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Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
March-2001 Jurisprudence                 

  • A.M. No. MTJ-00-1279 March 1, 2001 - ALICIA GONZALES-DECANO v. ORLANDO ANA F. SIAPNO

  • A.M. No. MTJ-00-1282 March 1, 2001 - SOFRONIO DAYOT v. RODOLFO B. GARCIA

  • G.R. No. 112092 March 1, 2001 - PEOPLE OF THE PHIL. v. ROBERT NUÑEZ

  • G.R. No. 123069 March 1, 2001 - PEOPLE OF THE PHIL. v. PEDRO SASPA, ET AL.

  • G.R. No. 126019 March 1, 2001 - PEOPLE OF THE PHIL. v. MARIO CALDONA

  • G.R. No. 131637 March 1, 2001 - PEOPLE OF THE PHIL. v. RODELIO PERALTA

  • G.R. No. 133888 March 1, 2001 - PEOPLE OF THE PHIL. v. ALFREDO NARDO

  • G.R. No. 134330 March 1, 2001 - ENRIQUE M. BELO, ET AL. v. PHIL. NATIONAL BANK, ET AL.

  • G.R. Nos. 135667-70 March 1, 2001 - PEOPLE OF THE PHIL. v. JESSIE VENTURA COLLADO

  • G.R. No. 138666 March 1, 2001 - ISABELO LORENZANA v. PEOPLE OF THE PHIL.

  • G.R. No. 140511 March 1, 2001 - PEOPLE OF THE PHIL. v. BALTAZAR AMION

  • G.R. No. 142313 March 1, 2001 - MANUEL CHU, SR., ET AL. v. BENELDA ESTATE DEV’T. CORP.

  • G.R. No. 142527 March 1, 2001 - ARSENIO ALVAREZ v. COMELEC, ET AL.

  • G.R. No. 144678 March 1, 2001 - JAVIER E. ZACATE v. COMELEC, ET AL.

  • G.R. Nos. 146710-15 & 146738 March 2, 2001 - JOSEPH E. ESTRADA v. ANIANO DESIERTO, ET AL.

  • G.R. No. 113236 March 5, 2001 - FIRESTONE TIRE & RUBBER COMPANY OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 113265 March 5, 2001 - PEOPLE OF THE PHIL. v. MANUEL PEREZ

  • G.R. No. 118680 March 5, 2001 - MARIA ELENA RODRIGUEZ PEDROSA v. COURT OF APPEALS, ET AL.

  • G.R. No. 123788 March 5, 2001 - DOMINADOR DE GUZMAN v. COURT OF APPEALS, ET AL.

  • G.R. No. 124686 March 5, 2001 - PEOPLE OF THE PHIL. v. ROQUE ELLADO

  • G.R. No. 127158 March 5, 2001 - PEOPLE OF THE PHIL. v. JULIO HERIDA, ET AL.

  • G.R. No. 132353 March 5, 2001 - PEOPLE OF THE PHIL. v. ALFREDO IBO

  • G.R. No. 126557 March 6, 2001 - RAMON ALBERT v. CELSO D. GANGAN

  • G.R. No. 138646 March 6, 2001 - PEOPLE OF THE PHIL. v. JOMER CABANSAY

  • G.R. No. 139518 March 6, 2001 - EVANGELINE L. PUZON v. STA. LUCIA REALTY AND DEVELOPMENT

  • G.R. Nos. 140249 & 140363 March 6, 2001 - DANILO S. YAP v. COURT OF APPEALS, ET AL.

  • G.R. No. 140884 March 6, 2001 - GELACIO P. GEMENTIZA v. COMELEC, ET AL.

  • G.R. No. 143823 March 6, 2001 - JENNIFER ABRAHAM v. NLRC, ET AL.

