Case Digest (G.R. No. L-42335)
Facts:
Pedro Amigable, the petitioner, was convicted by the Municipal Court of Tulunan, Cotabato, for illegal possession of a firearm and ammunition in Criminal Case No. 212. The conviction was rendered on June 30, 1972, where the court found him guilty beyond reasonable doubt under Section 878 of the Revised Administrative Code, in relation to Section 2692, as amended by Commonwealth Act No. 56, and further amended by Section 1 of Republic Act No. 4. The court sentenced Amigable to imprisonment for a period of one year and one day to two years, and ordered the forfeiture of the seized firearm and ammunition in favor of the government, with costs against the accused. The decision was subsequently affirmed by the Court of Appeals on June 26, 1975. Following this, Amigable filed a petition for review on certiorari with the Supreme Court on November 11, 1975. On November 24, 1975, he submitted a petition to hold the appeal proceedings in abeyance, citing his application for amnesty und...
Case Digest (G.R. No. L-42335)
Facts:
Conviction in the Trial Court:
- Petitioner Pedro Amigable was convicted by the Municipal Court of Tulunan, Cotabato, in Criminal Case No. 212 for illegal possession of a firearm and ammunition under Section 878 of the Revised Administrative Code, as amended by Commonwealth Act No. 56 and Republic Act No. 4.
- The trial court sentenced him to imprisonment of one year and one day to two years and ordered the forfeiture of the firearm and ammunition in favor of the government.
Affirmation by the Court of Appeals:
- The Court of Appeals affirmed the trial court's decision on June 26, 1975.
Petition for Review on Certiorari:
- On November 11, 1975, Amigable filed a petition for review on certiorari with the Supreme Court.
Application for Amnesty:
- On November 24, 1975, Amigable filed a petition to hold the appeal proceedings in abeyance, citing his application for amnesty under Presidential Decree No. 95, filed on February 27, 1973.
- A certification from Captain Enrique J. Lacanilao, Zone Judge Advocate, confirmed that the application was still under process as of November 18, 1975.
Failure to Prosecute:
- The Supreme Court received no further updates from Amigable regarding the status of his amnesty application.
- Letters to Amigable and attempts by his counsel to contact him since December 18, 1980, were unsuccessful.
Issue:
- Whether the Supreme Court should hold the appeal proceedings in abeyance pending the resolution of Amigable's application for amnesty.
- Whether the petition for review on certiorari should be dismissed due to Amigable's failure to prosecute.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)