Case Digest (G.R. No. L-45137)
Facts:
Fe J. Bautista and Milagros J. Corpus v. Hon. Malcolm G. Sarmiento, G.R. No. L-45137, September 23, 1985, Supreme Court Second Division, Cuevas, J., writing for the Court.An information for estafa (Criminal Case No. 808) was filed against petitioners Fe Bautista and Milagros Corpus together with Teresita Vergere in the Court of First Instance of Pampanga, Branch I, presided by Judge Malcolm G. Sarmiento. The third accused, Vergere, was granted a separate trial. To prove the offense the prosecution presented only the private complainant, Dr. Leticia C. Yap, as its sole witness; thereafter petitioners moved to dismiss the case by way of demurrer to the evidence, contending that the prosecution failed to prove guilt beyond reasonable doubt.
By Order dated June 3, 1976 the trial judge denied the demurrer, finding that the prosecution had established a prima facie case and noting documentary and oral demands as evidence of misappropriation; he ordered the defense to present its evidence. A motion for reconsideration was filed and denied “for lack of merit.” Petitioners then filed a special civil action for Certiorari and Prohibition with Preliminary Injunction in the Court (the instant petition), assailing the trial judge’s denial of the demurrer and his direction that they present evidence.
The Supreme Court considered the propriety of the remedy and the merits of the trial judge’s action. The petition raised both a procedural challenge to the use of certiorari and a substantive cha...(Subscriber-Only)
Issues:
- Is a petition for certiorari and prohibition the proper remedy to assail an interlocutory order denying a demurrer to the evidence?
- Did the trial court err or commit grave abuse of discretion in denying the demurrer to the evidence (finding a prima facie case) and in directing the accused to present the...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)