Remedial Law, Legal and Judicial Ethics, with Practical Exercises › Legal and Judicial Ethics › Legal Ethics (CPRA) › Limited Legal Practice or Representation › Members of the Bar

iii. Retired Judges and Justices (RA 910, as amended by RA 9946)

Judgment Rendered by Judge Who Did not Hear the Case

The fact that the trial judge who rendered judgment was not the one who had the occasion to observe the demeanor of the witnesses during trial, but merely relied in the records of the case, does not render the judgment erroneous, especially when the evidence on record is sufficient to support its conclusion. (People v. Alfredo, G.R. No. 188560, 2010)

Where the judge who penned the decision had ceased to be a member of the judiciary without said decision having been promulgated, and his successor caused its promulgation to be made thereafter, such judgment is null and void. A decision penned by a judge during his incumbency cannot be validly promulgated after his retirement. When a judge retired all his authority to decide any case, i.e., to write, sign and promulgate the decision thereon also retired with him. (Nazareno v. CA, et al, G.R. No. 111610, 2002)

Authorities

  • Nazareno v. Court of Appeals, G.R. No. 111610, 29 September 2003
  • People v. Alfredo, G.R. No. 188560, 15 December 2010