G.R. No. 44347. September 27, 1938
FELIX PAULINO, PLAINTIFF AND APPELLEE, VS. ALEJANDRO SEVA, DEFENDANT AND APPELLANT.
CONCEPCION, J.:
for proper action in accordance with the provisions of section 145-H of
Commonwealth Act No. 3, as it was discovered that it was originally
commenced in the justice of the peace court of Oas, Albay, and judgment
having been rendered therein, an appeal was taken to the Court of First
Instance of said province. The judge of the Court of First Instance
delegated the case to the justice of the peace of the capital and the
latter, by virtue of said delegation, tried the same and decided it.
From his judgment, an appeal was taken to the Court of Appeals.
It was sought to collect from the defendant-appellant the sum of P210,
plus 42 cavans of palay, or in lieu thereof, the sum of P84. By reason
of the amount of the demand, the action was properly instituted in the
justice of the peace court of Oas, Albay, so that the case was brought
to the Court of First Instance of Albay on appeal. Such being the case,
the judge of the Court of First Instance could not delegate the trial
thereof to the justice of the peace of the capital, because, according
to the provisions of Act No. 4090, he is empowered to make such
delegation only in cases originally cognizable by him (Dumlao vs.
Asuncion, G. R. No. 37027 [58 Phil., 904]). Wherefore, inasmuch as the
delegation made by the judge of the Court of First Instance in favor of
the justice of the peace of the capital of the Province of Albay is
null and void, and as all the proceedings conducted by said justice of
the peace, including the judgment rendered by him, are null and void,
this case is ordered remanded to the Court of First Instance of Albay
so that it may conduct the trial and render its decision by virtue of
its appellate jurisdiction, without costs. So ordered.
Avanceña, C. J., Villa-Real, Abad Santos, Imperial, Diaz, and Laurel, JJ., concur.