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[G.R. No. 142643. August 1, 2000]
COMELEC vs. HON. ROBERTO L. MAKALINTAL, et al.
EN BANC
Gentlemen:
Quoted hereunder, for your information, is a resolution of this Court dated AUG 1 2000.
G. R. No. 142643 (Commission on Elections -vs.- Honorable Roberto L. Makalintal, Presiding Judge, RTC, Branch XI, Balayan, Batangas; Honorable Elihu A. Yba�ez, Presiding Judge, RTC, Br. IX, Balayan, Batangas, et al.)
This is a special civil action for certiorari under Rule 65 of the Rules of Court seeking to set aside and to declare null and void the following:
1. Order dated June 15, 1999 of respondent Judge Roberto Makalintal denying prosecution's Motion to Preventively Suspend Accused Mayor Gerry Katigbak while the case is pending before the court;
2. Resolution dated November 16, 1999 of Judge Elihu A. Yba�ez granting the Accused's Motion to Dismiss by way of Demurrer to Evidence of the Information docketed as Criminal Case No 4264, entitled People of the Philippines versus Mayor Gerry S. Katigbak and acquitting accused Katigbak for violation of Section 261 (m) of the Omnibus Election Code;
3. Order dated February 15, 2000 denying petitioner's Motion for Reconsideration for having been issued with grave abuse of discretion amounting to lack of jurisdiction.
The facts are as follows:
On January 22, 1999, the Commission on Elections (COMELEC) filed with the Regional Trial Court, Branch 11, Balayan, Batangas two (2) separate informations:
1. In Criminal Case No. 4263, entitled "People of the Philippines versus Jovito V. Mendoza, et al.", for violation of Section 261 (q) of the Omnibus Election Code in relation to Section 32 of Republic Act 7166;
2. In Criminal Case No. 4264, entitled "People of the Philippines versus Mayor Gerry S. Katigbak" for violation of Section 261 (m) of the Omnibus Election Code.
On April 27, 1999, the prosecution filed with the Regional Trial Court, Balayan, Batangas, Branch 11, a motion to suspend accused mayor Katigbak while the case was pending before the court. On June 15, 1999, respondent Judge Roberto Makalintal denied the motion to suspend accused Mayor Katigbak.
On July 8, 1999, the prosecution rested its case and formally offered its evidence. Thereafter, accused filed a demurrer to evidence. On August 5, 1999, petitioner filed an Omnibus Motion opposing the demurrer to evidence and moved for the inhibition of Judge Makalintal. On August 31, 1999, Judge Makalintal inhibited himself in the case.
The case was transferred to Branch 09, Regional Trial Court, Balayan, Batangas. On November 16, 1999, the trial court granted the demurrer to evidence and acquitted accused Mayor Katigbak.
On November 29, 1999, petitioner filed with the trial court a motion for reconsideration which was denied in an order dated February 15, 2000.
Hence, this petition.
The issue for resolution is whether this Court may review the trial court's decision acquitting Mayor Gerry S. Katigbak of the charges against him.
Petitioner imputes partiality and bias to respondent Judge Yba�ez in acquitting Mayor Katigbak, depriving the prosecution of due process.
We resolve the issue against petitioner.
A court deprives a party of due process if it renders its orders without giving such party an opportunity to present its evidence. 1 Philippine National Bank vs. Sayo, Jr., 292 SCRA 202 (1998).In this case, the trial court gave the prosecution an opportunity to present its case. There was due process duly accorded.
Unless there is a grave abuse of judicial discretion amounting to lack or excess of jurisdiction, 2 Galman vs. Sandiganbayan, 144 SCRA 43 (1986).the trial court's acquittal of an accused may not be reviewed. In this particular case, there is no grave abuse of discretion.
If the demurrer to evidence is granted, the dismissal terminates the case then and there, 3 Abriol vs. Homeres, 84 Phil. 525 (1949).thus the accused is deemed acquitted 4 People vs. City Court of Silay, 74 SCRA 247 (1976).from which there is no appeal. 5 Cruz vs. People, 144 SCRA 677 (1986).To re-open the case will place the accused in double jeopardy. 6 People vs. Francisco, 128 SCRA 110 (1984).
WHEREFORE, we resolve to DISMISS the petition.
No costs.
Bellosillo, J, is abroad on official business.
Very truly yours,
LUZVIMINDA D. PUNO
Clerk of Court�
(Sgd.) MA. LUISA D. VILLARAMA
Asst. Clerk of Court
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