MANILA, Philippines — The Supreme Court (SC) has slapped a fine of P200,000 on a judge over a seven-year delay in the resolution of a petition for writ of preliminary injunction (WPI) against a construction company that allegedly forcibly evicted stallholders in a market in Cainta, Rizal.
In an 11-page decision, the high court found Judge Miguel Asuncion of the Antipolo City regional trial court (RTC) guilty of gross neglect of duty.
The disciplinary action stemmed from a petition for an injunction and damages, filed in 2016 by Rolly Castillo and several other stallholders at the New Cubao Central Market in Rizal, against Alfred Figueras and Princeville Construction and Dev. Corp., accusing the company of forcibly evicting them to take possession of the market.
Records showed that Asuncion conducted a hearing on the WPI request in April 2016, ordering both parties to submit their memoranda.
However, the request remained unresolved as of 2021, prompting Castillo to file a complaint against Asuncion for gross inefficiency.
In his defense, Asuncion said Castillo’s multiple motions caused the delay and that he had many other important matters to attend to, including the issuance of search warrants, approval of bail applications and his role as executive judge of the Antipolo City RTC from 2020 to 2022 during the COVID-19 pandemic.
Aside from those functions, Asuncion said he was also designated as special commercial court and cybercrime court judge.
But the SC, voting unanimously, affirmed the ruling of the Judicial Integrity Board, which found Asuncion guilty for failing to resolve the petition within the three-month period mandated under Article VIII, Section 15 of the Constitution.
“Judge Asuncion’s seven-year delay is inexcusable considering that the prayer for the issuance of a writ of preliminary injunction, by its nature, implies that it must be addressed urgently,” the SC ruling, penned by Associate Justice Henri Paul Inting, read.
The SC noted that Castillo and the other stallholders did not cause any delay, since they were consistent with their earlier request for a WPI and merely urged Asuncion to make a final ruling on the matter.
The SC also rejected Asuncion’s explanation that he had other pressing matters during the COVID-19 pandemic.