G.R. No. 102826 . March 17, 1993.
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. RODOLFO LABAO alias KA RUDY, and CESAR VILLANUEVA Y MIGUEL, accused-appellants.

FACTS

Accused-appellants Rodolfo Labao and Cesar Villanueva were charged with robbery with homicide before the Regional Trial Court of Tuao, Cagayan, Branch 11, presided by Judge Florentino F. Calica. After pleading not guilty, the case was tried and submitted for decision before Judge Calica on April 30, 1991. Judge Calica applied for optional retirement on April 12, 1991, specifying June 16, 1991, as the effective date. The Supreme Court approved his retirement effective June 16, 1991. Despite his retirement, Judge Calica rendered a decision on September 4, 1991, finding the accused guilty and sentencing them to reclusion perpetua. On November 5, 1991, Judge Hilarion L. Aquino, the acting presiding judge, promulgated the decision written by the retired Judge Calica.

ISSUE

Whether the decision penned by Judge Calica after his retirement from office is valid.

RULING

No. The decision is null and void. The Supreme Court consistently ruled that for a judgment to be valid, it must be duly signed and promulgated during the incumbency of the judge who signed it. A decision penned by a judge after retirement cannot be validly promulgated and has no binding effect. When Judge Calica retired on June 16, 1991, he ceased to be a judge and lost all authority to decide any case, including writing, signing, and promulgating the decision. Consequently, the decision in Criminal Case No. XI-202-T is declared null and void. The case is remanded to the court of origin for adjudication and promulgation of a new decision.