Loida M. Javier Vs. Pepito Gonzales
G.R. No. 193150
January 23, 2017
Facts:
A criminal case was filed against PEPITO GONZALES and was charged of Murder with Frustrated Murder and Multiple Attempted Murder. The case was filed before the Regional Trial Court, Branch 96, Baler, Aurora.
That on December 25, 1997, at around 11:30 in the evening, PEPITO Gonzales with intent to kill with treachery and evident premeditation throw a grenade inside the house of Leonardo Hermenigildo which resulted to the death of Rufino Concepcion. Hermenigildo sustained fatal wounds which the latter also died. As a consequence of the explosives, three more persons, Julius Toledo, Ariel Cabusal and Jesus Macatiag sustained not necessary mortal wounds.
Accused filed a Motion for bail. An opposition to the Motion for Bail was filed by Carmen Macatiag, sister of the victim Rufino Concepcion. Gonzales filed a comment on the said Motion and a reply was likewise filed. Gonzales granted to post bail and a Motion for Reconsideration on the grant of bail was filed by Macatiag and was denied. Macatiag filed again an Urgent Motion for transfer venue. Motion to Suspend hearing was filed by Macatiag pending the resolution of the Urgent Motion to transfer venue. The Motion to transfer venue was granted and the case was re assigned to RTC, Palayunan City.
Trial on the merits proceeded and the Court admitted the prosecution's evidences. The accused filed a Motion for Leave of Court for Demurrer to Evidence and the Demurrer was attached to the Motion and subsequently was denied.
The promulgation of decision was set on December 15,2005 and notice was received by the sister of the accused Gonzales but refused to sign the Return.
On the day of promulgation, the accused failed to appear but his counsel filed a Withdrawal as counsel with the conformity of the accused. The promulgation was reset to December 22, 2005. The decision was promulgated in absentia when the accused again failed to appear and counsel de officio was appointed to assist him. The accused was convicted of the charges against him and was sentenced to a death penalty. Issuance for the arrest was ordered for his non appearance and forfeiture of his bail bond was ordered. The decision was entered in the docket book of the Court
Judge Buted ordered the immediate transmittal of the records to the Court of Appeals for automatic review. In less than a month, the accused filed an omnibus Motion thru counsel to reconsider the promulgated decision Be reconsidered and set aside. Judge Soluren, new Judge gave due course on the Motion filed by the accused
Granting the said Motion and reinstated his bail. Gonzales was acquitted from all the charges against him.
A petition for certiorari was filed by Carmen Macatiag against Judge Soluren to the Court of Appeals. Court of appeals dismissed the said Petition.
ISSUES:
Whether or not the Court of Appeals erred Affirming the Decision of Judge Soluren setting aside the first decision of the Trial Court and in dismissing the petition filed by heir of the offended party.
Whether or not the first promulgation of judgment was valid and whether a special civil action is the proper remedy to question the acquittal of the private respondent.
RULING:
The Supreme Court ruled that the Petition for certiorari filed by Macatiag was with merit considering that she has sufficient interest and personality to file said Petition, under Rule 1 and 2, Rule, Rule 65 of the Rules of Court. Judge Soluren as an officer acted without or in excess its or his jurisdiction.
The promulgation of the decision rendered by Judge Buted was ruled to be valid. The accused and the offended parties were properly notified of the scheduled promulgation. Under Sec. 6, par 5, Rule 120 , Rules on criminal procedure, Judgment is for conviction and he failure of the accused to appear was without a justifiable cause shall lose the remedies available in these rules against the judgment and the Court shall order for his arrest..
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