GR 29777 83; (March, 1971) (Digest)
G.R. No. L-29777-83 March 26, 1971
GREGORIO SOLIS, petitioner, vs. THE COURT OF APPEALS and the PEOPLE OF THE PHILIPPINES, respondents.
FACTS
Petitioner Gregorio Solis was convicted of malversation by the Court of First Instance of Camarines Sur. The judgment was penned and signed by Judge Jose N. Leuterio on June 19, 1954. Promulgation was scheduled for that day but was postponed as it was declared a special public holiday. Republic Act No. 1186 , abolishing all positions of Judges-at-Large, took effect on June 20, 1954. On June 21, 1954, Judge Perfecto R. Palacio, presiding over another sala, promulgated Judge Leuterio’s judgment over petitioner’s objection.
Solis appealed to the Court of Appeals, arguing the promulgation was void as it was made by another judge after the rendering judge’s incumbency had ceased. The Solicitor-General agreed. The appellate court modified the sentence but failed to serve the decision on Solis’s new counsel for nearly three years. Upon learning of an execution order, counsel moved to restrain execution and recall the records. The Court of Appeals suspended execution and served the decision but refused to recall the records, later denying Solis’s motion for reconsideration.
ISSUE
Whether the promulgation of the judgment by Judge Palacio, after Judge Leuterio’s position was abolished, is valid.
RULING
The Supreme Court ruled the promulgation was void and the trial court’s judgment a nullity. A judgment is void if promulgated after the judge who rendered it has permanently ceased to be a judge of that court. Judge Leuterio’s position was abolished by law effective June 20, 1954. The promulgation on June 21, 1954, occurred after he had ceased to hold office. The Court of Appeals erred in applying the de facto officer doctrine, as it requires the officer to actually perform the act under color of right. Judge Leuterio did not act; the promulgation was conducted by another judge after Leuterio’s incumbency terminated. Consequently, there was no validly promulgated judgment from which an appeal could be taken. The decisions of both lower courts were set aside. The records were ordered returned to the trial court for new adjudication based on the existing evidence.