G.R. No. L-147; January 30, 1946
Mamerto Venturina, petitioner, vs. Court of First Instance of Nueva Ecija, Leocadio Beltran and Maria del Rosario, respondents.

FACTS

On January 31, 1941, the Court of First Instance of Nueva Ecija dismissed the complaint of plaintiffs Leocadio Beltran and Maria del Rosario and ordered them to deliver cadastral lots 2487, 2488, and 2489 to defendant Mamerto Venturina, along with 125 cavans of palay or P250 annually from the 1935-36 crop year until delivery. On June 15, 1944, during the enemy occupation, the Court of Appeals affirmed this decision. The clerk made an entry of judgment on July 1, 1944, and the case was remanded to the Court of First Instance of Nueva Ecija, received on August 1, 1944. On August 6, 1945, Judge Francisco Alfonso ordered the issuance of a writ of execution. However, on October 11, 1945, Judge Vicente del Rosario, upon plaintiffs’ petition, set aside the August 6 order and suspended execution. In his orders of October 11 and November 14, 1945, Judge del Rosario based his action on the theory that the appellate decision had not become final because plaintiffs were not notified. The November 14 order added two grounds: (a) the acts of the Court of Appeals, which had been disintegrated into independent courts by enemy government action, were null; and (b) the moratorium under Executive Order No. 32 suspended execution. Defendant Venturina filed a petition to declare these orders null for lack of jurisdiction or grave abuse of discretion. The record shows plaintiffs learned of the appellate decision through multiple instances, including service of defendant’s execution petition on their attorney on June 18, 1945, and other notices through July, October, and November 1945. Despite this knowledge, plaintiffs failed to file a petition for certiorari, a motion for reconsideration, or any action to annul or suspend the decision within the allowable time.

ISSUE

Whether the Court of Appeals decision dated June 15, 1944, has become final and executory, thereby rendering the lower court’s orders of October 11 and November 14, 1945, invalid.

RULING

Yes. The Supreme Court declared the decision of the Court of Appeals rendered on June 15, 1944, final and executory and set aside the lower court’s orders of October 11 and November 14, 1945. The Court held that plaintiffs received information of the appellate decision on multiple dates (June 18, July 18, October 5, October 15, November 7, and on or about December 4, 1945), each having the effect of formal notification. Plaintiffs failed to take any legal step to annul, reverse, or suspend the decision within the period allowed by the Rules of Court, which had already elapsed in excess. Even assuming the fifteen-day period for finality should be counted from notice to the parties, the decision had become final and executory. Regarding the validity of the Court of Appeals decision during the Japanese regime, the Court followed the majority doctrine established in Co Kim Cham vs. Valdez Tan Keh and Dizon and Alcantara vs. Director of Prisons, which recognized the validity of such judicial acts. Costs were taxed against respondents Leocadio Beltran and Maria del Rosario.