SC penalizes judge for delay in submitting case to fiscal

The Supreme Court slapped a P5000 fine on Judge Jocelyn Regencia of the Municipal Circuit Trial Court in Balamban and Asturias towns for delayed submission of her resolution of a case to the Cebu provincial prosecutor's office.

Before the Rules of Courts was amended on October last year, municipal trial court judges were still allowed to conduct preliminary investigation of cases that are cognizable only by the Regional Trial Courts.

Within ten days after the preliminary investigation, the investigating judge shall transmit the resolution of the case to the provincial or city prosecutor, or to the Ombudsman or his deputy in cases of offenses cognizable by the Sandiganbayan in the exercise of its original jurisdiction, for appropriate action.

Within 30 days from receipt of the records, the provincial or city prosecutor, or the Ombudsman or his deputy, as the case may be, shall review the resolution of the investigating judge on the existence of probable cause.

The report, published in the official website of the Supreme Court, showed that Judge Regencia conducted preliminary investigation of a case for illegal detention filed by one Marites Tam.

It took six months for Judge Regencia to submit the resolution of the illegal detention charges to the Cebu provincial prosecutor's office after he downgraded the charge to serious physical injuries.

Regencia explained that he failed to submit on time the resolution of the case due to the delay in the completion of the transcript of stenographic notes, but the Supreme Court was not convinced.

The SC explained however that it could not rule whether the judge committed a mistake in downgrading the charge because the complainant had filed an administrative case only and not an appeal of the resolution. - Rene U. Borromeo