G.R. No. 151160 - SPOUSES JOSE AND ESTER MARCHADESCH, FELIX VILLAMOR, AND REV. FR. MANUEL GOMEZ, VS. JUANITA CINCO VDA. DE YEPES.DECISION - Supreme Court E-Library

Ruling

WHEREFORE, PREMISES CONSIDERED, it is respectfully prayed that judgment be rendered by this Honorable Court in favor of the plaintiff and against the defendants: a) Declaring the herein plaintiff the true and absolute owner of the land in question; b) Declaring all documents or muniments of title in the names of herein defendants over the land in question, if any, as null and void; c) Ordering the defendants to pay to plaintiff moral damages as well as litigation expenses; and d) Ordering such other reliefs in favor of herein plaintiff that may be just and equitable under the circumstances. [2] The case, docketed as Civil Case No. 6822 was raffled to Branch 6 of the court presided by Judge Godofredo P. Quimsing, a resident of Tacloban City. In their Answer to the complaint, the petitioners interposed the following affirmative defenses: Defendants, thru counsel, by way of reference, hereby incorporate the foregoing allegations as part hereof and respectfully aver: That defendant Fr. Manuel V. Gomez is a buyer for value and in good faith of the property in litigation from Felix Villamor and who later sold a portion of the same to defendants, Spouses Jose and Ester Marchadesch; That the acquisition by plaintiff of the land in litigation is derived from an illegal source and, therefore, has no basis in law and equity; That the herein controversy between the party litigants was not submitted to the Lupon Tagapayapa of Barangay Canramos, Tanauan, Leyte, for arbitration/conciliation as mandated by P.D. No. 1508 and, therefore, said case is referrable to the Lupon Tagapayapa concerned. [3] The petitioners also interposed counterclaims against the respondent. On October 6, 1986, the case was submitted for decision. However, as an aftermath of the political upheaval in 1986, Judge Quimsing submitted his resignation which was accepted by the President of the Philippines on January 31, 1987. [4] Judge Getulio M. Francisco was appointed to replace Judge Quimsing. On February 16, 1987, Judge Francisco issued a Memorandum [5] to all the stenographic reporters of the court directing them to transcribe the stenographic notes taken during the trial of the number of cases submitted for decision during the incumbency of former Judge Godofredo P. Quimsing. In the meantime, Judge Quimsing was appointed Presiding Judge of Branch 33 of the RTC of Calbiga, Samar, on July 20, 1990. [6] Sometime in July 1991, the records of undecided cases pending in Branch 6 of the RTC of Tacloban City were sent to Judge Quimsing for decision. He was able to decide six or so cases, leaving about seven civil cases still to be decided. Per Administrative Order No. 105-91 of the Court Administrator, dated October 2, 1991, Judge Quimsing was detailed as Assisting Judge in the RTC of General Santos City. In a letter to the Deputy Court Administrator dated November 12, 1991, he requested that he be allowed to stay in Tacloban City to enable him to decide the seven (7) of the cases heard by him