Erring judge slapped with suspension

The erring judge said it was another judge who was presiding when the case, Criminal Case 2642-07 charging accused Jimmy dela Torre with rape, was filed on 30 October 2007

The Supreme Court has suspended a lower court judge after he was found to have cause the undue delay of rendering decision in criminal case.

In its decision, the SC has ordered the suspension of Judge Oscar P. Noel Jr., Presiding Judge, Branch 35, Regional Trial Court in General Santos City, South Cotabato for gross neglect of duty in his capacity as Assisting Judge Alabel, Sarangani Province.

“No judge can choose to prolong, on his own, the period for deciding cases beyond the period authorized by law,” said the SC in its Per Curiam Decision.

To recall, Noel in 2020 was asked by the Office of the Court Administrator to comment on an administrative complaint alleging delay in a criminal case pending in the judge’s sala since 2010.

The erring judge said it was another judge who was presiding when the case, Criminal Case 2642-07 charging accused Jimmy Dela Torre with rape, was filed on 30 October 2007.

Noel, for his part, took over the case only on 11 February 2010 and also justified, in his comment, that he was presiding three different courts — Branch 35, RTC General Santos City; Justice on Wheels Polomolok, South Cotabato, and JOW Sarangani Province. Criminal Case 2642-07 was being heard in Maasim, Sarangani Province, where the JOW Bus traveled to and from General Santos City only once a month.

He also reasoned that given the volume of cases and time constraints, the case could not be heard frequently. In addition, resetting of hearings also takes two to three months.

The Judicial Integrity Board upon receipt of the case recommended that Noel be found guilty of Gross Neglect of Duty in the Performance or Non-Performance of Official Functions, with a fine of P250,000 as penalty.