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Geronga, the said Administrative Complaint was referred to Judge Dating for his comment. On the contrary, Section 2 thereof explicitly mandates that "[r]affling of cases shall be regularly conducted at two o'clock in the afternoon every Monday and/or Thursday as warranted by the number of cases to be raffled." Clearly, as can be easily inferred from the use of the words "shall" and "regularly," the raffle of cases should be mandatorily done on a regular basis and, much more, not only once but even twice a week depending on the number of cases to be raffled. Vilches, and OCA Chief of Legal Office, Wilhelmina D. 03-8-02-SC,35 specifically the provisions on the conduct of raffle of cases, would reveal that it was never intended as an indispensable requirement that a substantial number of cases must have been filed in court before raffle of cases could be conducted.
For failure to observe the procedure on the raffle of cases pursuant to A.
filed the following: (a) Motion for Inhibition/Disqualification dated January 14, 2011; (b) Joint Omnibus Motion dated January 17, 2011; and (c) Second Amended Joint Omnibus Motion dated January 20, 2011.7 In an Order8 dated January 25, 2011, Judge Dating denied the Motion for Inhibition/Disqualification due to absence of valid or just cause.9 Moreover, in an Order10 dated January 26, 2011, Judge Dating cited Atty. Venida, and two (2) other lawyers for direct contempt of court, and imposed a fine of Two Thousand Pesos (₱2,000.00) upon each of them, and then voluntarily inhibited himself from hearing the subject case.11 The subject case was re-raffled to the sala of Judge Winston S.
While it is commendable for respondent Judge Dating to still perform his duties as a Presiding Judge by holding trial in the morning, his exemplary action was virtually negated by the fact that he failed to perform his duties as an Executive Judge.
The Court has consistently held that mere delay in the performance of one's functions is considered as simple neglect of duty. CARPIOAssociate Justice Chairperson * On official leave.
Under Rule IV, Section 52 (B) of the Uniform Rules on Administrative Cases in the Civil Service, it is a less grave offense punishable by suspension without pay for one (1) month and one (1) day to six (6) months.
Again, respondent Judge Dating missed a substantial point on the matter. 7788, there were no cases scheduled to be raffled on 17 March 2011, respondent Judge Dating was still obligated to cause the re-raffle of the quo warranto petition for that particular day.