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May a judge be held liable for failure to decide a case within the reglementary period?


The failure of a judge to decide a case within the reglementary period constitutes gross dereliction of duty. The gravity of this offense depends on several factors, including the number of cases not decided on time, the damage suffered by the parties as a result of the delay, and the presence of other aggravating or mitigating circumstances. In the present administrative matter, only one case was not decided within the reglementary period. Furthermore, respondent judge herself admits her fault, and complainant alleged no undue damage caused by the delay. Under the circumstances, we agree with the OCA that respondent should be fined in the amount of P3,000. (Bernardo v. Judge Fabros, A.M. No. MTJ- 99-1189, May 12, 1999)

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