of the OCA.
    Article VIII, Section 15(1) of the 1987 Constitution and pertinent judicial canons
    directly demand efficiency from the judges in obvious recognition of the right of the
    public to the speedy disposition of their cases.

    The time when a case or other matter is deemed submitted for decision or
    resolution by a judge had been settled and well defined by laws and rules laid.
    Hence, all judges should be mindful of the duty to decide promptly, knowing that
    the public’s faith and confidence in the Judiciary are no less at stake if they should
    ignore such duty. 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. Her past acts of failure to render judgment and comment shows
    her inefficiency and insubordination to the Courts.

    WHEREFORE, the Court finds Gutierrez guilty of gross inefficiency, and imposes on
    her a fine of P20,000.00. The Court orders Gutierrez to show cause in writing within
    ten days why she should not be suspended from membership in the IBP for her act
    of insubordination towards the Court.

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