Undue haste in rendering judgment - A. C. No. 5355

A. C. No. 5355

"x x x.

Gross Misconduct

In Sps. Donato v. Atty. Asuncion, Jr.[27] citing Yap v. Judge Aquilino A. Inopiquez, Jr.,[28] this Court explained the concept of gross misconduct as any inexcusable, shameful or flagrant unlawful conduct on the part of a person concerned with the administration of justice; i.e., conduct prejudicial to the rights of the parties or to the right determination of the cause. The motive behind this conduct is generally a premeditated, obstinate or intentional purpose.

In the case at bar, respondent acted upon the Petition for Declaratory Relief filed by the Sangguniang Bayan of San Luis, Pampanga, without the mandatory notice to Gozun who would be affected by the action. The records show that respondent, upon receipt of the Petition, had it docketed in his court, designated Gozun as respondent in the case title, and quickly disposed of the matter by issuing a Resolution – all on the same day that the Petition was filed without notice and hearing. Respondent admitted that, to his mind, he was merely rendering a legal opinion at the local government’s behest, which he gladly and expeditiously obliged. Without denying this fact in his Comment, he admitted that he had erred in acting upon the Petition, but emphasized that his actions were not attended by malice or bad faith.[29]

We find his statements hard to believe.

The undue haste with which respondent acted on the Petition negates good faith on his part. Moreover, the testimonial evidence on record indicates that he maintained close relations with the municipal vice-mayor of San Luis, Pampanga, a party-litigant who had an obvious interest in the outcome of the case. x x x."