ChanRobles Virtual law Library
[ G.R. No. 135451. March 15, 1999]
PEOPLE vs. DANILO SERRANO, SR.
FIRST DIVISION
Gentlemen:
Quoted hereunder, for your information, is a resolution of this Court dated MAR 15, 1999.
G.R. No. 135451 (People of the Philippines vs. Danilo Serrano, Sr.)
On August 1, 1993, a complaint was filed by the complainant Maribel D. Visbal charging accused Danilo Serrano, Sr. with rape.
On January 14, 1994, accused, assisted by counsel, pleaded not guilty. Trial ensued.
On March 6, 1998, the Regional Trial Court, Branch 16, Naval, Biliran, rendered decision acquitting the accused on the ground that the prosecution failed to prove the guilt of the accused beyond reasonable doubt. The decision was promulgated on July 28, 1998.
On August 11, 1998, Asst. Public Prosecutor Federico R. Hu�amayor filed a notice of appeal on the ground that the decision was "contrary to the facts and the law."
On August 24, 1998, Judge Pepe P. Domael of Branch 37, Regional Trial Court, Naval, Biliran, issued an order giving due course to the appeal filed by the Office of the Provincial Prosecutor.
Consequently, on October 1, 1998, Clerk III Rey S. Morillo of Branch 37, Regional Trial Court, Naval, Biliran forwarded the original record of the above-mentioned case to this Court.
The Court Resolved to DISMISS the appeal for violation of the rule on double jeopardy. Let Judge Pepe P. Domael, Regional Trial Court, Branch 37, Naval, Biliran, to EXPLAIN within ten (10) days from notice why he should not be dismissed from office for gross ignorance of the law.
Very truly yours,
(Sgd.) VIRGINIA ANCHETA-SORIANO
Clerk of Court
HERE FOR THE LATEST SUPREME COURT JURISPRUDENCE
PHILIPPINE SUPREME COURT DECISIONS
QUICK SEARCH
