Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
_______________
* SECOND DIVISION.
http://central.com.ph/sfsreader/session/0000015d1868be0cf6b3e583003600fb002c009e/p/APP503/?username=Guest Page 1 of 24
SUPREME COURT REPORTS ANNOTATED VOLUME 516 7/6/17, 10:43 PM
304
http://central.com.ph/sfsreader/session/0000015d1868be0cf6b3e583003600fb002c009e/p/APP503/?username=Guest Page 2 of 24
SUPREME COURT REPORTS ANNOTATED VOLUME 516 7/6/17, 10:43 PM
305
Pedrosa and had participated in the proceedings after the case was
reopened by Judge Maceda, the same does not amount to a waiver
of Cabarless objection to the April 1, 2003 Order. To be effective, a
waiver must be certain and unequivocal. Here, Cabarles filed the
present petition seeking for a writ of certiorari against Judge
Maceda before Pedrosa was cross-examined. Also, when asked to
comment on the prosecutions formal offer of evidence taken after
the case was reopened, Cabarles objected to its admission on the
ground that the same was inadmissible having been received by the
court after Judge Maceda issued the questioned order.
Same; Same; Same; Witnesses; Although the matter of reopening
a case for reception of further evidence is largely a matter of
discretion on the part of the trial court judge, this judicial action
must not, however, be done whimsically, capriciously and/or
unreasonably; The presence of prosecution witnesses in court is the
responsibility of the public prosecutor and it is incumbent upon him
to take the initiative of ensuring the attendance of his witnesses at
the trial. Although the matter of reopening a case for reception of
further evidence is largely a matter of discretion on the part of the
trial court judge, this judicial action must not, however, be done
whimsically, capriciously and/or unreasonably. In this particular
case, the prosecution was given ample opportunity to present all its
witnesses but it failed to do so. The failure of the prosecution to
take full advantage of the opportunities given does not change the
fact that it was accorded such opportunities. Contrary to the
http://central.com.ph/sfsreader/session/0000015d1868be0cf6b3e583003600fb002c009e/p/APP503/?username=Guest Page 3 of 24
SUPREME COURT REPORTS ANNOTATED VOLUME 516 7/6/17, 10:43 PM
306
meaningful than in criminal cases where not only the fortune, but
the life and liberty of the accused as well, are at stake; The right to a
speedy disposition of a case, like the right to speedy trial, is deemed
violated only when the proceeding is attended by vexatious,
capricious, and oppressive delays; or when unjustified
postponements of the trial are asked for and secured, or when
without cause or justifiable motive, a long period of time is allowed
to elapse without the party having his case tried.On Cabarless
right to a speedy disposition of his case, we agree that under the
Constitution, all persons shall have the right to a speedy disposition
of their cases. Nowhere is this guaranty more significant and
meaningful than in criminal cases where not only the fortune, but
the life and liberty of the accused as well, are at stake. Although a
discussion on the right to speedy disposition of the case is mooted
by our nullification of Judge Macedas April 1, 2003 Order as having
been issued with grave abuse of discretion, we are constrained to
reiterate that the concept of speedy disposition is relative or
flexible. A mere mathematical reckoning of the time involved is not
sufficient. Particular regard must be taken of the facts and
http://central.com.ph/sfsreader/session/0000015d1868be0cf6b3e583003600fb002c009e/p/APP503/?username=Guest Page 4 of 24
SUPREME COURT REPORTS ANNOTATED VOLUME 516 7/6/17, 10:43 PM
307
http://central.com.ph/sfsreader/session/0000015d1868be0cf6b3e583003600fb002c009e/p/APP503/?username=Guest Page 5 of 24
SUPREME COURT REPORTS ANNOTATED VOLUME 516 7/6/17, 10:43 PM
308
http://central.com.ph/sfsreader/session/0000015d1868be0cf6b3e583003600fb002c009e/p/APP503/?username=Guest Page 6 of 24
SUPREME COURT REPORTS ANNOTATED VOLUME 516 7/6/17, 10:43 PM
QUISUMBING, J.:
_______________
309
http://central.com.ph/sfsreader/session/0000015d1868be0cf6b3e583003600fb002c009e/p/APP503/?username=Guest Page 7 of 24
SUPREME COURT REPORTS ANNOTATED VOLUME 516 7/6/17, 10:43 PM
That on or about the 25th day of April, 1999, in the City of Las
Pias, Philippines and within the jurisdiction of this Honorable
Court, the above-named accused, without justifiable motive with
intent to kill and by means of treachery and evident premeditation,
did then and there willfully, unlawfully and feloniously attack,
assault, and stab with a deadly weapon (fan knife) one Antonio
Callosa, which directly caused his death.
