RE: REQUEST OF JUDGE NINO A. BATINGANA, REGIONAL TRIAL COURT, BRANCH 6, MATI,
DAVAO ORIENTAL, FOR EXTENSION OF TIME TO DECIDE THE CIVIL ASPECT OF CRIMINAL
CASE NUMBERS 4514, 4648, AND 4649
A.M. NO. 07-4-188-RTC JANUARY 27, 2021
INTING, J.:
FACTS:
Judge Nino A. Batingana of Branch 6, Regional Trial Court, Mati, Davao Oriental filed an
extension of ninety (90) days from December 9, 2006 to resolve the civil aspect in Criminal
Cases Nos. 4514, 4648, and 4649.
In a letter, Batingana stated that he needs additional time to decide on the civil aspect of
the Criminal Cases mentioned above since there are other civil and criminal cases under
his custody which need to be acted upon immediately.
Another letter request containing the same reason was sent by Judge Batingana on
March 8, 2007 which was granted by the Court and declared that it will be the last and
final request for extension. The Court also directed Judge Batingana to furnish it with a
copy of his decisions as to the civil aspect of the criminal cases within ten days from
rendition.
From the record, Judge Batingana subsequently requested more extensions of time to
decide the criminal cases which was the Court denied in a Resolution. He was likewise
directed to submit a copy of each of his decision in the criminal cases and explain why he
should not be administratively charged for gross insubordination for failing to comply with
the Resolutions addressed to him.
Even though his third and fourth requests for extensions were denied, Judge Batingana,
who never comply with the Resolution issued by the Court, again wrote few more request
letters containing the same reason which was instantly denied.
The Court issued a Resolution on January 22, 2014 referring the matter to the Office of
the Court Administrator (OCA) for evaluation, report and recommendation since Judge
Batingana failed to comply with the directives by the Court.
Judge Batingana however, submitted all the decisions in Criminal Cases Nos. 4514,
4648, and 4649. He also submitted a copy of the “Consolidated decision on the Civil
Liability of the Accused” dated August 4, 2009.
Judge Batingana passed away on Ocober 3, 2018.
ISSUE:
Whether or not Judge Batingana should be held administratively liable for Gross
Insubordination and Undue Delay in Rendering a Decision, or in Transmitting the Records
of a Case.
RULING:
Judge Batingana’s persistent refusal to obey the Court’s Resolutions and numerous
directives constitutes insubordination and gross misconduct.
What compounds Judge Batingana’s infractions is the fact that copies of his decisions in
the cases were submitted to OCA only in the year 2014. The Court finds Judge Batingana
liable for undue delay in rendering a decision or order, or in transmitting the records of a
case.
Under Section 8 of Rule 140 of the Rules of Court, as amended, gross misconduct is
classified as a serious charge. Undue delay in rendering a decision or order, or in
transmitting the records of a case is a less serious charge under Section 9 of the same
Rule.
The death of a respondent in an administrative case before its final resolution is a cause
for its dismissal.