G.R. No. L-12759 - Ferdo vs. Abalos

Tomas Fernando – Plaintiff and Appellant, a landowner who instituted the action.
Luis Abalos and Conrado Abalos – Tenants and the respondents in the case.
Court of Agrarian Relations, along with the provincial sheriff Ricardo L. Castelo (ex-officio of Nueva Ecija) – Appellees in the annulment action.
The dispute arises from a previous judgment rendered in cases Nos. 838 and 839 NE involving Carlos Abalos and Luis Abalos vs. Tomas Fernando, directing restoration of possession and determining payments in palay (28% for Carlos Abalos and 31.64% for Luis Abalos).

Tomas Fernando filed the action to annul the judgment on November 26, 1956, alleging lack of jurisdiction and damages caused by the writ of execution amounting to P5,000.00.
The Court of First Instance of Bulacan, presided over by Judge Eulogio Mencias, dismissed the complaint on December 12, 1956.
On motion by the plaintiff, a writ of preliminary injunction was issued against the Nueva Ecija sheriff to avert execution of the agrarian judgment.

The provincial sheriff and the Court of Agrarian Relations filed motions reconsidering the earlier dismissal order on December 24 and December 28, 1956, respectively.
On January 12, 1957, Luis Abalos and Conrado Abalos jointly filed a motion of dismissal.
Responses were filed by Tomas Fernando’s counsel and by the various parties with subsequent answers:

ii. Luis Abalos and Conrado Abalos followed on March 11, 1957.

On March 11, 1957, a motion for reconsideration was raised by the Abalos defendants, which was set for hearing on March 20, 1957, with a similar motion by the Court of Agrarian Relations scheduled on March 23, 1957.
Tomas Fernando opposed the motions for reconsideration on March 22, 1957.
Further motions to reconsider were filed by counsel for the Court of Agrarian Relations on April 2, 1957, with an answer by Tomas Fernando on April 5, 1957, followed by a reply from the Court of Agrarian Relations on April 8, 1957.

Despite being transferred to Rizal on April 15, 1957, Judge Mencias issued an order on April 30, 1957, dismissing the original petition and setting aside his previous order from February 19, 1957, along with the preliminary injunction.
The dismissal order was dated “Pasig, Rizal for Malolos, Bulacan, April 30, 1957.”

Whether Judge Mencias, having been transferred to Rizal on April 15, 1957, still possessed the authority to issue the dismissal order on April 30, 1957, despite presiding over the case from Pasig, Rizal.

Whether the complaint filed by Tomas Fernando was sufficiently pleaded to overcome the jurisdictional issues particularly given that the case was originally instituted before the creation of the Court of Agrarian Relations.

Whether the transfer of the case from the Court of Industrial Relations to the Court of Agrarian Relations was proper, considering the case was already pending when the latter was created by Republic Act No. 1267 (as amended by RA No. 1409).