GR L 1598; (April, 1948) (Digest)
G.R. No. L-1598; April 19, 1948
NICOLASA SALVO DE PERNIA, petitioner, vs. MEYNARDO M. FAROL, Judge of First Instance of Marinduque, and RAFAEL SALVO, ET AL., respondents.
FACTS
Petitioner Nicolasa Salvo de Pernia was the defendant in a forcible entry case originally decided against her by the justice of the peace of Gasan, Marinduque. She appealed to the Court of First Instance (CFI) of Marinduque, docketed as Civil Case No. 647. Respondent Judge Meynardo Farol issued an order dated October 21, 1946, authorizing the justice of the peace of Boac (the capital) to hear and decide the appealed case. The Boac justice of the peace subsequently rendered a judgment against petitioner. Her motion for reconsideration, challenging the legality of the delegated jurisdiction, was denied, prompting this petition for certiorari.
ISSUE
Whether the Court of First Instance validly delegated the hearing and decision of the appealed forcible entry case to the justice of the peace of Boac.
RULING
No. The Supreme Court granted the petition, annulling the order of October 21, 1946, and all subsequent proceedings. The Court held that under the law, delegation of a case by a CFI to an inferior court is permissible only for cases originally cognizable by the CFI, not for cases appealed to it from an inferior court. Since the case was on appeal from the justice of the peace of Gasan, the respondent judge’s assignment of the case to the justice of the peace of Boac was unauthorized, and the Boac court acquired no jurisdiction. The ruling was based on precedent (Dumlao vs. Asuncion, 58 Phil. 904). Costs were awarded to the petitioner.
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