2
CONTRARY TO LAW.
_______________
2 Id., at p. 13.
3 Records, p. 37.
http://central.com.ph/sfsreader/session/0000015d1868be0cf6b3e583003600fb002c009e/p/APP503/?username=Guest Page 8 of 24
SUPREME COURT REPORTS ANNOTATED VOLUME 516 7/6/17, 10:43 PM
310
_______________
4 Id., at p. 66.
5 Id., at p. 41.
6 Id., at p. 47.
7 Supra note 5.
8 Id., at p. 55.
http://central.com.ph/sfsreader/session/0000015d1868be0cf6b3e583003600fb002c009e/p/APP503/?username=Guest Page 9 of 24
SUPREME COURT REPORTS ANNOTATED VOLUME 516 7/6/17, 10:43 PM
9 Id., at p. 72.
10 Id., at p. 52.
11 Id., at p. 59.
12 Supra note 10.
13 Id., at p. 70.
311
http://central.com.ph/sfsreader/session/0000015d1868be0cf6b3e583003600fb002c009e/p/APP503/?username=Guest Page 10 of 24
SUPREME COURT REPORTS ANNOTATED VOLUME 516 7/6/17, 10:43 PM
_______________
14 Id., at p. 68.
15 Id., at p. 74.
16 Id., at p. 91.
312
http://central.com.ph/sfsreader/session/0000015d1868be0cf6b3e583003600fb002c009e/p/APP503/?username=Guest Page 11 of 24
SUPREME COURT REPORTS ANNOTATED VOLUME 516 7/6/17, 10:43 PM
_______________
17 Rollo, p. 15.
18 Records, pp. 133-134.
19 Id., at p. 136.
313
http://central.com.ph/sfsreader/session/0000015d1868be0cf6b3e583003600fb002c009e/p/APP503/?username=Guest Page 12 of 24
SUPREME COURT REPORTS ANNOTATED VOLUME 516 7/6/17, 10:43 PM
22
CASE WAS VIOLATED.
_______________
20 Id., at p. 172.
21 Id., at p. 223.
22 Rollo, p. 85.
314
been
23
made but before its finality, as provided in Section
24, Rule 119 of the Revised Rules of Criminal Procedure.
Cabarles insists that the reopening of a case under Section
24 presupposes that judgment has already been
promulgated, which is not the case here. According to
petitioner, the cases cited by the People are not at all
applicable in this case since they were tried and decided
before the introduction of Section 24 under the Revised
Rules of Criminal Procedure.
For Judge Maceda, the Office of the Solicitor General
(OSG) contends that Section 24 is a new provision which
merely formalized the long accepted practice of judges of
reopening a case to avoid a miscarriage of justice. This
being the case, jurisprudence providing that a judge has
the discretion to reopen a case even before promulgation of
http://central.com.ph/sfsreader/session/0000015d1868be0cf6b3e583003600fb002c009e/p/APP503/?username=Guest Page 13 of 24
SUPREME COURT REPORTS ANNOTATED VOLUME 516 7/6/17, 10:43 PM
_______________
315
http://central.com.ph/sfsreader/session/0000015d1868be0cf6b3e583003600fb002c009e/p/APP503/?username=Guest Page 14 of 24
SUPREME COURT REPORTS ANNOTATED VOLUME 516 7/6/17, 10:43 PM
_______________
316
http://central.com.ph/sfsreader/session/0000015d1868be0cf6b3e583003600fb002c009e/p/APP503/?username=Guest Page 15 of 24
SUPREME COURT REPORTS ANNOTATED VOLUME 516 7/6/17, 10:43 PM
_______________
30 See Lam v. Chua, G.R. No. 131286, March 18, 2004, 426 SCRA 29,
40.
