CA justice sacked for case delays

The Supreme Court on Monday dismissed from service Court of Appeals associate justice Elvi John Asuncion for gross ignorance of the law and his failure to meet deadlines in resolving numerous cases lodged at his office. Asuncion is the chairman of the court’s 10th division. In a 24-page decision, the Supreme Court en banc unanimously adopted the recommendations of its retired justice Bernardo Pardo who was made to conduct an investigation into the administrative complaints against Asuncion. The High Court also ordered the forfeiture of Asuncion’s retirement benefits. But he was not deprived of his leave credits. Investigation showed that as of September 30, 2006, Asuncion had not resolved 71 motions for reconsideration within the prescribed 90-day period. The High Court noted that Asuncion had resolved 179 motions for reconsideration beyond the prescribed period. As of the same date, 82 cases submitted for decision were still undecided, even after the lapse of the 12-month period prescribed by the Constitution. Asuncion had also decided 409 cases beyond the one-year period. The SC also noted that out of the 71 pending motions for reconsideration, 46 were filed in 2004 or earlier, with one dating all the way back to 2000. The High Court ruled that the failure of a judge to decide a case within the required period constitutes gross inefficiency. If the case remains undecided for years, this would mean serious misconduct that would justify dismissal from the service. "In the case of respondent Justice Asuncion, the prolonged delay in deciding or resolving such a staggering number of cases/matters assigned to him borders on serious misconduct which could subject the respondent to the maximum administrative sanction," justices said. Then President Joseph Estrada appointed Asuncion to the CA on May 24, 1999. Asuncion's father Elias, was also justice at the CA who was among those who survived the historic Bataan death march. In July 2004, Asuncion was assigned as chairman of the CA 18th Division in Cebu City. In November of the same year, he was reassigned to Manila as chairman of the CA 17th Division. Asuncion is the second justice from the appellate court to be dismissed from service. In 2001, the Supreme Court dismissed CA Justice Demetrio G. Demetria for interceding in the drug case of Yu Yuk Lai at the Department of Justice, which is a violation of Rule 2.04 of the Code of Judicial Conduct for Judges. -GMANews.TV