This case has been cited 2 times or more.
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2015-06-22 |
PERALTA, J. |
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| As for the authority of Judge Indar to issue the assailed decision, it is settled that cases that have been submitted for decision or those past the trial stage, such as when all the parties have finished presenting their evidence, prior to the transfer or promotion, shall be resolved or disposed by the judge to which these are raffled or assigned. Also, a judge transferred, detailed or assigned to another branch shall be considered as Assisting Judge of the branch to which he was previously assigned.[7] Once trial judges act as presiding judges or otherwise designated as acting or assisting judges in branches other than their own, cases substantially heard by them and submitted to them for decision, unless they are promoted to higher positions, may be decided by them wherever they may be, if so requested by any of the parties and endorsed by the incumbent Presiding Judges through the Office of the Court Administrator. The following procedure may be followed: (1) The judge who takes over the branch must immediately make an inventory of the cases submitted for decision left by the previous judge, unless the latter has, in the meantime, been promoted to a higher court; (2) The succeeding judge must then inform the parties that the previous judge who heard the case and before whom it was submitted for decision, may be required to decide the case. In such an event and upon request of any of the parties, the succeeding judge may request the Court Administrator to formally endorse the case for decision to the judge before whom it was previously submitted for decision; and (3) After the judge who previously heard the case is finished with his decision, he should send back the records and his decision to the branch to which the case properly belongs, by registered mail or by personal delivery, for recording and promulgation, with notice of such fact to the Court Administrator.[8] Also, it must be pointed out that the authority to resolve cases of the newly-appointed judge starts, not upon appointment, but upon assumption of duty.[9] Likewise, assumption of duty does not automatically mean resolution of cases because the newly-assumed judge must first conduct the necessary inventory[10] of all pending cases in the branch. Here, the Estate failed to prove that Judge Imbrahim assumed office at the RTC, Branch 13 on August 18, 2005. Even granting that Judge Ibrahim in fact assumed his duties on said date, the Estate still failed to present any evidence that would show that, prior to the release of the August 26, 2005 Decision, he conducted an inventory of cases where Civil Case No. 2618 was included, as required by the court guidelines. | |||||
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2009-02-10 |
CORONA, J. |
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| In Re: Cases Left Undecided by Judge Sergio D. Mabunay, RTC, Branch 24, Manila,[19] we held that cases which are raffled to a branch belong to that branch unless re-raffled or otherwise transferred to another branch in accordance with established procedure. Judges who are transferred do not take with them cases substantially heard by them and submitted to them for decision unless they are requested to do so by any of the parties and such request is endorsed by the incumbent presiding judge through the OCA:Basically, a case once raffled to a branch belongs to that branch unless reraffled or otherwise transferred to another branch in accordance with established procedure. When the Presiding Judge of that branch to which a case has been raffled or assigned is transferred to another station, he leaves behind all the cases he tried with the branch to which they belong. He does not take these cases with him even if he tried them and the same were submitted to him for decision. The judge who takes over this branch inherits all these cases and assumes full responsibility for them. He may decide them as they are his cases, unless any of the parties moves that his case be decided by the judge who substantially heard the evidence and before whom the case was submitted for decision. If a party therefore so desires, he may simply address his request or motion to the incumbent Presiding Judge who shall then endorse the request to the [OCA] so that the latter may in turn endorse the matter to the judge who substantially heard the evidence and before whom the case was submitted for decision. This will avoid the "renvoir" of records and the possibility of an irritant between the judges concerned, as one may question the authority of the other to transfer the case to the former. If coursed through the [OCA], the judge who is asked to decide the case is not expected to complain, otherwise, he may be liable for insubordination and his judicial profile may be adversely affected. Upon direction of the Court Administrator, or any of his Deputy Court Administrators acting in his behalf, the judge before whom a particular case was earlier submitted for decision may be compelled to decide the case accordingly. | |||||