January 1941 - Philippine Supreme Court Decisions/Resolutions
Philippine Supreme Court Jurisprudence
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G.R. No. 47081 January 31, 1941 - PEOPLE OF THE PHIL. v. RAFAEL PASCUA, ET AL.
071 Phil 235:
071 Phil 235:
EN BANC
[G.R. No. 47081. January 31, 1941.]
THE PEOPLE OF THE PHILIPPINES, Petitioner, v. RAFAEL PASCUA AND PORFIRIO PAGADUAN, Respondents.
Solicitor-General Ozaeta and Assistant Attorney Amparo for Petitioner.
Victoriano V. Valle for respondent Pascua.
Ignacio B. Alcuaz for respondent Pagaduan.
SYLLABUS
1. COURT OF APPEALS; APPELLATE JURISDICTION; COMPLEX CRIME OF ROBBERY WITH HOMICIDE; APPEAL BY GOVERNMENT FROM JUDGMENT OF CONVICTION. — Section 14-K, as amended, of the Revised Administrative Code refers specifically to criminal case which should be certified by the Court of Appeal to the Supreme court under certain condition. Although the offense committed here is designated as a complex crime of robbery with homicide, the facts involved and not the classification of the offense charged are controlling, and we are inclined to assume that if the Court of Appeals declined or failed to elevate the case to this court, this was advisedly done by the Court of Appeals upon review of the records and consideration Or the evidence presented. On the other hand, to all intend and purposes, the present petition is an exception to and an appeal by the Government from a judgment of conviction, a practice not sanctioned by law or authority.
D E C I S I O N
LAUREL, J.:
This is a petition for a writ of certiorari to review the decision rendered by the Court of Appeals in the above-entitled case principally on the ground that said court erred not forwarding the case to this court under the provisions of sections 138 and 14-K of the Revised Administrative Code as amended by Commonwealth Acts Nos. 3 and 259. It is contended by the petitioner that the penalty for the complex crime or robbery with homicide prescribed by article 294, No. 1, of the Revised Penal Code is reclusion perpetua to death, and that, therefore, the Court of Appeals should have certified the case to this court under the provisions of the sections already referred to above.
Section 14-K, as amended, of the Revised Administrative Code refers specifically to criminal cases which should be certified by the Court of Appeals to the Supreme Court under certain conditions. Although the offense committed here is designated as a complex crime of robbery with homicide, the facts involved and not the classification of the offense charged are controlling, and we are inclined to assume that if the Court of Appeals declined or failed to elevate the case to this court, this was advisedly done by the Court of Appeals upon review of the records and consideration of the evidence presented. On the other hand, to all intents and purposes, the present petition i9 an exception to and an appeal by the Government from a judgment of conviction, a practice not sanctioned by law or authority. The petition is denied without costs. So ordered.
Avanceña, C.J., Imperial, Diaz and Horrilleno, JJ., concur.
Section 14-K, as amended, of the Revised Administrative Code refers specifically to criminal cases which should be certified by the Court of Appeals to the Supreme Court under certain conditions. Although the offense committed here is designated as a complex crime of robbery with homicide, the facts involved and not the classification of the offense charged are controlling, and we are inclined to assume that if the Court of Appeals declined or failed to elevate the case to this court, this was advisedly done by the Court of Appeals upon review of the records and consideration of the evidence presented. On the other hand, to all intents and purposes, the present petition i9 an exception to and an appeal by the Government from a judgment of conviction, a practice not sanctioned by law or authority. The petition is denied without costs. So ordered.
Avanceña, C.J., Imperial, Diaz and Horrilleno, JJ., concur.
