Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1954 > May 1954 Decisions > G.R. No. L-6921 May 14, 1954 - EUGENIO CATILO v. GAVINO S. ABAYA

094 Phil 1014:




PHILIPPINE SUPREME COURT DECISIONS

EN BANC

[G.R. No. L-6921. May 14, 1954.]

EUGENIO CATILO, Petitioner, v. HONORABLE GAVINO S. ABAYA, Judge of the Court of First Instance of Batangas, Respondent.

Remigio L. Perez for Petitioner.

First Assistant Provincial Fiscal Geminiano G. Beloso for Respondent.


SYLLABUS


1. CRIMINAL PROCEDURE; POWER OF COURT TO MODIFY JUDGMENT. — The inherent powers of a court to modify its order or decision, under section 5, Rule 124 of the Rules of Court, does not extend to an order of dismissal which amounts to a judgment of acquittal in a criminal case; and the power of a court to modify a judgment or set it aside before it has become final or an appeal has been perfected, under section 7, Rule 116 of the Rules of Court, refers to a judgment of conviction and does not and cannot include a judgment of acquittal.

2. ID.; ORDER OF DISMISSAL AMOUNTING TO ACQUITTAL BARS SUBSEQUENT PROSECUTION FOR SAME OFFENSE. — Where the case was dismissed on the ground of lack of sufficient evidence and the respondent Judge himself advised the accused in open court that he was a free man and could not be again prosecuted for the same offense, the reconsideration of the order of dismissal and the reinstatement of the case would place the defendant in double jeopardy.


D E C I S I O N


MONTEMAYOR, J.:


This is a petition for certiorari with prohibition filed by petitioner Eugenio Catilo against respondent Hon. Gavino S. Abaya as Judge of the Court of First Instance of Batangas. The facts involved are not disputed.

Petitioner, a member of the Philippine Army attached to the 21st BCT was charged in the Court of First Instance of Batangas presided over by respondent Judge with kidnaping with murder in Criminal Case No. 698 of that Court. He was arraigned and the case was tried on July 15, 1953. After the prosecution had closed its evidence and rested its case, counsel for the defendant move for the dismissal of the case on the ground of lack of sufficient evidence. After a thorough discussion of the motion for dismissal the respondent Judge in open court dictated his order of July 15, 1953 (Annex "A") which we reproduce below:jgc:chanrobles.com.ph

"ORDER

"After the presentation of the evidence for the prosecution and after the Fiscal has submitted his case Atty. Remigio Perez of the defense presented a motion to dismiss based on the insufficiency of the evidence presented a motion to dismiss based on the insufficiency of the evidence presented by the prosecution. This motion to dismiss was fully discussed and forthwith the Court believes and so holds that said motion to dismiss is well taken because even if it cannot be discussed that there is a dead person and that this dead person was found before in company with the accused and his companions, there has not been presented in the presentation of evidence by the Fiscal even any slight proof that the herein accused was the author of the death in question and that the case against the accused herein is hereby dismissed with costs.

"DICTATED AND PROMULGATED IN OPEN COURT. SO ORDERED.

"Batangas, Batangas, July 15, 1953.

"GAVINO S. ABAYA

Judge"

According to the allegation of the petition which is not denied by the respondent in his answer but instead admitted by him, after dictating the aforequoted order, respondent had the defendant stand up, and then and there, the order of dismissal was duly promulgated in open court, and then addressing the accused, respondent Judge told him that he was a free man and could not again be prosecuted for the offense charged in the information. Then the court’s session was adjourned.

It would appear, however, that on the same day the respondent Judge changed his mind about his order of dismissal and issued the following order:jgc:chanrobles.com.ph

"ORDER

"The court, motu propio, and due to some misrepresentation of facts, reconsiders its ruling given verbally this morning, dismissing the present case; and.

"ACTING ON THE PETITION of the defense counsel for continuance of the trial of this case, the 27th day of this month is hereby set for the presentation of the evidence of the accused. SO ORDERED.

