Malcolm j dissenting chanrob1es virtual 1aw library

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MALCOLM, J. , dissenting: chanrob1es virtual 1aw library FACTS. Four dates are to be remembered. The trial of the election contest terminated on October 5, 1916. The decision was signed by Alberto Barretto on Sunday, January 14, 1917. Barretto took the oath of office as Secretary of Finance on Monday, January 15, 1917. The decision was received by the clerk of the Court of First Instance of Rizal and filed by him on January 17, 1917. JUDGMENTS. A judgment is what is considered and rendered by the court. The entry is merely a memorial of what the judgment consists. A judgment is the judicial act of the court. The entry is the ministerial act of the clerk. The judgment rendered is the judgment entered. The record of a judgment should not be confused with the judgment itself. The terms "rendition" and "entry" are used in different senses. The distinction is that a judgment is rendered when handed down by the court, and entered when actually entered in the Judgment Book. A judgment derives its force from its rendition by the judge. When so pronounced the judicial act is complete. A judgment is operative from the date of its rendition. The record is merely proof of the judgment. The validity of the judgment properly rendered is not affected by the delay of the
clerk in entering it in the court record. Recording is not essential as between the parties. So it has been held that it is not fatal to a judgment that it is not entered by the clerk until after the expiration of the term of office of the judge who rendered it. (Ex parte Morgan [1885], 144 U. s. 174; Crim v. Kessing [1891], 89 Cal., 478; In re Cool [1888], 42 Colo., 130; State v. Henderson [1901], 164 Mo., 347; 15 R.C L., pages 571 et seq.) Judgments can be rendered in different ways. One method is by the judge signing. This is the Philippine practice. Signing is then rendition. The judge is permitted to render his judgment by signing even after he has left the province in which the session of court was held. This is authorized by Act. No. 575, as superseded by Act No. 867, section 13, reading as follows: "Whenever a judge of a Court of First Instance or a justice of the Supreme Court shall hold a session, special or regular, of the Court of First Instance of any province, and shall thereafter leave entered judgment in all the cases which were heard at such session, it shall be lawful for him, if the case was heard and duly argued or an opportunity given for argument to the parties or their counsel in the proper province, to prepare his judgment after he has left the province and to send the same back properly signed to the clerk of the court, to be entered in the court as of the day when the same was received by the clerk, in the same manner as if the judge had been present in court to direct the entry of the judgment: Provided, however, That no judgment shall be valid unless the same was signed by the judge while within the jurisdiction of the Philippine Islands. Whenever a judge shall prepare and sign his judgment beyond the jurisdiction of the court of which it is to be a judgment, he shall inclose the same in an envelope and direct

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