"x x x.
The audit team found that as of audit date, Judge Go failed to immediately arraign the accused in 632 criminal cases, to archive 140 criminal cases, to act on summons (should be subpoenas) issued in 477 criminal cases, to act on 13 cases which had not been acted upon for a considerable length of time, to resolve the pending incidents or motions in 15 criminal cases, to act on 17 civil cases from the time of their filing, to take further action on 32 civil cases, and to resolve motions or incidents in 88 civil cases. The audit team also noted the reports of some court officials and employees that Judge Go would always leave the court in the morning after finishing all hearings scheduled for the day and would return only on the following day. When the audit team confronted the judge, he replied that he leaves early to rest as he suffered a stroke before, and that being a judge, he is not required to render eight hours of service a day. The OCA recommended that the judicial audit report be treated as an administrative complaint against Judge Go.[1]
On October 4, 2006, the Integrated Bar of the Philippines, Butuan City and Agusan del Norte Chapter, likewise issued Resolution No. 2, Series of 2006,[2] expressing disappointment over Judge Go’s inefficiency and incompetence, which has caused undue delay in the disposition of cases pending before his court. The Resolution was submitted to the OCA and was docketed as A.M. No. 07-9-221-MTCC.
In a Memorandum[3] dated December 29, 2006, the OCA required Judge Go to take appropriate action on 1262 criminal cases and 32 civil cases that have not been acted upon for a considerable length of time, to take appropriate action on 17 civil cases which have not been acted upon since their filing, to resolve the pending incidents or motions in 15 criminal cases and 88 civil cases that have remained unresolved beyond the reglementary period, and to decide with dispatch 21 civil cases that have remained undecided beyond the reglementary period. The OCA likewise directed Judge Go to resolve the pending motions or incidents in 30 cases and to decide 17 cases submitted for decision, all within the reglementary period, and to furnish the OCA with copies of his orders, resolutions and decisions on the said cases. Judge Go was additionally ordered (1) to render eight hours of service every working day pursuant to various circulars[4] of the Court; (2) to conduct the raffle of cases every Monday and/or Thursday pursuant to A.M. No. 03-8-02-SC and to submit compliance within 15 days from notice. Lastly, the OCA directed him to immediately issue orders on newly filed cases indicating whether the cases are being tried under the regular procedure or under the summary procedure as mandated by Section 2 of the Rules on Summary Procedure.
x x x.
In Guerrero v. Judge Deray,[22] the Court held that a judge “who deliberately and continuously fails and refuses to comply with the resolution of [the Supreme] Court is guilty of gross misconduct and insubordination.” This ruling was reiterated in Dela Cruz v. Vallarta[23] and Visbal v. Tormis.[24] Also in Guerrero, this Court held that “indifference or defiance to the Court’s orders or resolutions may be punished with dismissal, suspension or fine as warranted by the circumstances.”[25]
In the present case, we find that Judge Go failed to heed the above pronouncements. He did not file the required comment to our show cause resolutions despite several opportunities granted him by this Court. His willful disobedience and disregard to our show-cause resolutions constitutes grave and serious misconduct affecting his fitness and worthiness of the honor and integrity attached to his office.[26] It is noteworthy that Judge Go was afforded several opportunities to explain his failure to decide the subject cases long pending before his court and to comply with the directives of this Court, but he has failed, and continuously refuses to heed the same. This continued refusal to abide by lawful directives issued by this Court is glaring proof that he has become disinterested to remain with the judicial system to which he purports to belong.[27]
In view of the foregoing, we find that the dismissal of the respondent judge from service is indeed warranted. This Court has long maintained the policy of upholding competence and integrity in the administration of justice. Incompetence and inefficiency have no place in the judiciary. Respondent’s indifference to the charges against him only proves his lack of commitment to the duties of his office, making him unfit to continue in public service.
WHEREFORE, respondent Judge James V. Go, presiding judge of the Municipal Trial Court in Cities, Branch 2, Butuan City is DISMISSED from the service, with forfeiture of all retirement benefits, except accrued leave credits, and with prejudice to reemployment in any branch, agency or instrumentality of the government including government-owned or controlled corporations.
This Decision is immediately EXECUTORY.
SO ORDERED.
x x x."