Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1933 > December 1933 Decisions > G.R. No. 40492 December 8, 1933 - TIMOTEO EVANGELISTA v. CFI OF BULACAN, ET AL.

059 Phil 45:




PHILIPPINE SUPREME COURT DECISIONS

FIRST DIVISION

[G.R. No. 40492. December 8, 1933.]

TIMOTEO EVANGELISTA, Petitioner, v. THE COURT OF FIRST INSTANCE OF BULACAN and DY BUNCIO, Respondents.

The petitioner in his own behalf.

Acting Provincial Fiscal De Jesus for respondent Court of First Instance of Bulacan.

Dy Buncio in his own behalf.

SYLLABUS


1. INTERNATIONAL TREATIES; EXTRADITION; WRIT OF PROHIBITION. — International treaties must be interpreted and applied with uberrima fides. The status of this petitioner for a writ of prohibition is governed by Article III of the treaty between the United States and Great Britain concluded July 12, 1889, and proclaimed March 25, 1890 (U. S. Sta., vol. 26, p. 1508) which reads as follows: "No person surrendered by or to either of the High Contracting Parties shall be triable or be tried for any crime or offense, committed prior to his extradition, other than the offense for which he was surrendered, until he shall have had an opportunity of returning to the country from which he was surrendered."cralaw virtua1aw library

2. ID.; ID.; ID. — The petitioner having been brought from Hongkong against his will under an extradition proceeding before final conviction here, could be tried only for the offense or offenses described in the application for extradition and could not be tried for any other offense committed prior to his extradition.


D E C I S I O N


BUTTE, J.:


This is an original petition for writ of prohibition to prevent the respondent from exercising or attempting to exercise any jurisdiction in criminal case No. 6208 in the Court of First Instance of Bulacan upon an information filed on August 15, 1933, by the provincial fiscal and charging the petitioner with the crime of theft.

On November 6, 1928, the Court of First Instance of Manila rendered a decision in two cases, Nos. 35916 and 35917, finding the defendant guilty of the crimes of robbery. But it appears from the record that he did not appear for the reading of the sentence and could not be found. It developed that he was a fugitive from justice, and in the month of June, 1933, he was extradited from Hongkong to appear for further proceedings in the said criminal cases Nos. 35916 and 35917. He was thereupon sentenced in said cases and confined in Bilibid. In July, 1933, he appealed to this court from the final judgment in said cases. While his appeals were pending here the provincial fiscal of Bulacan, on August 15, 1933, filed an information against the petitioner, criminal case No. 6208, in the Court of First Instance of Bulacan, in which it is charged in substance that the petitioner on or about December 3, 1927, in the municipality of Baliuag, Province of Bulacan, stole the sum of P733 from one Dy Buncio.

When the case was called for trial on September 4, 1933, the accused (petitioner here) promptly challenged the jurisdiction of the court to proceed with the case on the ground that having been brought from Hongkong against his will under an extradition proceeding, he could be tried only for the offense or offenses described in the application for extradition and could not be tried for any other offense committed prior to his extradition. The Court of First Instance of Bulacan overruled the objection to the jurisdiction of the court and set the case for trial on the 18th of September, 1933. On the 15th of September, 1933, the accused filed in this court the petition for writ of prohibition which is now before us.

On October 11, 1933, this court rendered its decision affirming the two convictions of the defendant in cases 35916 and 35917 for robbery. 1 On November 1, 1933, a motion for reconsideration was denied and said decision became final.

The petitioner is entitled to the writ as prayed for. As the petitioner became a fugitive from justice before sentence was pronounced upon him in said criminal cases Nos. 35916 and 35917, and as the pronouncement of sentence is an essential in the completion of the trial, his extradition from Hongkong in June, 1933, which was executed under the treaty between the United States and Great Britain concluded July 12, 1889, proclaimed March 25, 1890 (U. S. Stat., vol. 26, page 1508), his status is governed by Article III of the said treaty which reads as follows:jgc:chanrobles.com.ph

"No person surrendered by or to either of the High Contracting Parties shall be triable or be tried for any crime or offense, committed prior to his extradition, other than the offense for which he was surrendered, until he shall have had an opportunity of returning to the country from which he was surrendered."cralaw virtua1aw library

This article is so plain and the facts of the present case fall so clearly within its provisions that it is unnecessary to review the jurisprudence which has been to a large extent a simple paraphrase of Article III aforesaid. International treaties must be interpreted and applied with uberrima fides.

Let the writ of prohibition issue as prayed for, with costs de oficio.

Avanceña, C.J., Street, Abad Santos, and Vickers, JJ., concur.

