This case has been cited 4 times or more.
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2009-08-14 |
BRION, J. |
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| In the absence of any authority to take cognizance of a case and to render a decision, any resulting decision is necessarily null and void. In turn, a null decision, by its very nature, cannot become final and can be impugned at any time.[27] In the context of the Ombudsman operations, a void decision cannot trigger the application of Section 7, Rule III of the Ombudsman Rules. | |||||
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2005-01-17 |
CALLEJO, SR., J. |
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| Thus, any judgment of the court which has no jurisdiction over the person of the defendant is null and void.[33] | |||||
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2000-11-29 |
PARDO, J. |
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| We find that the trial court committed a grave abuse of discretion amounting to lack or excess of jurisdiction in rendering its decision proclaiming respondent Serapio the duly elected mayor of Valenzuela, Metro Manila, on the basis of its perception of the voice of the people of Valenzuela, even without a majority or plurality votes cast in his favor. In fact, without a single vote in his favor as the trial court discarded all the votes. Thus, the decision is not supported by the highest number of valid votes cast in his favor. This violated the right to due process of law of petitioner who was not heard on the issue of failure of election, an issue that was not raised by the protestant. "A decision is void for lack of due process if, as a result, a party is deprived of the opportunity of being heard."[48] The trial court can not decide the election protest case outside the issues raised. If it does, as in this case, the trial court is ousted of its jurisdiction. Likewise, it is a basic principle that a decision with absolutely nothing to support it is void.[49] "A void decision may be assailed or impugned at any time either directly or collaterally, by means of a petition filed in the same case or by means of a separate action, or by resisting such decision in any action or proceeding where it is invoked."[50] Here, the trial court indulged in speculations on its view of the voice of the people, and decided the case disregarding the evidence, but on its own intuition, ipse dixit.[51] How was this voice communicated to the trial court? Certainly not by competent evidence adduced before the court as it should be, but by extra-sensory perception. This is invalid in law. Contrary to its own finding that petitioner obtained 83,600 valid votes against 66,602 valid votes for the respondent as second placer, or a plurality of 17,007 votes, the trial court declared the second placer as the winner. This is a blatant abuse of judicial discretion by any account. It is a raw exercise of judicial function in an arbitrary or despotic manner, amounting to evasion of the positive duty to act in accord with law.[52] | |||||
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2000-11-29 |
PARDO, J. |
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| Hence, we agree with the Court of Appeals that absent an opportunity to be heard, the decision rendered by the trial court is void for lack of due process. The doctrine consistently adhered to by this Court is that a denial of due process suffices to cast on the official act taken by whatever branch of the government the impress of nullity.[11] A decision rendered without due process is void ab initio and may be attacked directly or collaterally.[12] "A decision is void for lack of due process if, as a result, a party is deprived of the opportunity of being heard."[13] "A void decision may be assailed or impugned at any time either directly or collaterally, by means of a separate action, or by resisting such decision in any action or proceeding where it is invoked."[14] | |||||