Professional Documents
Culture Documents
WHEREFORE, in view of the foregoing, the instant
Petition is hereby DISMISSED and the assailed Orders are
hereby AFFIRMED. Costs against petitioner.
SO ORDERED.
_______________
* THIRD DIVISION.
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the point their father drew his last breath, petitioners stepped
into his shoes insofar as the subject property is concerned, such
that any rights or obligations pertaining thereto became binding
and enforceable upon them. It is expressly provided that rights to
the succession are
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MELO, J.:
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at some future date did not change the fact that the hearing of
the case was terminated before Judge Roura and therefore the
same should be submitted to him for decision; (2) When the
defendants and intervenor did not object to the authority of Judge
Reynaldo Roura to decide the case prior to the rendition of the
decision, when they met for the first time before the undersigned
Presiding Judge at the hearing of a pending incident in Civil Case
No. Q-46145 on November 11, 1988, they were deemed to have
acquiesced thereto and they are now estopped from questioning
said authority of Judge Roura after they received the decision in
question which happens to be adverse to them; (3) While it is true
that Judge Reynaldo Roura was merely a Judge-on-detail at this
Branch of the Court, he was in all respects the Presiding Judge
with full authority to act on any pending incident submitted
before this Court during his incumbency. When he returned to his
Official Station at Macabebe, Pampanga, he did not lose his
authority to decide or resolve such cases submitted to him for
decision or resolution because he continued as Judge of the
Regional Trial Court and is of co-equal rank with the undersigned
Presiding Judge. The standing rule and supported by
jurisprudence is that a Judge to whom a case is submitted for
decision has the authority to decide the case notwithstanding his
transfer to another branch or region of the same court (Sec. 9,
Rule 135, Rules of Court).
Coming now to the twin prayer for reconsideration of the
Decision dated March 1, 1989 rendered in the instant case,
resolution of which now pertains to the undersigned Presiding
Judge, after a meticulous examination of the documentary
evidence presented by the parties, she is convinced that the
Decision of March 1, 1989 is supported by evidence and, therefore,
should not be disturbed.
IN VIEW OF THE FOREGOING, the “Motion for
Reconsideration and/or to Annul Decision and Render Anew
Decision by the Incumbent Presiding Judge” dated March 20,
1989 is hereby DENIED.
SO ORDERED.
Quezon City, Philippines, July 12, 1989.
(Rollo, pp. 108-109)
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not aware that they have set their own trap for
themselves, for Article 1186 of the Civil Code expressly
provides that:
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Petition dismissed.
——o0o——
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