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SC suspends GenSan judge for delaying rape case decision

admin February 6, 2024

THE Supreme Court (SC) has imposed a two-year suspension on General Santos City Presiding Judge Oscar P. Noel, Jr., due to a delay in deciding a case beyond the legally authorized period.

The suspension was a result of Gross Neglect of Duty in his role as Assisting Judge (Justice on Wheels) in Alabel, Sarangani Province.

In 2020, the Office of the Court Administrator (OCA) inquired about an administrative complaint alleging a prolonged delay in a criminal case under Judge Noel’s jurisdiction since 2010.

Judge Noel clarified that another judge initially presided over Criminal Case No. 2642-07, involving rape charges against Jimmy Dela Torre, filed on October 30, 2007.

He assumed responsibility on February 11, 2010, concurrently presiding over three different courts.

The case was heard in Maasim, Sarangani Province, with the Justice on Wheels (JOW) Bus traveling to and from General Santos City once a month.

Judge Noel attributed the infrequent hearings to the high caseload and time constraints, with hearing resets taking two to three months.

Upon the transmission of the case to the Judicial Integrity Board (JIB), it recommended finding Judge Noel guilty of Gross Neglect of Duty, imposing a fine of PHP 250,000.00. The SC adopted the JIB’s findings but modified the penalty to a two-year suspension.

The SC invoked Section 15(1), Article VIII of the Constitution, mandating lower courts to decide cases within three months.

Additionally, Rule 3.05, Canon 3 of the Code of Judicial Conduct on prompt case disposal, reiterated in Section 5, Canon 6 of the New Code of Judicial Conduct.

Efficiency and dedication in case disposition were stressed by the SC, highlighting the inevitability of delays to the prejudice of litigants without such qualities.

Judges, therefore, must possess a high sense of duty and responsibility in administering justice promptly.

Under Rule 140 of the Rules of Court, as amended by A.M. No. 21-08-09-SC, the SC categorized the offense as Gross Neglect of Duty in the Performance or Non-Performance of Official Functions under Section 14(d).

Judge Noel was found guilty for failing to resolve Criminal Case No. 2642-07 within the stipulated period, allowing the case to lag for over 10 years.

Tags: sc

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