31 Larranaga v. Court of Appeals, G.R. No. 130644, March 13, 1998,
287 SCRA 581, 591.
317
http://central.com.ph/sfsreader/session/0000015d1868be0cf6b3e583003600fb002c009e/p/APP503/?username=Guest Page 16 of 24
SUPREME COURT REPORTS ANNOTATED VOLUME 516 7/6/17, 10:43 PM
_______________
(a) Any period of delay resulting from other proceedings concerning the
accused, including but not limited to the following:
(c) Any period of delay resulting from the mental incompetence or physical
inability of the accused to stand trial.
318
http://central.com.ph/sfsreader/session/0000015d1868be0cf6b3e583003600fb002c009e/p/APP503/?username=Guest Page 17 of 24
SUPREME COURT REPORTS ANNOTATED VOLUME 516 7/6/17, 10:43 PM
_______________
319
http://central.com.ph/sfsreader/session/0000015d1868be0cf6b3e583003600fb002c009e/p/APP503/?username=Guest Page 18 of 24
SUPREME COURT REPORTS ANNOTATED VOLUME 516 7/6/17, 10:43 PM
_______________
34 People v. Monje, G.R. No. 146689, September 27, 2002, 390 SCRA
160, 174.
35 See Information Technology Foundation of the Philippines v.
Commission on Elections, G.R. No. 159139, January 13, 2004, 419 SCRA
141, 148.
36 Clave v. Sandiganbayan, et al., G.R. No. 102502 and Cruz, Jr. v.
Sandiganbayan, et al., G.R. No. 103143, June 19, 2001, p. 5 (Unsigned
Resolution).
http://central.com.ph/sfsreader/session/0000015d1868be0cf6b3e583003600fb002c009e/p/APP503/?username=Guest Page 19 of 24
SUPREME COURT REPORTS ANNOTATED VOLUME 516 7/6/17, 10:43 PM
37 Dela Pea v. Sandiganbayan, G.R. No. 144542, June 29, 2001, 360
SCRA 478, 485.
320
http://central.com.ph/sfsreader/session/0000015d1868be0cf6b3e583003600fb002c009e/p/APP503/?username=Guest Page 20 of 24
SUPREME COURT REPORTS ANNOTATED VOLUME 516 7/6/17, 10:43 PM
_______________
321
A proposal has been expressed for the remand of this case to the
trial court for further proceedings, apparently to enable the
prosecution to prove again what it failed to prove in the first
instance. We cannot agree because it will set a dangerous
precedent. Aside from its being unprocedural, it would open the
floodgates to endless litigations because whenever an accused is on
the brink of acquittal after trial, and realizing its inadequacy, the
prosecution would insist to be allowed to augment its evidence
which should have been presented much earlier. This is a criminal
prosecution, and to order the remand of this case to the court a quo
http://central.com.ph/sfsreader/session/0000015d1868be0cf6b3e583003600fb002c009e/p/APP503/?username=Guest Page 21 of 24
SUPREME COURT REPORTS ANNOTATED VOLUME 516 7/6/17, 10:43 PM
_______________
322
the vital gaps in its evidence, while prejudicial to the State and the
private offended party, should not be treated by this Court with
indulgence, to the extent of affording the prosecution a fresh
opportunity to refurbish its evidence.
In fine, we are not unmindful of the gravity of the crime charged;
but justice must be dispensed with an even hand. Regardless of how
much we want to punish the perpetrators of this ghastly crime and
give justice to the victim and her family, the protection provided by
the Bill of Rights is bestowed upon all individuals, without
exception, regardless of race, color, creed, gender or political
persuasionwhether privileged or less privilegedto be invoked
without fear or favor. Hence, the accused deserves no less than an
acquittal; ergo, he is not called upon to disprove what the
43
prosecution has not proved.
http://central.com.ph/sfsreader/session/0000015d1868be0cf6b3e583003600fb002c009e/p/APP503/?username=Guest Page 22 of 24
SUPREME COURT REPORTS ANNOTATED VOLUME 516 7/6/17, 10:43 PM
SO ORDERED.
_______________
323
o0o
http://central.com.ph/sfsreader/session/0000015d1868be0cf6b3e583003600fb002c009e/p/APP503/?username=Guest Page 23 of 24
SUPREME COURT REPORTS ANNOTATED VOLUME 516 7/6/17, 10:43 PM
http://central.com.ph/sfsreader/session/0000015d1868be0cf6b3e583003600fb002c009e/p/APP503/?username=Guest Page 24 of 24