  • G.R. No. 126168 March 7, 2001 - PEOPLE OF THE PHIL. v. ANTONIO SAMUDIO

  • G.R. No. 129594 March 7, 2001 - PEOPLE OF THE PHIL. v. JUNNIFER LAURENTE

  • G.R. No. 135945 March 7, 2001 - UNITED RESIDENTS OF DOMINICAN HILL v. COMM. ON THE SETTLEMENT OF LAND PROBLEMS

  • G.R. No. 136173 March 7, 2001 - PEOPLE OF THE PHIL. v. ERNESTO ICALLA

  • G.R. Nos. 137481-83 & 138455 March 7, 2001 - PEOPLE OF THE PHIL. v. CONRADO SALADINO

  • G.R. Nos. 139962-66 March 7, 2001 - PEOPLE OF THE PHIL. v. EUGENIO MANGOMPIT

  • A.M. No. MTJ-00-1297 March 7, 2001 - JOSEFINA BANGCO v. RODOLFO S. GATDULA

  • A.M. No. MTJ-00-1329 March 8, 2001 - HERMINIA BORJA-MANZANO v. ROQUE R SANCHEZ

  • G.R. No. 122611 March 8, 2001 - NAPOLEON H. GONZALES v. COURT OF APPEALS, ET AL.

  • G.R. No. 125901 March 8, 2001 - EDGARDO A. TIJING, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 130378 March 8, 2001 - PEOPLE OF THE PHIL. v. ARNEL MATARO, ET AL.

  • G.R. No. 134279 March 8, 2001 - PEOPLE OF THE PHIL. v. RICKY ROGER AUSTRIA

  • G.R. Nos. 135234-38 March 8, 2001 - PEOPLE OF THE PHIL. v. ALEJANDRO GUNTANG

  • G.R. No. 137649 March 8, 2001 - PEOPLE OF THE PHIL. v. RODOLFO VILLADARES

  • G.R. No. 138137 March 8, 2001 - PERLA S. ZULUETA v. ASIA BREWERY

  • G.R. No. 138774 March 8, 2001 - REGINA FRANCISCO, ET AL v. AIDA FRANCISCO-ALFONSO

  • G.R. No. 140479 March 8, 2001 - ROSENCOR DEVELOPMENT CORPORATION, ET AL. v. PATERNO INQUING, ET AL.

  • G.R. No. 140713 March 8, 2001 - ROSA YAP PARAS, ET AL. v. ISMAEL O. BALDADO

  • G.R. No. 112115 March 9, 2001 - REPUBLIC OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 140619-24 March 9, 2001 - BENEDICTO E. KUIZON, ET AL. v. ANIANO A. DESIERTO

  • G.R. No. 126099 March 12, 2001 - ROBERTO MITO v. COURT OF APPEALS, ET AL.

  • G.R. No. 128372 March 12, 2001 - PEOPLE OF THE PHIL. v. REMEGIO DELA PEÑA

  • G.R. Nos. 130634-35 March 12, 2001 - PEOPLE OF THE PHIL. v. MANOLITO OYANIB

  • G.R. No. 131889 March 12, 2001 - VIRGINIA O. GOCHAN, ET AL. v. RICHARD G. YOUNG, ET AL.

  • G.R. No. 136738 March 12, 2001 - PEOPLE OF THE PHIL. v. EFREN VALEZ

  • G.R. No. 137306 March 12, 2001 - VIRGINIA AVISADO, ET AL. v. AMOR RUMBAUA, ET AL.

  • G.R. Nos. 140011-16 March 12, 2001 - PEOPLE OF THE PHIL. v. EUSTAQUIO MORATA

  • A.M. No. P-01-1464 March 13, 2001 - SALVADOR O. BOOC v. MALAYO B. BANTUAS

  • G.R. No. 103073 March 13, 2001 - REPUBLIC OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 131530 March 13, 2001 - Y REALTY CORP. v. SANDIGANBAYAN, ET AL.

  • G.R. No. 136594 March 13, 2001 - PEOPLE OF THE PHIL. v. JOEL CANIEZO

  • G.R. No. 139405 March 13, 2001 - PEOPLE OF THE PHIL. v. ARTURO F. PACIFICADOR

  • A.M. No. RTJ-00-1530 March 14, 2001 - EDGARDO ALDAY, ET AL. v. ESCOLASTICO U. CRUZ

  • G.R. Nos. 116001 & 123943 March 14, 2001 - PEOPLE OF THE PHIL. v. LUISITO GO

  • G.R. No. 130209 March 14, 2001 - PEOPLE OF THE PHIL. v. LARRY LAVAPIE, ET AL.

