G.R. No. L-2146; August 26, 1948
FEDERAL FILMS, INC. vs. POTENCIANO PECSON, Judge of First Instance of Bulacan, ET AL.

FACTS

Petitioner Federal Films, Inc. seeks to annul the decision of Judge Potenciano Pecson in a civil case where it was the defendant. The petitioner alleges grave abuse of discretion because: (a) the trial judge allowed its attorney to withdraw without complying with the rules and immediately let the plaintiffs present evidence; (b) the judge decided the case without hearing the defendant; and (c) the judge illegally refused to give due course to the defendant’s appeal. Respondents (the Santos couple) countered that the attorney withdrew because the defendant’s pretext for postponement (lack of transportation funds) was false and an attempt to delay proceedings, which the judge found justified. They also asserted that the notice of appeal was filed out of time and that the Supreme Court had already dismissed a prior petition (G.R. No. L-2074) seeking to compel the judge to certify the record on appeal.

ISSUE

Whether the trial judge committed grave abuse of discretion justifying the annulment of his decision via certiorari.

RULING

No. The petition is without merit and is dismissed. The Supreme Court held that any error regarding the attorney’s withdrawal and the subsequent proceedings was reviewable on appeal, not via certiorari, as it did not affect the court’s jurisdiction nor constitute a gross departure from regular procedure. The Court noted that the petition was essentially an attempt to revise a judgment that had become final due to the petitioner’s failure to appeal in due time. The prior ruling in G.R. No. L-2074, which upheld the judge’s refusal to give due course to the appeal, was already final and binding.

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