"Batangas, Batangas, July 15, 1953.

"GAVINO S. ABAYA

Judge"

The second paragraph of the aforequoted order presumably refers to a previous petition for continuance filed by the defense before the trial of the case but which petition was denied, after which, trial proceeded.

The defense received on July 17, 1953, a copy of the second order reconsidering the order of dismissal, and on July 20th it filed a written objection protesting against the reconsideration of the order of dismissal and the reinstatement of the case, on the ground that the defendant was being placed in double jeopardy. Failing to take action upon said objection, counsel for the defendant-petitioner filed a motion respectfully asking the respondent Judge to take immediate and favorable action on the written objection, and because the respondent still failed to take action, the defendant filed the present petition.

In representation of the respondent, the Provincial Fiscal in his answer claims that the respondent has the inherent power under the law to set aside his order of dismissal Annex "A" ; that said order of dismissal is a conclusion of the court and does not contain the "kind of recitation of facts contemplated in our courts of justice by the Rules of Court" ; that in issuing the order of dismissal Annex "A", the trial court abused its discretion as shown by the fact that later respondent being convinced that the prosecution has established a case against the accused, motu propio set aside the order of dismissal; and that finally, since the court abused its discretion, said order of dismissal is void; consequently, double jeopardy does not attach.

From whatever angle we may view the order of dismissal Annex "A", the only conclusion possible is that it amounted to an acquittal. Whether said acquittal was due to some "misrepresentation of facts" as stated in the order of reconsideration, which alleged misrepresentation is vigorously denied by the defendant-petitioner, or to a misapprehension of the law or of the evidence presented by the prosecution, the fact is that it was a valid order or judgment of acquittal, and thereafter the respondent Judge himself advised the accused in open court that he was a free man and could not again be prosecuted for the same offense.

The inherent powers of a court to modify its order or decision, under section 5, Rule 124 of the Rules of Court claimed for the respondent to set aside his order of dismissal, does not extend to an order of dismissal which amounts to a judgment of acquittal in a criminal case; and the power of a court to modify a judgment or set is aside before it has become final or an appeal has been perfected, under section 7, Rule 116 of the Rules of Court, refers to a judgment of conviction and does not and cannot include a judgment of acquittal.

In conclusion, we hold that to continue the criminal case against the petitioner after he had already been acquitted would be putting him twice in jeopardy of punishment for the same offense. Therefore, the petition for certiorari with prohibition is hereby granted and the order of respondent reconsidering his order of dismissal Annex "A" is hereby set aside and he is hereby commanded to desist from further proceeding with the trial of criminal case No. 698, which case is now to be regarded as closed. No pronouncement as to costs.

Paras, C.J., Pablo, Bengzon, Reyes, Jugo, Bautista Angelo, Labrador and Concepcion, JJ., concur.




Back to Home | Back to Main


chanrobles.com



ChanRobles Professional Review, Inc.

ChanRobles Professional Review, Inc. : www.chanroblesprofessionalreview.com
ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com
ChanRobles CPA Review Online

ChanRobles CPALE Review Online : www.chanroblescpareviewonline.com
ChanRobles Special Lecture Series

ChanRobles Special Lecture Series - Memory Man : www.chanroblesbar.com/memoryman





May-1954 Jurisprudence                 

  • G.R. No. L-6669 May 3, 1954 - PEDRO DAQUIS v. MAXIMO BUSTOS

    094 Phil 913

  • G.R. No. L-6736 May 4, 1954 - ISABEL GABRIEL, ET AL. v. DEMETRIO B. ENCARNACION, ET AL.

    094 Phil 917

  • G.R. No. L-6220 May 7, 1954 - MARTINA QUIZANA v. GAUDENCIO REDUGERIO, ET AL.