  • G.R. Nos. 130515 & 147090 March 14, 2001 - PEOPLE OF THE PHIL. v. ANSELMO BARING

  • G.R. Nos. 134451-52 March 14, 2001 - PEOPLE OF THE PHIL. v. REYNALDO FRETA

  • G.R. No. 137036 March 14, 2001 - PEOPLE OF THE PHIL. v. HERNANDO DE MESA, ET AL.

  • G.R. No. 138045 March 14, 2001 - PEOPLE OF THE PHIL. v. MARIETTA PATUNGAN, ET AL.

  • G.R. No. 139300 March 14, 2001 - AMIGO MANUFACTURING v. CLUETT PEABODY CO.

  • G.R. No. 102985 March 15, 2001 - RUBEN BRAGA CURAZA v. NLRC, ET AL.

  • G.R. No. 133480 March 15, 2001 - PEOPLE OF THE PHIL. v. FLORANTE AGUILUZ

  • G.R. Nos. 135201-02 March 15, 2001 - PEOPLE OF THE PHIL. v. FLORENCIO FRANCISCO

  • G.R. No. 141616 March 15, 2001 - CITY OF QUEZON v. LEXBER INCORPORATED

  • G.R. No. 116847 March 16, 2001 - MANUFACTURERS BUILDING v. COURT OF APPEALS, ET AL.

  • G.R. No. 128083 March 16, 2001 - PEOPLE OF THE PHIL. v. RODOLFO M. HILARIO

  • G.R. No. 128922 March 16, 2001 - ELEUTERIA B. ALIABO, ET AL. v. ROGELIO L. CARAMPATAN, ET AL.

  • G.R. No. 129070 March 16, 2001 - PEOPLE OF THE PHIL. v. NELLIE CABAIS

  • G.R. No. 131544 March 16, 2001 - EPG CONSTRUCTION CO., ET AL. v. GREGORIO R. VIGILAR

  • G.R. No. 135047 March 16, 2001 - PEOPLE OF THE PHIL. v. RICARDO CACHOLA, ET AL.

  • G.R. No. 137282 March 16, 2001 - PEOPLE OF THE PHIL. v. ALFREDO ALIPAR

  • G.R. Nos. 137753-56 March 16, 2001 - PEOPLE OF THE PHIL v. NILO ARDON

  • A.M. No. 01-1463 March 20, 2001 - EVELYN ACUÑA v. RODOLFO A. ALCANTARA

  • A.M. No. MTJ-00-1306 March 20, 2001 - ROBERT M. VISBAL v. RODOLFO C. RAMOS

  • A.M. No. P-97-1241 March 20, 2001 - DINNA CASTILLO v. ZENAIDA C. BUENCILLO

  • G.R. Nos. 105965-70 March 20, 2001 - GEORGE UY v. SANDIGANBAYAN, ET AL

  • G.R. No. 108991 March 20, 2001 - WILLIAM ALAIN MIAILHE v. COURT OF APPEALS, ET AL.

  • G.R. No. 130663 March 20, 2001 - PEOPLE OF THE PHIL v. ANGELES STA. TERESA

  • G.R. Nos. 136862-63 March 20, 2001 - PEOPLE OF THE PHIL. v. ROLANDO SANTOS

  • G.R. Nos. 139413-15 March 20, 2001 - PEOPLE OF THE PHIL. v. ENDRICO GALAS

  • G.R. No. 140356 March 20, 2001 - DOLORES FAJARDO v. COURT OF APPEALS, ET AL.

  • G.R. No. 140919 March 20, 2001 - PEOPLE OF THE PHIL. v. BUTCH BUCAO LEE

  • G.R. No. 142476 March 20, 2001 - REPUBLIC OF THE PHIL. v. SANDIGANBAYAN

  • G.R. No. 144074 March 20, 2001 - MEDINA INVESTIGATION & SECURITY CORP., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 127772 March 22, 2001 - ROBERTO P. ALMARIO v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 133815-17 March 22, 2001 - PEOPLE OF THE PHIL. v. EDGARDO LIAD, ET AL.

