ALTERNATIVE DISPUTE RESOLUTION | MURPHY CHU VS. HON. MARIO B. CAPELLAN A.M. NO. MTJ-11-1779, JULY 16, 2012

MURPHY CHU VS. HON. MARIO B. CAPELLAN

A.M. NO. MTJ-11-1779, JULY 16, 2012

 

TOPIC/DOCTRINE

Under Section 7 of the 1991 Revised Rules on Summary Procedure, a preliminary conference should be held not later than thirty (30) days after the last answer is filed. The respondent set the case for preliminary conference only on June 24, 2008, i.e., at a time way beyond the required thirty (30)-day period.

 

FACTS

In a verified complaint dated September 14, 2009 filed before the Office of the Court Administrator (OCA), the spouses Murphy and Marinelle P. Chu and ATGAS Traders (complainants) charged Judge Mario B. Capellan (respondent), Assisting Judge of the Metropolitan Trial Court (MeTC), Branch 40, Quezon City, with Gross Ignorance of the Law, Partiality and Grave Abuse of Decision

The complainants allege that the respondent had no basis to declare them in default because no notice of preliminary conference was issued to them. They argue that the issuance of a notice of preliminary conference is mandatory and its non-issuance may be punishable under Section 2, Rule 11 of Supreme Court Administrative Memorandum (A.M.) No. 01-2-04.

ISSUE

RULING

The court held that under Section 7 of the 1991 Revised Rules on Summary Procedure, a preliminary conference should be held not later than thirty (30) days after the last answer is filed.

Here, the respondent set the case for preliminary conference only on June 24, 2008, i.e., at a time way beyond the required thirty (30)-day period. Sections 9 and 11, Rule 140 of the Rules of Court , as amended by A.M. No. 01-8-10-SC, classifies undue delay in rendering a decision or order as a less serious charge. Judges should always be mindful of their duty to render justice within the periods prescribed by law.







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