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 sole defendant in a forcible entry case originally decided against her by the justice of the peace of Gasan, Marinduque. She appealed the decision to the Court of First Instance (CFI) of Marinduque, docketed as Civil Case No. 647. The respondent CFI Judge, Meynardo M. 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 the petitioner. Her motion for reconsideration, challenging the legality of the delegated jurisdiction, was denied, prompting this petition for certiorari.
ISSUE
Did the Court of First Instance validly delegate 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. Under the law, the delegation of a case by a CFI judge to an inferior court is permissible only for cases originally cognizable by the CFI. The subject case was an appealed ejectment case from the justice of the peace court, not a case originally within the CFI’s jurisdiction. Therefore, the respondent judge’s order of delegation was unauthorized, and the Boac justice of the peace acquired no jurisdiction over the case. The order dated October 21, 1946, and all subsequent proceedings pursuant thereto were declared void and of no effect.
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