This case has been cited 1 times or more.
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2011-07-25 |
MENDOZA, J. |
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| A final decision or resolution becomes binding only after it is promulgated and not before.[29] It is an elementary doctrine that for a judgment to be binding, it must be duly signed and promulgated during the incumbency of the judge who penned it.[30] In this connection, the Court En-Banc issued the Resolution dated February 10, 1983 implementing B.P. 129[31] which merely requires that the judge who pens the decision is still an incumbent judge, that is, a judge of the same court, albeit now assigned to a different branch, at the time the decision is promulgated.[32] In People v. CFI of Quezon, Branch X,[33] it was clarified that a judge who died, resigned, retired, had been dismissed, promoted to a higher court or appointed to another office with inconsistent functions, would no longer be considered an incumbent member of the court and his decision written thereafter would be invalid. Indeed, one who is no longer a member of the court at the time the final decision or resolution is signed and promulgated cannot validly take part in that decision or resolution.[34] Much less could he be the ponente of the decision or resolution. Also, when a judge or a member of the collegiate court, who had earlier signed or registered his vote, has vacated his office at the time of the promulgation of the decision or resolution, his vote is automatically withdrawn or cancelled.[35] | |||||