Case Summary (G.R. No. L-47755)

Rules of Court; Adjournment of Trial; Retroactive Effect

• The petitioner contended that the respondent judge had adjourned the trial of Juliana Veloso's petition for more than three months.
• The initial trial date was set for April 24, 1940, with subsequent postponements occurring on May 4, June 3, June 11, and June 21, 1940, all prior to the effective date of the Rules of Court on July 1, 1940.
• According to Rule 133 of the Rules of Court, these postponements should not be counted as they occurred before the rules took effect, preventing retroactive application.
• Post-July 1, 1940, the rules govern further proceedings, including the postponements on July 18, August 19, and September 17, 1940, which did not exceed the three-month limit.

Directory Nature of Rule 31, Section 4

• Section 4 of Rule 31 states that a court cannot adjourn a trial for more than one month per adjournment or more than three months in total without written authorization from the Chief Justice.
• This provision is deemed directory, meaning that a violation does not nullify judicial proceedings.
• However, a willful or reckless disregard of this rule by judges may lead to administrative action against them for breach or neglect of duty.

Petition for Prohibition

• The petitioner, Linda Mohamed Barrueco, represented by her guardian ad litem, sought a prohibition order against Judge Quirico Abeto to cease actions in civil case No. 55129 regarding Juliana Veloso's petition for compulsory acknowledgment as a natural child of the deceased Julio Veloso Barrueco.
• Linda claims to be the acknowledged natural daughter and sole heir of Julio Veloso Barrueco, asserting her entitlement to the entire estate involved in the intestate proceedings.

Proceedings and Postponements

• Juliana Veloso filed her petition on January 11, 1940, later amended on April 3, 1940, which was opposed by Linda and the Consul-General of Spain.
• The respondent judge set hearings for the petition, which were postponed multiple times due to time constraints and other cases.
• A motion for postponement was filed by Juliana's attorney on July 16, 1940, leading to further adjournments, including a significant one from July 18 to August 19, 1940.

Jurisdiction and Motion for Dismissal

• On August 19, 1940, instead of proceeding to trial, Linda's attorney filed a motion to dismiss Juliana's petition, arguing that the judge lost jurisdiction due to improper adjournments.
• The judge did not rule on the motion for dismissal immediately and scheduled another hearing for September 10, 1940, during which the motion was denied.
• The judge allowed Linda's attorney five days to file a proper action ag...continue reading

Case Syllabus (G.R. No. L-47755)

Case Overview

• The case is an original action for prohibition filed by the petitioner, Linda Mohamed Barrueco, who is represented by her grandmother and guardian ad litem, Ciriaca Sulayao.
• The respondents are Qunaco Abeto, the Judge of the Court of First Instance of Manila, Branch VI, and Juliana Veloso, represented by her mother and guardian, Maria Blanco.
• The primary objective of the petition is to command the respondent judge to cease further actions regarding Juliana Veloso's petition for compulsory acknowledgment as a natural child of the deceased Julio Veloso Barrueco and to dismiss said petition.

Background of the Case

• Linda Mohamed Barrueco claims to be the acknowledged natural daughter and exclusive heir of the deceased Julio Veloso Barrueco, thereby asserting her entitlement to his entire estate.
• Juliana Veloso filed a petition on January 11, 1940, later amended on April 3, 1940, seeking compulsory acknowledgment as a natural child of the deceased.
• The petitioner opposed this petition, with support from the Consul-General of Spain in the Philippines, who serves as administrator of the intestate estate.

Procedural History

• The respondent judge scheduled hearings for the petition, beginning with a date of April 24, 1940. Subsequent hearings were set for M...continue reading