G.R. No. 31342 - Ong Chiongchi vs. Judge of the Court of 1st Instance of Oriental Negros

On August 15, 1925, petitioner Vicente Ong Chiongchi filed a complaint in the Court of First Instance of Oriental Negros against respondent Leon Pastor for breach of a contract of compromise and for damages.
The complaint was docketed as Civil Case No. 321.
On November 28, 1925, respondent Leon Pastor filed an answer denying each and every allegation and prayed to be absolved with costs against the petitioner.

On June 17, 1927, petitioner Vicente Ong Chiongchi filed a supplementary complaint specifically for damages.
On June 22, 1927, respondent Leon Pastor filed an argumentative pleading in response to the supplementary complaint.

After hearings, the Honorable A. M. Recto, acting as the judge in the Court of First Instance, rendered a judgment on July 20, 1927, in favor of the petitioner and against the respondent.
Respondent Leon Pastor received a copy of the July 20, 1927, decision on July 21, 1927, and on July 25, 1927, he filed a motion expressing his dissatisfaction; he indicated his intention to engage counsel and appeal to the Supreme Court.
Crucially, notices regarding these motions were duly given to the adverse party with a set date for the hearing.

On October 20, 1927, respondent Leon Pastor, through his attorneys, filed a motion requesting permission to amend his previous motion and for a new trial in accordance with law, again giving notice to the opposing party.
On the same day, October 24, 1927, petitioner Vicente Ong Chiongchi lodged an objection to the motions, seeking their denial.
On October 24, 1927, Judge Nicolas Capistrano issued an order revoking the previous judgment of Judge Recto and granted the motion for a new trial, thereby reopening the case.

While Judge Capistrano was holding sessions in the municipality of Dansalan, Lanao, he rendered a judgment on March 3, 1928, upon the conclusion of the new trial ordered by his October 24, 1927 decree.
This judgment was formally entered on March 28, 1928, and became the subject matter of the present petition.

Petitioner Vicente Ong Chiongchi took exception to the new trial order on November 7, 1927, and subsequently filed a petition for a writ of certiorari on March 13, 1928.
The petition, docketed as G.R. No. 29358, was directed against Judge Nicolas Capistrano and respondent Leon Pastor. It pleaded that the order of October 24, 1927, be declared null and void on the ground of lack of jurisdiction.
On August 24, 1928, the Supreme Court rendered judgment granting the writ of certiorari, annulling the October 24, 1927, order for lack of jurisdiction and confirming the preliminary injunction, with costs charged against respondent Leon Pastor.

The Supreme Court held that Judge Capistrano, having exercised jurisdiction he did not possess in issuing the order of October 24, 1927, rendered both the new trial and the subsequent judgment null and void.
Consequently, the judgment of the Court of First Instance rendered on March 3, 1928, following the new trial in Civil Case No. 321, was declared null and void.

Whether Judge Nicolas Capistrano possessed the proper jurisdiction to revoke the earlier decision and grant a new trial by issuing the October 24, 1927, order.
Whether the actions taken subsequent to that order, including holding a new trial and rendering a judgment on March 3, 1928, were valid given the alleged lack of jurisdiction.

Whether the new trial and the resulting judgment, issued after the order subsequently found to be void, should therefore be declared null and void.
The determination of liability for costs in light of the defective jurisdiction.