G.R. No. L-23370-71; September 28, 1968.
Teresa, Nicolasa, Bernardo, all surnamed Ferrer, and Paterno Bandorio, petitioners, vs. Hon. Cesario C. Golez, Presiding Judge of Branch I, Court of First Instance of Capiz; Aderiano, Bernardo, Leoncia (Aloncia), all surnamed Leonor; Enicitas Corcino and Silvestra Bandorio; Nicasio Timtiman, Bibiana L. Timtiman, Leoncio Corcino Leonor, Lemuel C. Leonor and Charito Leonor, respondents.

FACTS

In Civil Case No. V-2589, Rufino Ferrer filed a complaint to annul deeds of sale and recover ownership and possession of one-half of five parcels of land. In Civil Case No. V-2607, the spouses Leoncia Leonor and Rufino Ferrer filed a complaint to annul a deed of sale and mortgage and recover ownership and possession of a parcel of land (one of the five parcels in the first case). The cases were consolidated. After trial, the Court rendered a judgment on July 23, 1963, dismissing the complaints, declaring the defendants as owners of the lands, and ordering the plaintiffs to pay damages. The defeated parties (plaintiffs) perfected their appeal on January 3, 1964. Rufino Ferrer died in December 1963. On April 27, 1964, his widow, Leoncia Leonor, filed a motion to dismiss the appeal in both cases, which was granted by respondent Judge on May 6, 1964. Paterno Bandorio filed motions for reconsideration, which the respondent judge declined to act upon due to procedural defects (failure to serve notice on adverse counsel) and lack of legal standing of the movants. Teresa, Nicolasa, and Bernardo Ferrer, along with Paterno Bandorio, filed another motion to set aside the order dismissing the appeal, claiming to be heirs of the deceased Rufino Ferrer. The respondent judge denied these motions, finding the movants had no legal standing in the case. Petitioners then filed the present petition for certiorari and mandamus.

ISSUE

Whether the respondent judge acted without jurisdiction or with grave abuse of discretion in issuing the order granting the motion to dismiss the appeal and in denying the motions for reconsideration.

RULING

The Supreme Court denied the petition. The respondent judge acted within his jurisdiction and did not commit any grave abuse of discretion amounting to lack of jurisdiction. The motion to dismiss the appeal was filed by Leoncia Leonor, the surviving spouse and co-plaintiff, after the perfection of the appeal but before the elevation of the record to the Court of Appeals. The motions for reconsideration were properly denied: Paterno Bandorio’s motions were procedurally defective (one was a pro-forma motion for lack of notice to adverse counsel) and his authority as attorney-in-fact for Rufino Ferrer lapsed upon Ferrer’s death, and for Leoncia Leonor was deemed withdrawn when she filed the motion to dismiss. Teresa and Nicolasa Ferrer, claiming to be heirs, were considered strangers to the case as they had not asked the court for substitution or intervention. The petition was dismissed, with costs.