  • G.R. No. 134972 March 22, 2001 - ERNESTO CATUNGAL, ET AL. v. DORIS HAO

  • A.M. No. P-01-1469 March 26, 2001 - ROEL O. PARAS v. MYRNA F. LOFRANCO

  • A.M. No. RTJ-01-1624 March 26, 2001 - REQUEST FOR ASSISTANCE RELATIVE TO SPECIAL PROCEEDINGS NO. 28

  • A.M. No. 99-731-RTJ March 26, 2001 - HILARIO DE GUZMAN v. DEODORO J. SISON

  • G.R. Nos. 102407-08 March 26, 2001 - PEOPLE OF THE PHIL. v. EDMUNDO LUCERO

  • G.R. No. 121608 March 26, 2001 - FLEISCHER COMPANY v. NLRC, ET AL.

  • G.R. No. 121902 March 26, 2001 - PEOPLE OF THE PHIL. v. WALTER MELENCION

  • G.R. No. 125865 March 26, 2001 - JEFFREY LIANG v. PEOPLE OF THE PHIL.

  • G.R. No. 129916 March 26, 2001 - MAGELLAN CAPITAL MNGT. CORP., ET AL. v. ROLANDO M. ZOSA, ET AL.

  • G.R. Nos. 131638-39 March 26, 2001 - PEOPLE OF THE PHIL. v. LORETO MEDENILLA

  • G.R. No. 131653 March 26, 2001 - ROBERTO GONZALES v. NLRC, ET AL

  • G.R. No. 133475 March 26, 2001 - PEOPLE OF THE PHIL. v. ERNESTO MONTEJO

  • G.R. No. 134903 March 26, 2001 - UNICRAFT INDUSTRIES INTERNATIONAL CORP., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 136790 March 26, 2001 - PEOPLE OF THE PHIL. v. MANUEL GALVEZ

  • G.R. No. 137268 March 26, 2001 - PEOPLE OF THE PHIL. v. EUTIQUIA CARMEN, ET AL.

  • G.R. No. 137590 March 26, 2001 - FLORENCE MALCAMPO-SIN v. PHILIPP T. SIN

  • G.R. No. 137739 March 26, 2001 - ROBERTO B. TAN v. PHIL. BANKING CORP., ET AL.

  • G.R. No. 137889 March 26, 2001 - PEOPLE OF THE PHIL. v. ROMEO DELOS SANTOS

  • G.R. No. 142950 March 26, 2001 - EQUITABLE PCI BANK v. ROSITA KU

  • G.R. Nos. 147066 & 147179 March 26, 2001 - AKBAYAN - Youth, ET AL. v. COMELEC, ET AL.

  • A.M. No. 00-7-09-CA March 27, 2001 - IN RE: DEMETRIO G. DEMETRIA

  • A.M. No. P-01-1473 March 27, 2001 - GLORIA O. BENITEZ v. MEDEL P. ACOSTA

  • G.R. No. 123149 March 27, 2001 - PEOPLE OF THE PHIL. v. CORNELIO CABUG

  • G.R. No. 131588 March 27, 2001 - PEOPLE OF THE PHIL. v. GLENN DE LOS SANTOS

  • G.R. Nos. 137762-65 March 27, 2001 - PEOPLE OF THE PHIL. v. REYNALDO BARES

  • G.R. No. 137989 March 27, 2001 - PEOPLE OF THE PHIL. v. SONNY MATIONG, ET AL.

  • A.M. No. MTJ-01-1357 March 28, 2001 - MONFORT HERMANOS AGRICULTURAL DEVELOPMENT CORP. v. ROLANDO V. RAMIREZ

  • A.M. No. RTJ-00-1574 March 28, 2001 - GORGONIO S. NOVA v. SANCHO DAMES II

  • G.R. No. 100701 March 28, 2001 - PRODUCERS BANK OF THE PHIL. v. NLRC, ET AL.

