G.R. No. L-38068 - Gamboa vs. Court of Appeals

Private respondents filed Civil Case No. 629-M with the Court of First Instance (CFI) of Rizal for damages against petitioners (defendants).
The trial court, presided by Judge Vivencio Ruiz, rendered judgment favoring private respondents.
A writ of execution was issued, and the Sheriff conducted a public auction sale on March 14, 1972, selling a Toyota Corolla taxi (model ’69) and a Certificate of Public Convenience (CPC) for operation of 60 taxicabs, issuing a Sheriff’s Certificate of Sale in favor of private respondents.
Petitioners filed an “Urgent Motion to Set Aside Sale on Execution” on March 19, 1972, alleging fraud, mistake, and irregularity in the execution sale.
Judge Ruiz denied this motion in an order dated April 11, 1972. Subsequently, petitioners filed a motion for reconsideration.

On September 18, 1972, Judge Ruiz granted the motion for reconsideration and set aside the execution sale citing:

Judge Ruiz tendered his resignation on October 4, 1972, pursuant to a presidential directive (Letter of Instruction No. 11).
Though the order setting aside the sale was dated September 18, 1972, it was only filed with the Clerk of Court on October 18, 1972.
President formally accepted the resignation on October 6, 1972, but Judge Ruiz was officially notified only on October 21, 1972.
Respondent Judge Arsenio Alcantara was appointed to replace Ruiz.

On November 21, 1972, private respondents filed a motion to annul Ruiz’s September 18, 1972 order setting aside the sale.
Judge Alcantara granted this motion on January 26, 1973, declaring Ruiz’s order null and void on grounds:

Ruiz ceased to be judge by October 6, 1972, the date of presidential acceptance.
The order must be signed and promulgated during the incumbency of the judge to be valid.
Ruiz did not act in good faith; filing the September order only on October 18, 1972, after his resignation acceptance.

Petitioners’ motions for reconsideration were denied by Judge Alcantara on March 7 and subsequent dates.

Aggrieved, private respondents filed a petition for certiorari and prohibition with prayer for preliminary injunction before the Court of Appeals (CA).
On November 13, 1973, the CA granted the writs of certiorari and prohibition, making permanent the writ of preliminary injunction.
Petitioners moved for reconsideration; CA denied these motions in early 1974.
Thereafter, petitioners sought relief from the Supreme Court via certiorari.

Whether Judge Ruiz ceased to be a judge de jure or de facto upon the acceptance of his resignation by the President of the Philippines, affecting the validity of his September 18, 1972 order promulgated on October 18, 1972.

Whether Judge Alcantara’s annulment of Ruiz’s September 18, 1972 order on the grounds of Ruiz’s purported cessation from office constitutes grave abuse of discretion.

Whether the petition for certiorari filed before the Court of Appeals was proper or barred by the availability of appeal and principles of res judicata or conclusiveness of judgment.

Whether private respondents were guilty of laches or estoppel for filing a motion to annul the execution sale despite participation in the sale.

Whether the judicial acts performed by Ruiz after submission of his resignation but before official notification of acceptance are valid and binding as acts of a de facto officer.