Penalizing undue delay

SKETCHES

- ANA MARIE PAMINTUAN

People frustrated with their cases crawling along in the courts should consider filing a complaint before the Judicial Integrity Board.

Among the biggest problems in this country is the glacial pace of justice. The problem has fueled insurgencies as well as bolstered public support for the likes of Rodrigo Duterte and his extrajudicial short cuts in law enforcement.

Slow justice persists despite the existence of Republic Act 8493, with the self-explanatory title "Speedy Trial Act," passed way back in February 1998. Many Pinoys must be scratching their heads in disbelief that we actually have such a law.

A reasonably speedy trial is also a requirement enshrined in the Constitution itself.

Article VIII of the 1987 Constitution covers the judicial department. Section 15(1) of the article states: "All cases or matters filed after the effectivity of this Constitution must be decided or resolved within twenty-four months from date of submission for the Supreme Court, and, unless reduced by the Supreme Court, twelve months for all lower collegiate courts, and three months for all other lower courts."

Who knew? Of course the Supreme Court does. The SC cited this constitutional provision in upholding a recommendation of the Judicial Integrity Board, which found a regional trial court (RTC) judge guilty of gross neglect of duty for taking seven years to resolve a petition for an injunction.

Judge Miguel Asuncion of the Antipolo City RTC Branch 99 was fined P201,000 for unjustified or "undue delay" in resolving the petition for damages and an injunction filed by stallholders who were forcibly evicted from the New Cubao Central Market in Cainta, Rizal by Princeville Construction and Development Corp.