  • G.R. No. 101442 March 28, 2001 - JOSE ANGELES v. COURT OF APPEALS, ET AL

  • G.R. No. 110012 March 28, 2001 - ANASTACIO VICTORIO v. COURT OF APPEALS, ET AL.

  • G.R. No. 112314 March 28, 2001 - VICENTE R. MADARANG v. SANDIGANBAYAN, ET AL.

  • G.R. No. 117964 March 28, 2001 - PLACIDO O. URBANES, JR. v. COURT OF APPEALS, ET AL.

  • G.R. No. 122216 March 28, 2001 - ALJEM’S CORPORATION v. COURT OF APPEALS, ET AL.

  • G.R. No. 126751 March 28, 2001 - SAFIC ALCAN & CIE v. IMPERIAL VEGETABLE OIL CO.

  • G.R. No. 126959 March 28, 2001 - PEOPLE OF THE PHIL. v. SERVANDO SATURNO, ET AL.

  • G.R. No. 136965 March 28, 2001 - UNIVERSITY OF THE PHIL. v. SEGUNDINA ROSARIO

  • G.R. No. 137660 March 28, 2001 - PEOPLE OF THE PHIL. v. CARLOS L. ALCANTARA

  • G.R. No. 137932 March 28, 2001 - CHIANG YIA MIN v. COURT OF APPEALS, ET AL.

  • G.R. No. 138474 March 28, 2001 - PEOPLE OF THE PHIL. v. FORTUNATO BALANO

  • G.R. Nos. 139571-72 March 28, 2001 - ROGER N. ABARDO v. SANDIGANBAYAN

  • G.R. No. 140153 March 28, 2001 - ANTONIO DOCENA, ET AL. v. RICARDO P. LAPESURA, ET AL.

  • G.R. No. 141307 March 28, 2001 - PURTO J. NAVARRO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 142007 March 28, 2001 - MANUEL C. FELIX v. ENERTECH SYSTEMS INDUSTRIES, ET AL.

  • G.R. No. 143173 March 28, 2001 - PEDRO ONG, ET AL. v. SOCORRO PAREL, ET AL.

  • G.R. No. 144169 March 28, 2001 - KHE HONG CHENG v. COURT OF APPEALS, ET AL.

  • G.R. No. 131836 March 30, 2001 - PEOPLE OF THE PHIL. v. MELITA SINCO, ET AL.

  • G.R. No. 137564 March 30, 2001 - PEOPLE OF THE PHIL. v. DOMINADOR DOMENDED

  • G.R. No. 137648 March 30, 2001 - PEOPLE OF THE PHIL. v. IRENEO PADILLA

  • G.R. No. 140311 March 30, 2001 - DENNIS T. GABIONZA v. COURT OF APPEALS, ET AL

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    G.R. No. 127772   March 22, 2001 - ROBERTO P. ALMARIO v. COURT OF APPEALS, ET AL.

     
    PHILIPPINE SUPREME COURT DECISIONS

    SECOND DIVISION

    [G.R. No. 127772. March 22, 2001.]

    ROBERTO P. ALMARIO, Petitioner, v. COURT OF APPEALS, HON. FLORENTINO A. TUASON, JR., PEOPLE OF THE PHILIPPINES AND RIZAL COMMERCIAL BANKING CORP., Respondents.

    D E C I S I O N


    QUISUMBING, J.:


    This appeal by certiorari seeks to set aside the resolutions of the Court of Appeals dated November 21, 1996 1 and of January 7, 1997, 2 in CA-G.R. No. SP-42312, which denied the petition for certiorari, prohibition and mandamus with preliminary injunction instituted by petitioner against the Hon. Florentino A. Tuason, Jr., in his capacity as Presiding Judge of Branch 139, Regional Trial Court of Makati City, the Rizal Commercial Banking Corporation (RCBC), and the People of the Philippines. 3 Involved in said petition were the orders of Judge Jaime D. Discaya and Judge Tuason dated October 25, 1995 4 and April 11, 1996, 5 respectively, issued in Criminal Cases Nos. 91-6761-62 which petitioner claimed were violative of his constitutional right against double jeopardy but which respondent appellate court upheld.cralaw : red

    The factual antecedents in these cases, as culled by the Court of Appeals, are as follows:chanrob1es virtual 1aw library

    Petitioner is one of the accused in Criminal Case No. 91-6761, for estafa thru falsification of public document, and Criminal Case No. 91-6762, for estafa, with respondent RCBC as the offended party in both cases.

