[A.M. No.
99-11-425-RTC. February 8, 2000]
RE:
REQUEST OF JUDGE WENCESLAO E. IBABAO
EN BANC
Gentlemen:
Quoted
hereunder, for your information, is a resolution of this Court dated FEB 8 2000.
A.M. No. 99-11-425-RTC (Re: Request of Judge Wenceslao E. Ibabao, Regional Trial
Court, Branch 33, Davao City, for Extension of Time to Decide Criminal Case No.
43,532.99.)
In the resolution of December 7, 1999, the Court noted
the letter, dated October 11, 1999, of Judge Wenceslao E. Ibabao, Regional
Trial Court, Branch 33, Davao City, requesting an extension of 45 days from
October 23, 1999 (the ninetieth day from July 23, 1999, when accused was
arraigned), within which to decide Criminal Case No. 43,532-99 entitled People
of the Philippines v. Noel Into, which is a case for rape. In another
letter, dated December 1, 1999, Judge Ibabao asked for a second extension of 60
days within which to decide the said case.
The 90-day period for resolving a case of the Regional
Trial Court under §5 of the Judiciary Act of 1948 and Art. VIII, §15(1) of the
Constitution is counted from the date a case was submitted for decision, not
from the date of arraignment of the accused. It was, therefore, error for Judge
Ibabao to ask for an extension of time for deciding Criminal Case No.
43,532-99. In fact, on December 15, 1999, he informed the Office of the Court
Administrator that trial in the criminal case was still being held. It is a
different matter if Judge Ibabao is actually referring to the 180-day limit for
trying the case prescribed by §6 of R.A. No. 8493, otherwise known as the
Speedy Trial Act of 1998.
In view of the foregoing, the Court RESOLVED to NOTE
the letter, dated December 1, 1999, of Judge Wenceslao E. Ibabao and to REQUIRE
him to inform the Court within ten (10) days from notice what he is really
seeking to extend.
Very truly
yours,
Clerk
of Court
(Sgd.) MA. LUISA D. VILLARAMA
Asst.
Clerk of Court