Endnotes:



1. G.R. Nos. 39950-39952, People v. Evangelista, 58 Phil., 960.




Back to Home | Back to Main




















chanrobles.com





ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line : www.chanroblesmcleonline.com






December-1933 Jurisprudence                 

  • G.R. No. 38989 December 1, 1933 - ALEJO BASCO v. MANUEL ERNESTO GONZALEZ

    059 Phil 1

  • G.R. No. 39298 December 1, 1933 - PEOPLE OF THE PHIL. ISLANDS v. SANTIAGO RAMOS, ET AL.

    059 Phil 7

  • G.R. No. 38499 December 6, 1933 - FAUSTINA UDARBE, ET AL. v. MARCIANA JURADO, ET AL.

    059 Phil 11

  • G.R. No. 38572 December 6, 1933 - EUSEBIO RIVERO v. MARIANO RIVERO

    059 Phil 15

  • G.R. No. 37792 December 7, 1933 - QUINTIN DE BORJA v. FRANCISCO DE BORJA

    059 Phil 19

  • G.R. No. 38097 December 7, 1933 - ASIATIC PETROLEUM CO., LTD. v. ORLANES & BANAAG TRANS. CO.

    059 Phil 24

  • G.R. No. 38552 December 7, 1933 - ENRIQUE SOMES v. VICENTE SOMES, ET AL.

    059 Phil 28

  • G.R. No. 38398 December 8, 1933 - PHIL. TRUST CO., ET AL. v. L. P. MITCHELL, ET AL.

    059 Phil 30

  • G.R. No. 39864 December 8, 1933 - PEOPLE OF THE PHIL. ISLANDS v. MARCELINO VALENCIA, ET AL.

    059 Phil 42

  • G.R. No. 40492 December 8, 1933 - TIMOTEO EVANGELISTA v. CFI OF BULACAN, ET AL.

    059 Phil 45

  • G.R. No. 40494 December 8, 1933 - GREGORIO PASCUA, ET AL. v. BUENAVENTURA OCAMPO, ET AL.

    059 Phil 48

  • G.R. No. 37105 December 9, 1933 - GUI PING HUI v. ACTING INSULAR COLLECTOR OF CUSTOMS

    059 Phil 52

  • G.R. No. 38298 December 9, 1933 - PEOPLE OF THE PHIL. ISLANDS v. JESUS TOLENTINO

    059 Phil 56

  • G.R. No. 37467 December 11, 1933 - SAN CARLOS MILLING CO. v. BPI, ET AL.

    059 Phil 59

  • G.R. No. 38850 December 11, 1933 - ANTONIO ESTIVA, ET AL. v. GONZALO CAWIL, ET AL.

    059 Phil 67

  • G.R. No. 39034 December 11, 1933 - INT’L. BANKING CORP. v. GEORGE A. YARED

    059 Phil 72

  • G.R. No. 39456 December 11, 1933 - PASTOR V. VALERA v. RURAL TRANSIT CO.

    059 Phil 93

  • G.R. No. 39470 December 11, 1933 - NORTH LUZON TRANS. CO., INC., ET AL. v. PASTOR V. VALERA

    059 Phil 96

  • G.R. No. 39008 December 12, 1933 - NIEVES E. SAÑGA v. SEGUNDO ZABALLERO, ET AL.

    059 Phil 101

  • G.R. No. 37185 December 13, 1933 - PEOPLE OF THE PHIL. ISLANDS v. CHUA BUAN, ET AL.

    059 Phil 106

  • G.R. No. 38332 December 14, 1933 - PEOPLE OF THE PHIL. ISLANDS v. VALERIANO DUCOSIN

    059 Phil 109

  • G.R. No. 38709 December 14, 1933 - SY TIANGCO v. HIPOLITO PABLO, ET AL.

    059 Phil 119

  • In the matter of the complaint against Attorney Gregorio O. Santos. December 16, 1933 - INES VENTURA v. GREGORIO O. SANTOS

    059 Phil 123

  • G.R. No. 38256 December 16, 1933 - PHIL. COOP. LIVESTOCK ASSO. v. TOMAS EARNSHAW, ET AL.

    059 Phil 129

  • G.R. No. 38417 December 16, 1933 - PEOPLE OF THE PHIL. ISLANDS v. MARCIANO MEDINA

    059 Phil 134

  • G.R. No. 39003 December 16, 1933 - LAUREANO ELEGADO, ET AL. v. NICANOR TAVORA

    059 Phil 140

  • G.R. No. 39403 December 16, 1933 - LEE SING v. INSULAR COLLECTOR OF CUSTOMS

    059 Phil 147

  • G.R. No. 38773 December 19, 1933 - PEOPLE OF THE PHIL. ISLANDS v. GINES S. ALBURQUERQUE

    059 Phil 150

  • G.R. No. 39913 December 19, 1933 - PEOPLE OF THE PHIL. ISLANDS v. RICARDO N. MELENDREZ

    059 Phil 154

  • G.R. No. 39181 December 20, 1933 - MANILA RAILROAD CO. v. M. P. TRANCO, INC.

