Case Digest (G.R. No. L-23584-85)
Facts:
The case involves a legal conflict between the People of the Philippines and Lourdes Itchon Vda. De Formoso as petitioners, against Hon. Angelino C. Salanga, Judge of the Court of First Instance of Ilocos Sur, and accused Terio Peralta, Lucio Fabillaran, and Johnny Fabillaran as respondents. The crux of the matter stems from the incidents surrounding the killing of Vigan Mayor Lorenzo Formoso, Sr., along with another individual, and the wounding of two others, which led to the filing of Criminal Cases Nos. 3692 and 3965 in August 1958. These cases involved charges of double murder and double attempted murder, with the accused being Terio Peralta, alias "Leproso," and the Fabillaran brothers. Initially assigned to Branch I under Judge Felix Antonio, the cases progressed until Judge Antonio was appointed to the Court of First Instance of Manila. Subsequently, Judge Angelino Salanga took over as ad interim Judge of newly-created Branch III. After the cases were raffled a
Case Digest (G.R. No. L-23584-85)
Facts:
- Incident and Filing of Criminal Cases
- In August 1958, following an incident that resulted in the killing of Mayor Lorenzo Formoso, Sr. of Vigan, Ilocos Sur (and another person) and the wounding of two others, two criminal cases were instituted.
- Criminal Cases Nos. 3692 and 3965 were filed before the Court of First Instance of Ilocos Sur—one case charged with double murder and the other with double attempted murder.
- The accused in both cases were Terio de Peralta (alias “Leproso”), Lucio Fabillaran, and Johnny Fabillaran.
- Initial Assignment and Commencement of Trial
- The cases were initially assigned to Branch I of the Court of First Instance of Ilocos Sur and were presided over by Judge Felix Antonio.
- Upon arraignment, the accused pleaded not guilty and moved for separate trials, a motion which was granted, leading Judge Antonio to commence the hearings in both cases.
- Judicial Reassignments and Case Raffle
- On June 29, 1962, Judge Angelino Salanga was appointed ad interim to preside over the newly created Branch III of the Court of First Instance of Ilocos Sur, with subsequent confirmations following on May 23, 1963.
- New appointees led to a reorganization of the pending docket by raffle among the branches:
- Criminal Cases Nos. 3692 and 3965 were assigned to Branch III, and hearings were resumed by Judge Salanga when he first presided over that branch.
- Later, when Judge Salanga was appointed to Branch IV with station in Candon, an order was issued transferring the cases back to Branch I.
- Administrative Order and Contested Proceedings
- On June 15, 1964, Administrative Order No. 184 issued by the Secretary of Justice authorized Judge Salanga, despite his assignment to Branch IV, to continue holding court in Vigan solely “for the purpose of trying all kinds of cases and to enter judgment therein.”
- At the time when Judge Salanga had already partially heard the evidence in the cases, objections were raised regarding his authority to continue with them, given that they were originally assigned to Branch III of the court.
- Objections, Petitions, and Temporary Remedies
- On the hearing day of September 15, 1964, private prosecutors filed a motion questioning Judge Salanga’s jurisdiction, contending that the cases properly belonged to Branch III (then under Judge Solis).
- Subsequent motions for postponement and petitions for certiorari and prohibition (filed on September 30, 1964, by Lourdes Itchon Vda. de Formoso and the People of the Philippines) questioned:
- The propriety of Judge Salanga continuing the trial in Branch I despite the cases having been partially heard in Branch III.
- Allegations that Judge Salanga had acted without jurisdiction and, possibly, with partiality due to alleged political connections.
- The Supreme Court, in response, issued temporary restraining orders and set deadlines for the parties to file memoranda as the controversy over jurisdiction and transfer unfolded through subsequent orders and postponements (October 1964 to March 1965).
- Final Developments Leading to Resolution
- The case ultimately raised the pivotal question of whether a judge, even if reassigned or temporarily transferred by virtue of an administrative order, can continue to hear and decide cases that were previously underway under another branch.
- The Supreme Court recalled relevant jurisprudence and provisions of the Rules of Court—specifically Section 7 of Rule 22—requiring proper notice for the transfer of cases among branches.
- The Court examined the entire record, noting that no instance of judicial partiality had been established and that the actions taken were within the permissible scope of administrative orders.
Issues:
- Jurisdiction and Authority of Judge Salanga
- Whether Judge Angelino Salanga had the requisite authority to continue hearing and deciding Criminal Cases Nos. 3692 and 3965 after being transferred from Branch III to Branch I.
- Whether the utilization of Administrative Order No. 184 appropriately conferred on him the power to proceed with the cases despite his reassignment to Branch IV.
- Compliance with Procedural Requirements
- Whether the procedural requirements under Section 7 of Rule 22 of the Rules of Court—particularly the notice to the parties regarding the transfer or assignment of the cases—had been adequately complied with.
- Allegations of Bias and Partiality
- Whether any evidence existed in the record to support the petitioners’ claims of bias or undue influence on the part of Judge Salanga in the handling of the cases.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)