PEOPLE OF THE PHILIPPINES, petitioner,

vs.
THE COURT OF APPEALS, ISIDRO S. BACULIO and JOSEFINA W. BACARRISAS, respondents.
G.R. No. L-41116 September 11, 1982

FACTS:
Isidro S. Baculio, for and on behalf of his mother, Benedicta Macabale Salcedo, filed a
verified petition for issuance of a decree of registration over Lot 1982. As a result of the
issuance of the decree of registration of Lot 1982 and entry thereof by the Land
Registration Commission as well as subsequent dealings over the aforesaid lot, the Solicitor
General and the City Fiscal of Cagayan de Oro filed a petition to declare null and void
Original Certificate of Title No. 0-257 and all transfer certificates of title issued therefrom.
Thus finding the civil and criminal cases related which arose from the issuance of a decree
of registration over lot 1982, Justice Chanco suggested that they be consolidated division
by the special division of five. To this suggestion, the parties assented then the SDF
rendered a consolidated decision acquitting respondents Baculio and Bacarrios.

ISSUE:
Whether or not the said criminal and civil cases may be consolidated to render a
single decision.

RULING:
YES, This court has consolidated cases tried separately by different courts as long as
the factual and/or legal issues involved are similar or the same. In the case at bar,
petitioners themselves admitted the community of issues in their petition. It was also the
Solicitor General who called the attention of the SDF on the pendency of the criminal case.
Thus in the case at bar, onsidering that the subject argued by the Solicitor General deals
with the authenticity and genuineness of a certain document submitted as an exhibit in The
present civil case, Mr. Justice Francisco Ma. Chanco suggested, to which the other Justices
concurred, that the criminal case and the civil case be consolidated for decision by the
present Division of Five Justices. Both the Solicitor General and Attorney A. R. Montemayor
readily agreed It was further agreed to suspend the hearing on appellee's motions for
reconsideration until such time when the Justices of the Division have studied both the civil
and criminal cases involved herein. In the light of the presumption that official duty has
been regularly performed, it is fair to assume that a copy of the said resolution was sent to
the Solicitor General. Thus, the Solicitor General cannot now claim that they "merely agreed
to the suggestion for the consolidation of the two cases under one division of respondent
Court, but never to the rendition of a single decision on the two cases by said division.