    059 Phil 158

  • G.R. No. 39217 December 20, 1933 - MANILA RAILROAD CO. v. M. P. TRANCO, INC.

    059 Phil 160

  • G.R. No. 39275 December 20, 1933 - PEOPLE OF THE PHIL. ISLANDS v. RICARDO MENDOZA

    059 Phil 163

  • G.R. No. 40637 December 20, 1933 - M.P. TRANS. CO. v. PUBLIC SERVICE COM., ET AL.

    059 Phil 173

  • G.R. No. 40759 December 20, 1933 - LIME CORP. OF THE PHIL., ET AL. v. MANUEL V. MORAN, ET AL.

    059 Phil 175

  • G.R. No. 36890 December 21, 1933 - BPI v. PASCUAL ACUÑA, ET AL.

    059 Phil 183

  • G.R. No. 37590 December 21, 1933 - JOSE FERNANDO RODRIGO v. CONCEPCION CABIGAO, ET AL.

    059 Phil 187

  • G.R. No. 37640 December 21, 1933 - GOV’T. OF THE PHIL. ISLANDS v. EL AHORRO INSULAR

    059 Phil 199

  • G.R. No. 38010 December 21, 1933 - PATRICK HENRY FRANK, ET AL. v. G. KOSUYAMA

    059 Phil 206

  • G.R. No. 38084 December 21, 1933 - DOLORES M. VIUDA DE BARRETTO ET AL. v. LA PREVISORA FILIPINA

    059 Phil 212

  • G.R. No. 38131 December 21, 1933 - BEHN, MEYER & CO., ET AL. v. COLLECTOR OF INTERNAL REVENUE

    059 Phil 227

  • G.R. No. 38684 December 21, 1933 - CYRUS PADGETT v. BABCOCK & TEMPLETON, INC., ET AL.

    059 Phil 232

  • G.R. Nos. 38215 & 38216 December 22, 1933 - PEOPLE OF THE PHIL. ISLANDS v. FAUSTINO RIVERA

    059 Phil 236

  • G.R. No. 38375 December 22, 1933 - JOSE SY JONG CHUY v. PABLO C. REYES

    059 Phil 244

  • G.R. No. 39078 December 22, 1933 - NICASIA BATALLONES v. PUBLEO BATALLONES, ET AL.

    059 Phil 265

  • G.R. No. 39839 December 22, 1933 - PEOPLE OF THE PHIL. ISLANDS v. GABRIEL HERNANDEZ

    059 Phil 272

  • G.R. No. 40659 December 22, 1933 - PASAY TRANS. CO., INC. v. PUBLIC SERVICE COMMISSION, ET AL.

    059 Phil 278

  • G.R. No. 40889 December 22, 1933 - ISIDORO YBOLEON v. PEDRO MA. SISON, ET AL.

    059 Phil 281

  • G.R. No. 35694 December 23, 1933 - ALLISON D. GIBBS v. GOV’T. OF THE PHIL. ISLANDS

    059 Phil 293

  • G.R. No. 37090 December 23, 1933 - CRISANTA SUAREZ, ET AL. v. PRUDENCIO TIRAMBULO, ET AL.

    059 Phil 303

  • G.R. No. 37345 December 23, 1933 - ALEJANDRA REPOLLO, ET AL. v. BERNABE BALECHA

    059 Phil 308

  • G.R. No. 37452 December 23, 1933 - FERMIN SUPIA, ET AL. v. JOSE M. QUINTERO, ET AL.

    059 Phil 312

  • G.R. No. 38052 December 23, 1933 - CONCEPCION ABELLA DE DIAZ v. ERLANGER & GALINGER, INC., ET AL.

    059 Phil 326

  • G.R. No. 38434 December 23, 1933 - PEOPLE OF THE PHIL. ISLANDS v. MARCIANO D. MEDINA

    059 Phil 330

  • G.R. No. 38774 December 23, 1933 - PEOPLE OF THE PHIL. ISLANDS v. ALEKO LILIUS

    059 Phil 339

  • G.R. Nos. 39840 & 39841 December 23, 1933 - PEOPLE OF THE PHIL. ISLANDS v. GABRIEL HERNANDEZ

    059 Phil 343