GR 44347; (September, 1938) (Digest)
G.R. No. 44347 ; September 27, 1938
FELIX PAULINO, plaintiff-appellee, vs. ALEJANDRO SEVA, defendant-appellant.
FACTS
The case originated from the justice of the peace court of Oas, Albay, involving a collection suit for P210 plus 42 cavans of palay (or P84). After judgment, the defendant appealed to the Court of First Instance (CFI) of Albay. The CFI judge then delegated the trial of the appealed case to the justice of the peace of the provincial capital, who tried and decided it. From that decision, an appeal was taken to the Court of Appeals, which certified the case to the Supreme Court.
ISSUE
Whether the judge of the Court of First Instance had the authority to delegate the trial of a case appealed from a justice of the peace court to another justice of the peace.
RULING
No. The delegation was null and void. Under Act No. 4090 , a CFI judge is empowered to delegate cases only in matters originally cognizable by the CFI. Since this case was appealed from a justice of the peace court, the CFI was exercising its appellate jurisdiction. Therefore, the delegation to the justice of the peace of the capital was invalid. All proceedings conducted by that justice of the peace, including the judgment, were declared null and void. The Supreme Court remanded the case to the CFI of Albay to conduct the trial and render a decision in the exercise of its appellate jurisdiction.
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