    094 Phil 922

  • G.R. No. L-5773 May 10, 1954 - CASIMIRO, ET AL. v. FABIAN SOBERANO

    094 Phil 927

  • G.R. No. L-6538 May 10, 1954 - PABLO BURGUETE v. JOVENCIO Q. MAYOR, ET AL.

    094 Phil 930

  • G.R. No. L-5694 May 12, 1954 - PAMBUJAN SUR UNITED MINE WORKERS v. SAMAR MINING CO., INC.

    094 Phil 932

  • G.R. No. L-6666 May 12, 1954 - GORGONIO PANDES v. JOSE TEODORO SR., ET AL.

    094 Phil 942

  • G.R. No. L-6765 May 12, 1954 - FULGENCIO VEGA, ET AL. v. MUN. BOARD OF THE CITY OF ILOILO, ET AL.

    094 Phil 949

  • G.R. No. L-4918 May 14, 1954 - REPUBLIC OF THE PHIL. v. JOSE LEON GONZALEZ, ET AL.

    094 Phil 956

  • G.R. No. L-5689 May 14, 1954 - JUAN DE G. RODRIGUEZ, ET AL. v. AURELIO MONTINOLA, ET AL.

    094 Phil 964

  • G.R. No. L-5900 May 14, 1954 - PEOPLE OF THE PHIL. v. PAULINO FRANCISCO

    094 Phil 975

  • G.R. No. L-5942 May 14, 1954 - R.F.C. v. HONORABLE COURT OF APPEALS, ET AL.

    094 Phil 984

  • G.R. No. L-6313 May 14, 1954 - ROYAL SHIRT FACTORY, INC. v. CO

    094 Phil 994

  • G.R. No. L-6444 May 14, 1954 - MUN. OF CALOOCAN v. MANOTOK REALTY, INC. ET AL.

    094 Phil 1003

  • G.R. No. L-6572 May 14, 1954 - MAX CHAMORRO & CO. v. PHIL. READY-MIX CONCRETE CO., INC., ET AL.

    094 Phil 1005

  • G.R. No. L-6792 May 14, 1954 - FAUSTO D. LAQUIAN v. FILOMENA SOCCO, ET AL.

    094 Phil 1010

  • G.R. No. L-6921 May 14, 1954 - EUGENIO CATILO v. GAVINO S. ABAYA

    094 Phil 1014

  • G.R. No. L-6481 May 17, 1954 - JESUS GUIAO v. ALBINO L. FIGUEROA

    094 Phil 1018

  • G.R. No. L-7045 May 18, 1954 - BENIGNO C. GUTIERREZ v. LAUREANO JOSE RUIZ, ET AL.

    094 Phil 1024

  • G.R. No. L-5378 May 24, 1954 - CO TIONG SA v. DIRECTOR OF PATENTS

    095 Phil 1

  • G.R. No. L-6408 May 24, 1954 - PEOPLE OF THE PHIL. v. EPIFANIO CARULASDULASAN, ET AL.

    095 Phil 8

  • G.R. No. L-6522 May 24, 1954 - LUIS B. UVERO, ET AL. v. COURT OF APPEALS, ET AL.

    095 Phil 11

  • G.R. No. L-6807 May 24, 1954 - JESUS SACRED HEART COLLEGE v. COLLECTOR OF INTERNAL REVENUE

    095 Phil 16

  • G.R. No. L-6870 May 24, 1954 - ELENA AMEDO v. RIO Y OLABARRIETA, INC.

    095 Phil 33

  • G.R. No. L-6988 May 24, 1954 - U.S.T. HOSPITAL EMPLOYEES ASSOCIATION v. STO. TOMAS UNIVERSITY HOSPITAL

    095 Phil 40

  • G.R. No. L-4817 May 26, 1954 - SILVESTRE M. PUNSALAN v. MUNICIPAL BOARD OF THE CITY OF MANILA, ET AL.

