Case Digest (G.R. No. L-37471)
Facts:
Petitioner Dulcisimo Tongco Jandayan was convicted on May 10, 1973 by the Municipal Court of Loay, Bohol for Serious Physical Injuries through Reckless Imprudence, and was sentenced to three (3) months of Arresto Mayor. On appeal, the case was raffled to the CFI of Bohol, presided by Judge Paulino Marquez, but Judge Marquez retired on June 27, 1973.
Despite the retirement, respondent Judge Fernando S. Ruiz promulgated on July 16, 1973 the decision dated June 22, 1973 as prepared and signed by Judge Marquez, and petitioner was confined in the Bohol provincial jail. Before the Supreme Court could act, the Chief of Police of Anda, Bohol released petitioner after he had fully served his sentence, rendering the habeas corpus aspect moot.
Issues:
- Whether the promulgation of a decision by a judge who had already retired is valid and binding.
- Whether the petition should still be resolved despite petitioner’s release from confinement, considering the habeas corpus aspect.
Ruling:
The Court granted the petition, holding that the promulgation made on July 16, 1973—based on a decision prepared and signed by a judge who had retired on June 27, 1973—was null and void.
Although petitioner’s release rendered the habeas corpus portion moot and academic, the Court dismissed the petition as moot and academic due to his release, while still clarifying the controlling doctrine to remove doubt.
Ratio:
The Court ruled that a retired judge had no legal authority to promulgate a decision, and such promulgation could not acquire binding effect. It relied on Lino Luna v. Rodriguez, and later cases such as Jimenez v. Republic and Vera v. People, which applied the principle that decisions of retired judges cannot validly be promulgated.
The Court further noted that even if procedural non-invocation can sometimes affect reliance on the doctrine, there was no justification here for the respondent judge’s action contrary to the controlling norm.
Doctrine:
- A decision prepared and signed by a judge who has already retired cannot be validly promulgated and does not acquire binding effect.
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