G.R. No. L-26079 September 30, 1969
PORFIRIO COMIA and CHIEF OF POLICE ANTONIO S. GABA, SR., petitioners, vs. HON. JUDGE NICANOR P. NICOLAS, in his capacity as JUDGE CFI OF ORIENTAL MINDORO (CALAPAN BRANCH); THE PROVINCIAL SHERIFF and/or HIS DEPUTIES CALAPAN, ORIENTAL MINDORO, and ESTANISLAO GARACHICO, respondents.

FACTS

On December 8, 1960, Estanislao Garachico and fourteen other former policemen of Naujan, Oriental Mindoro, filed a petition for mandamus, quo warranto, prohibition, and damages (Civil Case No. R-979) against Municipal Mayor Porfirio Comia and their replacements, seeking reinstatement and payment of unpaid salaries from January 1, 1960. Judge Juan de Borja, temporarily assigned to hear the case, terminated the hearings but his assignment expired before he could decide it. He later certified that he had rendered a decision dismissing the petition on February 13, 1962, and sent it to the Clerk of Court. This decision was not signed nor filed with the clerk. Subsequently, Judge Andres Sta. Maria presided. On January 9, 1964, after substitution of respondents’ counsel, the case was submitted for decision upon the filing of memoranda. Judge Sta. Maria was transferred before deciding. Judge Nicanor P. Nicolas, assuming office in July 1964, rendered a decision on September 8, 1964 (amended September 9, 1964), ordering the reinstatement of Garachico and payment of his back salaries, while dismissing the claims of the other petitioners. Respondents moved to set aside this judgment, attaching Judge de Borja’s certification and unsigned decision. The motion was denied on November 27, 1964, with the court noting the decision lacked the requisites of being signed and filed. A writ of execution was subsequently issued.

ISSUE

Whether the decision rendered by Judge Nicanor P. Nicolas on September 8, 1964, as amended, is null and void due to the prior existence of a decision rendered by Judge Juan de Borja which terminated the case.

RULING

Yes, the decision of Judge Nicolas is null and void. The Supreme Court ruled that Judge de Borja’s decision, rendered on February 13, 1962, was valid despite being prepared and signed outside the province. Under Section 9 of Rule 135 of the Rules of Court, a judge who has totally heard a case may prepare and sign his decision anywhere in the Philippines and send it by registered mail to the clerk of court for filing. The Court found that Judge de Borja’s decision, having been rendered by the judge who heard the evidence, terminated the case. Consequently, Judge Sta. Maria and later Judge Nicolas no longer had any jurisdiction over the case. The proceedings before them, including the submission for decision and the rendition of the September 8, 1964 judgment, were null and void for lack of jurisdiction. The Court declared the decision and orders of Judge Nicolas null and void and made the preliminary injunction permanent.