Title
Amigable vs. Court of Appeals
Case
G.R. No. L-42335
Decision Date
Sep 9, 1982
Petitioner convicted for illegal firearm possession sought amnesty; Supreme Court dismissed review due to failure to prosecute, affirming lower courts' decisions.
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Case Digest (G.R. No. L-42335)

Facts:

  1. 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.
  2. Affirmation by the Court of Appeals:

    • The Court of Appeals affirmed the trial court's decision on June 26, 1975.
  3. Petition for Review on Certiorari:

    • On November 11, 1975, Amigable filed a petition for review on certiorari with the Supreme Court.
  4. 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.
  5. 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:

  1. Whether the Supreme Court should hold the appeal proceedings in abeyance pending the resolution of Amigable's application for amnesty.
  2. Whether the petition for review on certiorari should be dismissed due to Amigable's failure to prosecute.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)


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