G.R. No. L-26068. March 29, 1971. CITY OF CEBU, petitioner, vs. HON. FELIMON R. CONSOLACION, Judge of the Court of First Instance of CEBU, Branch VII, respondent.
FACTS

The Province of Cebu and several municipalities filed a complaint (Civil Case No. 238-BC) against the City of Cebu and other officials in the Court of First Instance (CFI) of Cebu. The action sought to declare null a provincial resolution and a deed of donation covering 210 province-owned lots located within Cebu City. Respondent Judge Felimon R. Consolacion, presiding over Branch VII of the CFI of Cebu stationed in the Municipality of Barili, issued a writ of preliminary injunction and later denied the City of Cebu’s motion to dismiss. The City of Cebu moved for reconsideration, arguing the case should be transferred to a branch stationed in Cebu City, as the subject properties were located there. This motion was also denied.
The City of Cebu then filed this original action for certiorari, prohibition, and mandamus. Petitioner contended that under Administrative Order No. 302 of the Department of Justice, which apportioned cases among the eight CFI branches in Cebu, Branch VII in Barili was authorized to take cognizance only of cases from twelve specified western municipalities. Since the case involved lands in Cebu City, petitioner argued that only any of the six branches stationed in Cebu City had authority, rendering respondent judge’s actuations void.

ISSUE

Whether respondent Judge Felimon R. Consolacion of CFI Cebu, Branch VII, acted without jurisdiction or in excess of jurisdiction in taking cognizance of Civil Case No. 238-BC.

RULING

The Supreme Court dismissed the petition. The legal logic is anchored on the proper interpretation of Administrative Order No. 302 and the presumption of regularity in the performance of official duties. While the administrative order apportioned cases among the different branches, it expressly provided that “whenever the interest of the administration of justice so requires, any judge of the eight branches… may try any case coming from any municipality, with the previous approval of this Department.”
The Court held that for a party to successfully assail the authority of Branch VII to take the case, it must affirmatively allege that the required previous approval from the Department of Justice was not secured. The petition contained no such allegation. Absent this vital allegation, the presumption prevails that official duty was regularly performed, and that any necessary approval for the transfer or assumption of the case by Branch VII had been duly obtained. The Court further noted that, venue-wise, the case was properly filed in the Province of Cebu since the parties were residents and the lands were situated within the province. The administrative apportionment did not strip the CFI of the province of its jurisdiction but was merely an internal allocation subject to the flexibility clause. Therefore, petitioner failed to discharge its burden of proving that respondent judge acted without jurisdiction.