    095 Phil 46

  • G.R. No. L-5682 May 26, 1954 - ANASTACIO N. ABAD v. CANDIDA CARGANILLO VDA. DE YANCE

    095 Phil 51

  • G.R. No. L-5807 May 26, 1954 - BASILIA CABRERA, ET AL. v. FLORENCIA BELEN, ET AL.

    095 Phil 54

  • G.R. No. L-5906 May 26, 1954 - ANGAT-MANILA TRANSPORTATION CO., INC. v. VICTORIA VDA. DE TENGCO

    095 Phil 58

  • G.R. No. L-5953 May 26, 1954 - EX-MERALCO EMPLOYEES TRANSPORTATION CO., INC. v. REPUBLIC OF THE PHIL.

    095 Phil 61

  • G.R. No. L-6246 May 26, 1954 - PEOPLE OF THE PHIL. v. FELIX RIPAS

    095 Phil 63

  • G.R. No. L-6260 May 26, 1954 - HERMOGENES TARUC v. BACHRACH MOTOR CO.

    095 Phil 73

  • G.R. No. L-6306 May 26, 1954 - FORTUNATO HALILI v. MARIA LLORET, ET AL.

    095 Phil 78

  • G.R. No. L-6353 May 26, 1954 - DANIEL CABANGANGAN v. ROBERTO CONCEPCION, ET AL.

    095 Phil 87

  • G.R. No. L-6463 May 26, 1954 - RIZAL SURETY & INSURANCE CO. v. MARCIANO DE LA PAZ

    095 Phil 90

  • G.R. Nos. L-6675-81 May 26, 1954 - BIENVENIDO E. DOLLENTE v. EL PUEBLO DE FILIPINAS

    095 Phil 97

  • G.R. No. L-7024 May 26, 1954 - ROMAN TOLSA v. ALEJANDRO J. PANLILIO, ET AL.

    095 Phil 104

  • G.R. No. L-4935 May 28, 1954 - J.M. TUASON & CO., INC. v. QUIRINO BOLAÑOS

    095 Phil 106

  • G.R. No. L-6462 May 28, 1954 - BELEN JOVE LAGRIMAS v. TITO LAGRIMAS

    095 Phil 113

  • G.R. No. L-6967 May 28, 1954 - JOSE PONCE DE LEON v. FIDEL IBAÑEZ, ET AL.

    095 Phil 119

  • G.R. No. L-7042 May 28, 1954 - CLOTILDE MEJIA VDA. DE ALFAFARA v. PLACIDO MAPA, ET AL.

    095 Phil 125

  • G.R. No. L-3663 May 31, 1954 - EL PUEBLO DE FILIPINAS v. MARIA VELASCO RODRIGUEZ, ET AL.

    095 Phil 135

  • G.R. No. L-4510 May 31, 1954 - MARC DONNELLY & ASSOCIATES, INC. v. MANUEL AGREGADO, ET AL.

    095 Phil 142

  • G.R. No. L-4633 May 31, 1954 - GREGORIO ARANETA, INC. v. PHILIPPINE NATIONAL BANK

    095 Phil 160

  • G.R. No. L-5824 May 31, 1954 - PAZ PAREJA v. JULIO PAREJA

    095 Phil 167

  • G.R. No. L-5837 May 31, 1954 - CRISTOBAL BONNEVIE, ET AL. v. JAIME HERNANDEZ

    095 Phil 175

  • G.R. No. L-6018 May 31, 1954 - EMILIANO MORABE v. WILLIAM BROWN

    095 Phil 181

  • G.R. No. L-6122 May 31, 1954 - AURELIA DE LARA, ET AL. v. JACINTO AYROSO

    095 Phil 185

  • G.R. No. L-6461 May 31, 1954 - PILAR ARAULLO MACOY v. CARMEN VASQUEZ TRINIDAD, ET AL.

    095 Phil 192

  • G.R. Nos. L-7403 & L-7426 May 31, 1954 - COLLECTOR OF CUSTOMS v. GAVINO S. ABAYA, ET AL.

    095 Phil 205