G.R. No. L-29354; January 27, 1969
ACTING PROVINCIAL FISCAL OF COTABATO (including South Cotabato) ALEJANDRO C. SIAZON, petitioner, vs. THE HONORABLE JUDGE OF THE COURT OF FIRST INSTANCE OF COTABATO, BRANCH II, GENERAL SANTOS, SOUTH COTABATO, ADAN DE LAS MARIAS alias “OCTOPUS”, EDUARDO MONTINOLA alias “BABY”, NORBERTO FRAGADOS alias “BERT”, ALDERICO LUBATON alias “JACK” alias “JACKAL”, and PETER DOE”, respondents.

FACTS

1. A complaint for murder was filed against respondents Adan de las Marias, Eduardo Montinola, Norberto Fragados, and Alderico Lubaton for the killing of Jaime Anchinges.
2. The accused filed petitions for bail and hospitalization in the Municipal Court of General Santos, which were initially denied.
3. On September 1, 1967, the Secretary of Justice, by Administrative Order No. 174, designated petitioner Alejandro C. Siazon as Acting Provincial Fiscal of Cotabato specifically for the investigation and prosecution of the Anchinges murder case.
4. Subsequently, the municipal judge issued orders granting motions for hospitalization and bail to the accused (specifically orders dated October 18, 1967, for Montinola’s hospitalization and November 3, 1967, granting bail to De las Marias). Petitioner Siazon alleged he was not duly served with copies of these motions and orders.
5. The case was remanded to the Court of First Instance (CFI), docketed as Criminal Case No. 1647. Petitioner filed a certiorari case in the CFI (Civil Case No. 848) challenging the municipal court’s orders.
6. In the criminal case, motions for bail were granted to other accused without service of copies to petitioner.
7. The respondent CFI Judge set the criminal case for trial despite petitioner’s objections and pending motions. Petitioner then filed this original action for certiorari, prohibition, and mandamus with the Supreme Court.
8. While this petition was pending, the respondent CFI Judge, on September 10, 1968, dismissed Civil Case No. 848, ruling that petitioner lacked legal capacity to sue, his authority was terminated by the creation of the City of General Santos, and the petition was defective. However, a new judge had already qualified to preside over that CFI branch on August 27, 1968.

ISSUE

1. Whether the designation of petitioner as Acting Provincial Fiscal under Section 1679 of the Revised Administrative Code conferred on him exclusive authority to prosecute the case, such that the failure to serve him with pleadings and orders rendered those pleadings ineffective and the orders null and void.
2. Whether the dismissal of Civil Case No. 848 for certiorari by the respondent Judge was correct.

RULING

1. On the first issue: YES. The Supreme Court held that the designation of an Acting Provincial Fiscal under Section 1679 of the Revised Administrative Code is not merely to assist the regular provincial fiscal but to discharge all the duties of the regular fiscal which the latter is unable to perform. Therefore, petitioner had exclusive authority over the prosecution of the case. The failure to serve him with copies of the accused’s motions and pleadings was a fatal defect. Pleadings filed without proof of service to the opposing counsel, in this case the duly designated prosecutor, are deemed mere scraps of paper and cannot be valid bases for court orders. Consequently, the municipal court orders of October 18, 1967 (hospitalization of Montinola) and November 3, 1967 (bail for De las Marias), issued upon such defective pleadings, were declared null and void.
2. On the second issue: NO, the dismissal was not valid. The Supreme Court ruled that the order dismissing Civil Case No. 848, issued by the respondent Judge on September 10, 1968, was issued without authority. A new judge had already qualified and assumed office for that court branch on August 27, 1968. A judgment or order terminating a case must be promulgated during the judge’s incumbency in that court. Since the respondent Judge was no longer the presiding judge of that branch when he issued the dismissal order, the order was issued without due authority and is therefore void.
DISPOSITIVE:
The petition was GRANTED. The Supreme Court declared null and void: (1) the CFI order of August 28, 1968, in Criminal Case No. 1647; (2) the CFI order of September 10, 1968, dismissing Civil Case No. 848; and (3) the municipal court orders of October 18, 1967, and November 3, 1967. The preliminary injunction was made permanent. No costs.