    The information were filed on October 22, 1992. After petitioner’s arraignment on March 18, 1992, pre-trial was held, which was terminated on October 21, 1994. Thereafter, the cases were scheduled for continuous trial in December 1994, and in January and February 1995, but the hearings were cancelled because the Presiding Judge of the court was elevated to this Court and no trial judge was immediately appointed/detailed thereto.

    The hearing set for June 21, 1995, was postponed for lack of proof of notice to all the accused and their counsel. The hearing on July 17, 1995, upon request of private prosecutor, and without objection on the part of petitioner’s counsel, postponed to July 24, 1995. However, for lack of proof of service of notice upon petitioner’s three co-accused, the hearing set for July 24, 1995, was likewise cancelled and the cases were reset for trial on September 8 and 25, 1995.

    On September 8, 1995, private complainant failed to appear despite due notice. Hence, upon motion of petitioner’s counsel, respondent court issued the following order:chanrob1es virtual 1aw library

    When this case was called for hearing, private complainant is not in Court despite notice. Atty. Alabastro, counsel for accused Roberto Almario, moved that the case against the latter be dismissed for failure to prosecute and considering that accused is entitled to a speedy trial.

    WHEREFORE, the case against accused Roberto Almario is hereby dismissed. With respect to accused Spouses Susencio and Guillerma Cruz and Dante Duldulao, 1st warrant be issued for their arrest.

    SO ORDERED.

    Upon motion of the private prosecutor and despite the opposition of petitioner, respondent court in its Order dated October 25, 1995, reconsidered the Order of September 8, 1995. The pertinent portion of said order reads as follows:chanrob1es virtual 1aw library

    In Hipolito v. Court of Appeals (G.R. No. 108478 79, Feb. 21, 1993) the Supreme Court held that the right of the accused to a speedy trial is deemed violated only when the proceedings is attended by vexations, capricious and oppressive delays, or when unjustified postponements of the trial are asked for and secured, or when without cause or unjustifiable motive, a long period of time is allowed to (e) lapse without the party having his case tried. At least this right is relative, taking into (the) account the circumstances of each case.

    There has been no vexations capricious and oppressive delays, or unjustified postponements of the trial, or a long time is allowed to (e) lapse without the party having his case tried which would constitute, according to the above case, violation of the right of the accused to speedy trial. After arraignment of the accused, the pre-trial was set and the same was ordered terminated on October 25, 1994. On June 21, 1995, the case was set for initial presentation of evidence of the proof of service of the notices to the accused and their respective counsels. On July 17, 1995, counsel for the accused did not interpose objection to private prosecutor’s motion to postpone due to absence of witnesses. On July 24, 1995, the trial could not proceed as, being a joint trial of three criminal cases, the three other accused were not present. There were only three settings from the date of termination of the pre-trial for the prosecution to present evidence and the same were postponed with valid reasons.chanrob1es virtua1 1aw 1ibrary

    The dismissal in the Order dated September 8, 1995, did not result in the acquittal of the accused since the right of the accused to speedy trial has not been violated, and its dismissal having been made upon the motion of the accused there is no double jeopardy.

    WHEREFORE, premises considered, the Order dated September 8, 1995 dismissing the charge/case against the accused Roberto Almario is reconsidered and set aside.

    SO ORDERED.

    Petitioner sought a reconsideration of the above order. Acting on the Motion for Reconsideration dated November 9, 1995, respondent Judge issued his assailed Order of April 11, 1996, the dispositive portion of which reads as follows:chanrob1es virtual 1aw library

    IN VIEW OF THE FOREGOING, the Motion for Reconsideration dated 9 November 1995 is hereby denied for lack of merit considering that, based on the foregoing facts, the proceedings in this case have not been prolonged unreasonably nor were there oppressive delays and unjustified postponements in violation of the Accused’s constitutional right to speedy trial.

