THIRD DIVISION
[A.M. No. MTJ-12-1816. September 18, 2013.]
[Formerly A.M. No. 12-7-50-MTC (Cases submitted for decision before Hon. Eduardo B. Badecao, Former Judge, MTC, Agoo, La Union)]
OFFICE OF THE COURT ADMINISTRATOR, petitioner, vs. HON. EDUARDO B. BADECAO, FORMER JUDGE, MUNICIPAL TRIAL COURT [MTC], AGOO, LA UNION, respondent.
NOTICE
Sirs/Mesdames, J p:
Please take notice that the Court, Third Division, issued a Resolution dated September 18, 2013, which reads as follows:
"A.M. No. MTJ-12-1816 (Office of the Court Administrator v. Hon. Eduardo B. Badecao, Former Judge, Municipal Trial Court [MTC], Agoo, La Union) [Formerly A.M. No. 12-7-50-MTC (Cases submitted for decision before Hon. Eduardo B. Badecao, Former Judge, MTC, Agoo, La Union)]. — Following the death on July 23, 2011 of Judge Eduardo B. Badecao, former Judge of the Municipal Trial Court (MTC) in Agoo, La Union, his beneficiaries requested the issuance of a certificate of clearance to the late judge to pave the way for the payment of his retirement and gratuity benefits under Republic Act 910, 1 as amended. DEcTCa
In its Memorandum Report of July 2, 2012, the Office of the Court Administrator calls attention to the Certification dated October 24, 2011 of the Office of the Clerk of Court of the MTC of Agoo which shows that Judge Badecao left 19 cases submitted for decision past the reglementary period at the time of his death. 2 For this reason, the OCA recommended the re-docketing of the matter as a regular administrative case and the imposition on him of a fine of P38,000.00 for gross inefficiency, to be deducted from his retirement benefits. On August 15, 2012 the Court caused the re-docketing of the matter.
Judge Badecao had 90 days from the date the cases were submitted for decision within which to decide them. It is clear from the record that he had failed to do so before death overtook his term as judge. He also had not filed a request for extension of the period given him within which to render those decisions. The evidence against him is indubitable but, since he died before he could be heard, there may be attenuating circumstances that the Court would never be able to hear because death has permanently sealed his lips. In fact, Judge Badecao had long been suffering from colon cancer, which might have been the cause of his failure to decide the submitted cases within the time prescribed by law. The Court has to take into consideration these circumstances in fixing the penalty against him. HCITcA
WHEREFORE, the Court finds Judge Badecao guilty of failing to decide submitted cases on time and IMPOSES on him a FINE of P10,000.00 which shall be deducted from his retirement benefits. (Peralta, J., on official leave; Del Castillo, J., Acting Member, per Special Order 1541 [Revised] dated September 9, 2013.)
SO ORDERED."
Very truly yours,
(SGD.) LUCITA ABJELINA SORIANODivision Clerk of Court
Footnotes
1.An Act to Provide for the Retirement of Justices of the Supreme Court and of the Court of Appeals, for the Enforcement of the Provisions Hereof by the Government Service Insurance System, and to Repeal Commonwealth Act Numbered Five Hundred and Thirty-Six.
2.Rollo, p. 1.