Case Digest (G.R. No. 80268)
Facts:
Bogo-Medellin Milling Co., Inc. and Robert Hermosa, petitioners, filed the instant case (G.R. No. 80268) decided May 27, 1992 by the Supreme Court Third Division, Feliciano, J., writing for the Court. The petition challenges orders of respondent Judge Pedro Son and involves private respondent Manolito Tunacao.On September 27, 1985 the Provincial Fiscal of Cebu filed an information in Branch 11, Regional Trial Court (then presided by Judge Valeriano Tomol, Jr.) charging petitioner Robert Hermosa with qualified theft in Criminal Case No. CBU‑6172; bail was recommended at P12,000.00. Around the same time several other persons, including Tunacao, were charged with simple theft in Criminal Case No. CBU‑6173; the acts in both informations concerned the alleged theft of the same large rubber tire.
On February 11, 1986 Tunacao was dropped from CBU‑6173 and instead joined as co‑accused with Hermosa in the amended information in CBU‑6172. After arraignment but before trial evidence was presented, on April 14, 1986 Bogo‑Medellin filed a manifestation that Hermosa wished to act as a state witness and prayed for his discharge from the information under the rule permitting discharge of one accused to become a state witness. Tunacao opposed, arguing the requisites of Rule 119 had not been met and asserting that Hermosa appeared from the preliminary investigation to be the most guilty.
Judge Tomol initially denied the discharge, but on reconsideration granted it (the order of August 6, 1986 discharging Hermosa). Thereafter Hermosa failed to appear on the scheduled hearing of December 2, 1986; hearings were reset, and by March 3, 1987 Judge Pedro C. Son had become presiding judge. On that date Tunacao's counsel moved for reconsideration of Judge Tomol's discharge order; Bogo‑Medellin opposed, alleging reinstatement would constitute double jeopardy because Tomol's discharge amounted to an acquittal.
On March 18, 1987 Judge Son issued an order reinstating Hermosa as accused in CBU‑6172 and directed that a warrant issue for his arrest with bond fixed at P12,000.00; the order expressly cited the new 1985 Rules on Criminal Procedure and reconsidered the August 6, 1986 order. Bogo‑Medellin moved for reconsideration of Judge Son's reinstatement order, which was denied. The petition before the Court is a ...(Subscriber-Only)
Issues:
- Did the trial court's discharge of Robert Hermosa operate as an acquittal so that his later reinstatement as accused violated the constitutional prohibition against double j...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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