    SO ORDERED. 6

    Aggrieved by the foregoing order, petitioner filed before the Court of Appeals a petition for certiorari, prohibition and mandamus with preliminary injunction against the presiding judge of Branch 139 of the Regional Trial Court of Makati City, RCBC and the People of the Philippines. In a resolution dated November 21, 1996, respondent appellate court denied the petition due course and dismissed it for lack of merit. Petitioner’s motion to reconsider it was likewise denied for lack of merit in a resolution dated January 7, 1997.

    Before us, petitioner maintains that the appellate court erred in sustaining the trial court which, in turn, had gravely abused its discretion, amounting to lack of jurisdiction, when it reconsidered the order which dismissed the criminal cases against him. Petitioner asserts that this reversal was a violation of the doctrine of double jeopardy, as the criminal cases were initially dismissed for an alleged violation of petitioner’s constitutional right to a speedy trial. 7

    The issue for resolution is whether, in petitioner’s cases, double jeopardy had set in so that petitioner’s constitutional right against such jeopardy had been violated.

    Article III, Section 21 of the 1987 Constitution provides:chanrob1es virtual 1aw library

    SECTION 21. No person shall be twice put in jeopardy of punishment for the same offense. If an act is punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar to another prosecution for the same act.

    Section 7, Rule 117 of the Revised Rules of Court provides:chanrob1es virtual 1aw library

    SECTION 7. Former conviction or acquittal; double jeopardy. — When an accused has been convicted or acquitted, or the case against him dismissed or otherwise terminated without his express consent by a court of competent jurisdiction, upon a valid complaint or information or other formal charge sufficient in form and substance to sustain a conviction and after the accused had pleaded to the charge, the conviction or acquittal of the accused or the dismissal of the case shall be a bar to another prosecution for the offense charged, or for any attempt to commit the same or frustration thereof, or for any offense which necessarily includes or is necessarily included in the offense charged in the former complaint or information.chanrob1es virtua1 1aw 1ibrary

    x       x       x


    Clearly, jeopardy attaches only (1) upon a valid indictment, (2) before a competent court, (3) after arraignment, (4) when a valid plea has been entered, and (5) when the defendant was convicted or acquitted, or the case was dismissed or otherwise terminated without the express consent of the accused. 8

    In the cases at bar, the order of dismissal based on a violation of the right to speedy trial was made upon motion by counsel for petitioner before the trial court. It was made at the instance of the accused before the trial court, and with his express consent. Generally, the dismissal of a criminal case resulting in acquittal made with the express consent of the accused or upon his own motion will not place the accused in double jeopardy. However, this rule admits of two exceptions, namely: insufficiency of evidence and denial of the right to speedy trial. 9 Double jeopardy may attach when the proceedings have been prolonged unreasonably, in violation of the accused’s right to speedy trial. 10

    Here we must inquire whether there was unreasonable delay in the conduct of the trial so that violation of the right to speedy trial of the accused, herein petitioner, resulted. For it must be recalled that in the application of the constitutional guaranty of the right to speedy disposition of cases, particular regard must also be taken of the facts and circumstances peculiar to each case. 11 Both the trial court and the appellate court noted that after pre-trial of petitioner’s case was terminated on October 21, 1994, continuous trial was set in the months of December 1994, and January and February of 1995. The scheduled hearings, however, were cancelled when the presiding judge was promoted to the Court of Appeals, and his successor as trial judge was not immediately appointed, nor another judge detailed to his sala.

