G.R. No. 1305 - SEPTEMBER 1906 - PHILIPPINE JURISPRUDENCE CASE NUMBERCASE TITLE G.R. No. 1305September 24, 1906 Ramon Santos vs. E. Finley Johnson G.R. No. 2420September 24, 1906 Martin Casalla vs. Emeterio Enage, et al. G.R. No. 1771September 22, 1906 Martin Jalandoni vs. Lizarraga Hermanos G.R. No. 2772September 21, 1906 United States vs. Louis A. Unselt G.R. No. 2865September 21, 1906 United States vs. Aniceto Oruga, et al. G.R. No. 2829September 19, 1906 United States vs. Pio Castillo G.R. No. 2949September 17, 1906 United States vs. Eduardo de Ocampo G.R. No. 2433September 15, 1906 United States vs. Deogracias Buenaventura G.R. No. 2655September 11, 1906 United States vs. Modesto Angeles G.R. No. 2794September 11, 1906 United States vs. Claro Paguio G.R. No. 2815September 11, 1906 gr_ United States vs. Brigido Salvador, et al. G.R. No. 2867September 11, 1906 United States vs. Julian G.R. No. Reyes G.R. No. 3000September 11, 1906 United States vs. Angel Montes G.R. No. 3045September 8, 1906 United States vs. Tiburcio Zabala G.R. No. 3046September 8, 1906 United States vs. David Frank G.R. No. 2850September 7, 1906 United States vs. Eugenio Vergara G.R. No. 3500September 7, 1906 Macondray & Co. vs. J.M. Quintero, et al. G.R. No. 3463September 5, 1906 Juan Fajardo vs. Julio Llorente, et al. G.R. No. 2537September 1, 1906 United States vs. Serapio Sison, et al. The Lawphil Project - Arellano Law Foundation, Inc. Ramon Santos vs. E. Finley Johnson Martin Casalla vs. Emeterio Enage, et al. Martin Jalandoni vs. Lizarraga Hermanos United States vs. Louis A. Unselt United States vs. Aniceto Oruga, et al. United States vs. Pio Castillo United States vs. Eduardo de Ocampo United States vs. Deogracias Buenaventura United States vs. Modesto Angeles United States vs. Claro Paguio gr_ United States vs. Brigido Salvador, et al. United States vs. Julian G.R. No. Reyes United States vs. Angel Montes United States vs. Tiburcio Zabala United States vs. David Frank United States vs. Eugenio Vergara Macondray & Co. vs. J.M. Quintero, et al. Juan Fajardo vs. Julio Llorente, et al. United States vs. Serapio Sison, et al. The Lawphil Project - Arellano Law Foundation, Inc.

Republic of the Philippines
SUPREME COURT
Manila

EN BANC

G.R. No. 1305           September 24, 1906

RAMON SANTOS,petitioner,
vs.
E. FINLEY JOHNSON, judge of the Court of First Instances of Manila,respondent.

Haussermann, Cohn and Williams, for petitioner.
W.A. Kincaid, for respondent.

ARELLANO,C.J.:

This is petition for writ of mandamus against the defendant judge, who refused to certify a bill of exceptions in the case of Santosvs.Gonzalez.

The defendant judge in his testimony said: "That he closed the November term of the Court of First Instance of the Province of Pangasinan without fixing the date when it should be continued, on the 20th of December, 1902; that he did hear anything more about the case of Santosvs.Gonzalez until the middle of March, 1903, when, as he remembered one Mr. Knudson, who represented himself to be an employee of the office of Mr. Charles Cohn of the city of Manila, appeared in his office, in part 1 of the Court of First Instance of the city of Manila, with a sealed package addressed to Hon. A. F. Odlin, Lingayen, Province of Pangasinan; that the said Mr. Knudson stated to the undersigned that Mr. Cohn had asked him to mail the said package, stating at the same that it contained the bill of exception in the case of Santosvs.Gonzalez, but that he (Knudson) was of the opinion that the said bill of exceptions should be presented to this defendant . . .; that the defendant did not hear anything more concerning the preparation and certification of the said bill of exceptions until the 21st or 22d of April, 1903, and that at that time Mr. Cohn appeared personally before the defendant, who was then acting as judge of the Court of First Instance of the city of Manila, and asked the defendant, to certify as to the correctness of the document which he then presented and which purported to be the bill of exceptions in the case of Santosvs.Gonzalez; that the defendant, after considering the same, then and there refused to sign the alleged bill of exceptions, for the reason that he was of the opinion that he had no authority under the law to sign and certify the said bill of exceptions, because he was not then acting in the district where the case of Santosvs.Gonzalez was tried and was not at that time judge of the Court of First Instance of said province in the district in which the case was instituted and decided." Record, pp. 192 and 193.)

It appearing that the defendant judge was not at that time the judge of the province in question, we hold that he properly refused to sign and certify the bill of exceptions presented to him in a case which he had tried. The certification and signing of a bill of exceptions are jurisdictional acts which can not be executed by one who has no jurisdiction over the matter on account of his having ceased to be the judge of the court in which the case was tried by him as such judge. He has no right to exercise any jurisdiction in a court of which he has ceased to be the judge. It has been so held by this court in Enriquezvs.Watson,¹No. 1561; Ricamoravs.Trent,²No. 1534; Osmeñavs.Gorordo,³No. 1746.

We accordingly deny the petition for a writ of mandamus, with the costs to the petitioner. So ordered.

Torres, Mapa, Carson, Willard and Tracey, JJ.,concur.
Johnson, J.,disqualified.

Footnotes