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    # 52 Jandayan vs. Ruiz: Topic Case Title G.R. NO

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    Rochelle May
    The Supreme Court ruled the action of retired Judge Marquez to be invalid. [1] Judge Marquez retired on June 27, 1973 but his decision in the case of petitioner Jandayan was only promulgated on July 16, 1973 by respondent Judge Ruiz. [2] Jurisprudence holds that a retired judge's decision cannot be validly promulgated as the authority of a public officer can only be exercised during their term. [3] Therefore, the promulgation of Judge Marquez's decision after he had retired was null and void.

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    # 52 Jandayan vs. Ruiz: Topic Case Title G.R. NO

    Uploaded by

    Rochelle May
    83 views2 pages
    The Supreme Court ruled the action of retired Judge Marquez to be invalid. [1] Judge Marquez retired on June 27, 1973 but his decision in the case of petitioner Jandayan was only promulgated on July 16, 1973 by respondent Judge Ruiz. [2] Jurisprudence holds that a retired judge's decision cannot be validly promulgated as the authority of a public officer can only be exercised during their term. [3] Therefore, the promulgation of Judge Marquez's decision after he had retired was null and void.

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    #52 Jandayan v Ruiz

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    The Supreme Court ruled the action of retired Judge Marquez to be invalid. [1] Judge Marquez retired on June 27, 1973 but his decision in the case of petitioner Jandayan was only promulgated on July 16, 1973 by respondent Judge Ruiz. [2] Jurisprudence holds that a retired judge's decision cannot be validly promulgated as the authority of a public officer can only be exercised during their term. [3] Therefore, the promulgation of Judge Marquez's decision after he had retired was null and void.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    83 views2 pages

    # 52 Jandayan vs. Ruiz: Topic Case Title G.R. NO

    Uploaded by

    Rochelle May
    The Supreme Court ruled the action of retired Judge Marquez to be invalid. [1] Judge Marquez retired on June 27, 1973 but his decision in the case of petitioner Jandayan was only promulgated on July 16, 1973 by respondent Judge Ruiz. [2] Jurisprudence holds that a retired judge's decision cannot be validly promulgated as the authority of a public officer can only be exercised during their term. [3] Therefore, the promulgation of Judge Marquez's decision after he had retired was null and void.

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    TOPIC

    CASE TITLE # 52 JANDAYAN vs. RUIZ G.R. NO.


    L-37471

    PONENTE FERNANDO, C.J DATE January 28,


    1980
    DOCTRINE The authority can be exercised only during the term when the public officer is, by law, invested
    with the rights and duties of the office.

    FACTS -Convicted of serious Physical injuries through Reckless Imprudence si Jandayan.


    -Presided over by Judge Marquez.
    - Nag retire si Judge Marquez ng June 27, 1973.
    -Promulgated by Respondent Judge Ruiz on July 16, 1973. =Null and void, kasi retired na si Judge
    Marquez, wala ng legal authority para ma promulgate yung decision niya.

    Petitioner, Dulcisimo Tongco Jandayan, had to be confined in the Bohol provincial jail on July 16, 1973
    when respondent Judge Fernando S. Ruiz of the court of the First Instance of Bohol promulgated the
    sentence in the accordance with a decision of the then judge Paulino Marquez, dated June 22, 1973,
    notwithstanding the undeniable fact that such judge had retired by reason of age as far back as June
    27, 1973.

    The facts, as succinctly set forth in the comment of the Solicitor General follows: "On May 10, 1973
    petitioner was convicted of Serious Physical Injuries through Reckless Imprudence by the Municipal
    Court of Loay, Bohol and sentenced to suffer three (3) months of Arrests Mayor. On appeal, the case
    (Crim. Case No. 706) was raffled to the CFI of Bohol, Branch 1, presided over by the Honorable Paulino
    Marquez. On June 26, 1973, an order was served on petitioner that the promulgation of the decision
    would take place on July 6, 1973. On June 27, 1973, Judge Paulino Marquez retired from service. ...
    Upon motion of counsel for petitioner, the promulgation of decision was postponed from July 6 to July
    12. Finally on July 16, 1973, the decision dated June 22, 1973 as prepared and signed by Judge Marquez
    was promulgated by respondent Judge." What other conclusion, then. could such facts lead to except
    the following, as set forth in the above comment of the Solicitor General: "In the light of ... settled
    rulings, the promulgation made by respondent judge on July 16, 1973 of the decision dated June 22,
    1973, signed and prepared by Judge Marquez who retired on June 27, 1973 is submitted to be null and
    void."

    ISSUE/S W/N the action of retired Judge Marquez was valid?

    RULING/S NO.
    There are areas in the juristic sphere where the dividing line is obscure, but certainly not this one,
    except, it would seem. for respondent Judge. As so tersely put by the then Justice, later Chief Justice,
    CesarBengzon: "We have then that, legally, the decisions of Judge Mañalac were promulgated on July
    3, 1954. Wherefore, because he had left the Bench before that date, his decisions have no binding
    effect." Jurisprudence held that a decision rendered by a retired Judge cannot be validly promulgated
    and acquire a binding effect for the same has become null and void under the circumstances.

    The authority can be exercised only during the term when the public officer is, by law, invested with
    the rights and duties of the office.

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