Macalinao, Romielyn P.

Subject: Constitutional Law 1

Topic: The Lower Courts
Title: MARCELINO vs CRUZ
Reference: G.R. No. L-42428

March 18, 1983

FACTS

Bernardino Marcelino was charged for the crime of rape. On

August 4, 1975, the prosecution finished presenting evidence against
Marcelino and rested its case.
On the same date, the attorneys of both parties in the criminal
case

moved

for time within which to submit their respective

memoranda.
The presiding judge, Fernando Cruz, Jr., gave them 30 days or
until September 4, 1975. Only Marcelino submitted a memoranda.
On November 28, 1975, Judge Cruz filed with the Clerk of Court
a copy of his decision, his decision bears the same date of November
28, 1975. The promulgation of the decisions was scheduled in January
1976.
Marcelino is now contending that the court can no longer
promulgate judgment because by January 1976, the 3-month period
(90 day period) within which lower courts must decide on cases had
already lapsed, thus, the lower court lost its jurisdiction over the case.
ISSUES
Whether or not Judge Cruz had resolved the case within the
allotted period?
RULINGS
Yes, he did resolve such case within the allotted period.
The case is deemed submitted for decision on September 4,
1975 (date of last day of filing of the memoranda by the respective
parties). From that day, the 3-month period begins to run so Judge

Cruz had until December 4, 1975 to rule on the case. Judge Cruz made
a rendition of his decision on November 28, 1975.
The date of rendition is the date of filing of the decision with
the clerk of court. Hence, Judge Cruz was able to rule on the case
within the 3-month period because November 28, 1975 was merely
the 85th day from September 4, 1975.
The date of promulgation of a decision, in this case it was set in
January 1976, could not serve as the reckoning date because the same
necessarily comes at a later date.
Is the period to decide provided for by the Constitution
mandatory?
Section 11 (1), Art 10 of the 1973 Constitution provides that
upon the effectivity of this constitution, the maximum period within
which case or matter shall be decided or resolved from the date of its
submission shall be; 18 months for the Supreme Court, 12 months for
the inferior courts and 3 months for lower courts.
In practice, the Supreme Court is liberal when it comes to this
provision. The provision is mandatory, its merely directive. Extensions
can be granted in meritorious cases.
To interpret

such

provision

as

mandatory

will

only

be

detrimental to the justice system. Nevertheless, the SC warned lower

court judges to resolve cases within the prescribed period and not take
this liberal construction as an excuse to dispose of cases at later
periods.
WHEREFORE,

the

petition

is

hereby

dismissed;

and the

Restraining Order dated January 16, 1976 issued by this Court is lifted.
Since respondent Judge Fernando Cruz, Jr. is already deceased,
his successor is hereby ordered to decide Criminal Case No. C-5910 on
the basis of the record thereof within ninety [90] days from the time
the case is raffled to him.