What respondent did in this case was to render what is known as a “sin perjuicio” judgment, which is a judgment without a statement of the facts in support of its conclusion to be later supplemented by the final judgment.[1] That is why, in answer to complainant’s charge that the dispositive portion of the judgment read to him did not impose a fine, respondent contends that the addition of the fine of P5,000.00 was within her power to do even if no such fine had been included in the oral sentence given on April 22, 1993. As respondent judge states, because the decision was not complete it could be modified and cites in support of her contention the case of Abay, Sr. v. Garcia.[2]Respondent only succeeds in showing that the judgment promulgated on April 22, 1993 was a “sin perjuicio” judgment which was incomplete and needed a statement of the facts and law upon which the judgment was based. As early as 1923, this Court already expressed its disapproval of the practice of rendering “sin perjuicio” judgments, what with all the uncertainties entailed because of the implied reservation that it is subject to modification when the decision is finally rendered.[3] This Court has expressed approval of the practice of some judges of withholding the dispositive portion from their opinions until the very last moment of promulgation of their judgment in order to prevent leakage,[4] but that refers to the preparation of their decision, not its promulgation. What must be promulgated must be the complete decision. There would be no more reason to keep the dispositive portion a secret at the stage of promulgation of judgment.
Nonetheless, certain factors mitigate respondent judge’s culpability. Except for this incident, respondent’s record of public service as legal officer and agent of the National Bureau of Investigation, as State Prosecutor, and later Senior State Prosecutor, of the Department of Justice for 17 years and as Regional Trial Judge for more than 13 years now is unmarred by malfeasance, misfeasance or wrongdoing. This is the first time she is required to answer an administrative complaint against her. Her failure to decide the case of complainant was brought about by factors not within her control, to wit, lack of stenographers and unusually big number of cases; and her personal loss as a result of the death of her niece and both her parents, financial reverses of the family, and poor health as a result of diabetes and hypertension.
In Mangulabnan v. Tecson,[7] a joint decision in two criminal cases was rendered by respondent judge on February 24, 1978, six months and eight days from submission of the case, and a copy was delivered to complainant on September 28, 1979, over 19 months after rendition of the decision. Two complaints were filed for violation of the constitutional provision requiring submitted cases to be decided by lower courts within three months and for violation of complainant’s right to a speedy trial. Respondent judge blamed the delay in deciding the cases on the fact that his clerks had misfiled the records. As to the delay in furnishing complainant with a copy of the decision, the judge attributed this to the mistake of his clerk who did not think complainant was entitled to receive the same. The judge was reprimanded. The reason for the delay in that case was even less excusable than the difficulties experienced by respondent Judge Lopez, i.e., deaths in respondent’s family, her own poor state of health, financial reverses suffered by her family, and the volume of work done within the period in question, which somewhat mitigate her liability. The Court believes that a similar penalty would be appropriate.
In view of the foregoing, respondent is hereby REPRIMANDED with WARNING that repetition of the same acts complained of will be dealt with more severely.
Nonetheless, certain factors mitigate respondent judge’s culpability. Except for this incident, respondent’s record of public service as legal officer and agent of the National Bureau of Investigation, as State Prosecutor, and later Senior State Prosecutor, of the Department of Justice for 17 years and as Regional Trial Judge for more than 13 years now is unmarred by malfeasance, misfeasance or wrongdoing. This is the first time she is required to answer an administrative complaint against her. Her failure to decide the case of complainant was brought about by factors not within her control, to wit, lack of stenographers and unusually big number of cases; and her personal loss as a result of the death of her niece and both her parents, financial reverses of the family, and poor health as a result of diabetes and hypertension.
In Mangulabnan v. Tecson,[7] a joint decision in two criminal cases was rendered by respondent judge on February 24, 1978, six months and eight days from submission of the case, and a copy was delivered to complainant on September 28, 1979, over 19 months after rendition of the decision. Two complaints were filed for violation of the constitutional provision requiring submitted cases to be decided by lower courts within three months and for violation of complainant’s right to a speedy trial. Respondent judge blamed the delay in deciding the cases on the fact that his clerks had misfiled the records. As to the delay in furnishing complainant with a copy of the decision, the judge attributed this to the mistake of his clerk who did not think complainant was entitled to receive the same. The judge was reprimanded. The reason for the delay in that case was even less excusable than the difficulties experienced by respondent Judge Lopez, i.e., deaths in respondent’s family, her own poor state of health, financial reverses suffered by her family, and the volume of work done within the period in question, which somewhat mitigate her liability. The Court believes that a similar penalty would be appropriate.
In view of the foregoing, respondent is hereby REPRIMANDED with WARNING that repetition of the same acts complained of will be dealt with more severely.
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