    Records show that on June 21, 1995, heading was postponed for lack of proof of notice to the accused and their counsel. The hearing on July 17, 1995, was postponed upon motion of the private prosecutor without objection from petitioner’s counsel. The hearing set on July 24, 1995 was reset, despite the presence of petitioner and his counsel, because of lack of proof of service of notice to co-accused Dante Duldulao and the spouses Susencio and Guillerma Cruz. 12

    As observed by respondent appellate court, delay in the trial was due to circumstances beyond the control of the parties and of the trial court. The first and third postponements were clearly justified on the ground of lack of notice to accused, co-accused, and/or counsel. Another was made without objection from petitioner’s counsel. However, on September 8, 1995, counsel for petitioner moved for dismissal of this case, because of the absence of the private prosecutor due to a severe attack of gout and arthritis, although he had sent his associate lawyer acceptable to the court. 13 All in all, there were only three re-setting of hearing dates. Thus, after a closer analysis of these successive events, the trial court realized that the dates of the hearings were transferred for valid grounds. Hence, the trial court set aside its initial order and reinstated the cases against petitioner, 14 which order the appellate court later sustained.

    That there was no unreasonable delay of the proceedings is apparent from the chronology of the hearings with the reasons for their postponements or transfers. Petitioner could not refute the appellate court’s findings that petitioner’s right to speedy trial had not been violated. As both the trial and appellate courts have taken pains to demonstrate, there was no unreasonable, vexatious and oppressive delay in the trial. Hence, there was no violation of petitioner’s right to speedy trial as there were no unjustified postponements which had prolonged the trial for unreasonable lengths of time. 15

    There being no oppressive delay in the proceedings, and no postponements unjustifiably sought, we concur with the conclusion reached by the Court of Appeals that petitioner’s right to speedy trial had not been infringed. Where the right of the accused to speedy trial had not been violated, there was no reason to support the initial order of dismissal.chanrob1es virtua1 1aw 1ibrary

    It follows that petitioner cannot invoke the constitutional right against double jeopardy when that order was reconsidered seasonably. 16 For as petitioner’s right to speedy trial was not transgressed, this exception to the fifth element of double jeopardy — that the defendant was acquitted or convicted, or the case was dismissed or otherwise terminated without the express consent of the accused - was not met. The trial court’s initial order of dismissal was upon motion of petitioner’s counsel, hence made with the express consent of petitioner. That being the case, despite the reconsideration of said order, double jeopardy did not attach. As this Court had occasion to rule in People v. Tampal, (244 SCRA 202) reiterated in People v. Leviste, 17 where we overturned an order of dismissal by the trial court predicated on the right to speedy trial —

    It is true that in an unbroken line of cases, we have held that the dismissal of cases on the ground of failure to prosecute is equivalent to an acquittal that would bar further prosecution of the accused for the same offense. It must be stressed, however, that these dismissals were predicated on the clear right of the accused to speedy trial. These cases are not applicable to the petition at bench considering that the right of the private respondents to speedy trial has not been violated by the State. For this reason, private respondents cannot invoke their right against double jeopardy.

    Both the trial court and the Court of Appeals were thus not in error when they allowed reinstatement of the cases against petitioner.

    WHEREFORE, the resolutions of the Court of Appeals in CA-G.R. No. SP-42312, dated November 21, 1996 and January 7, 1997, which upheld the orders of the Regional Trial Court of Makati, Branch 139, in Criminal Cases Nos. 91-6761-62, are hereby AFFIRMED. Costs against petitioner.

    SO ORDERED.

    Bellosillo, Mendoza, Buena and De Leon, Jr., JJ., concur.

    Endnotes:



    1. Rollo, pp. 84-90.

    2. Id. at 98.

    3. Id. at 67-81.

    4. Id. at 49-50.

    5. Id. at 62-66.

    6. Id. at 84-86.

    7. Id. at 5.

    8. People v. Nitafan, 302 SCRA 424, 440 (1999).

    9. People v. Bans, 239 SCRA 48, 55 (1994).

    10. Commission on Elections v. Court of Appeals, 229 SCRA 501, 507 (1994).

    11. Socrates v. Sandiganbayan, 253 SCRA 773, 788 (1996).

    12. Rollo, pp. 88-89.

    13. Id. at 49.

    14. Id. at 62-66.

    15. See Guerrero v. Court of Appeals, 257 SCRA 703, 713 (1996).

    16. People v. Leviste, 255 SCRA 238, 249 (1996).

    17. Ibid.

    G.R. No. 127772   March 22, 2001 - ROBERTO P. ALMARIO v. COURT OF APPEALS, ET AL.




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