Case Digest (G.R. No. 114343)
Facts:
This is Angelo Cal v. Court of Appeals, G.R. No. 114343, December 28, 1995, the Supreme Court Third Division, Panganiban, J., writing for the Court. The petition challenges the Court of Appeals' November 11, 1993 decision (Sixth Division, J. Artemon D. Luna, ponente) that denied petitioner’s certiorari, prohibition and mandamus petition seeking to annul orders of the Regional Trial Court (Branch 21), Santiago, Isabela, in Criminal Case No. 0822 (People v. Angelo Cal).An information for illegal recruitment was filed September 5, 1990; petitioner posted bail and remained on provisional liberty. A judgment finding petitioner guilty of illegal recruitment (Article 36(a), Labor Code, as amended) was rendered June 8, 1992 and promulgated July 15, 1992 in petitioner’s presence. The trial court issued an order of commitment the same day. On July 16, 1992 petitioner, assisted by counsel, filed an application for probation, an affidavit of recognizance, and an application for release on recognizance; the trial court ordered a probation investigation and report within sixty days.
On July 29, 1992 petitioner filed a "Motion to Withdraw Application for Probation and Notice of Appeal," alleging he had hastily applied for probation because of threats and without adequate advice, and thus had not waived his right to appeal. After a full hearing the trial court, on November 20, 1992, found the allegations baseless, held that petitioner had been properly advised and had voluntarily applied for probation to avoid incarceration, denied the motion to withdraw, and directed petitioner to report to the Probation and Parole Officer within 72 hours or be ordered to serve his sentence.
Petitioner filed a Notice of Appeal on December 14, 1992; the trial court denied it January 4, 1993 on the ground that acceptance of probation waived the right to appeal. A motion for reconsideration was denied June 1, 1993. Petitioner then filed a petition for certiorari, prohibition, and mandamus with the Court of Appeals on July 9, 1993, which was denie...(Subscriber-Only)
Issues:
- Did the trial court and the Court of Appeals gravely abuse their discretion in ordering petitioner’s immediate confinement after promulgation of judgment despite his having posted bail and before the judgment became final and executory?
- Did the trial court and the Court of Appeals err in denying petitioner’s motion to withdraw his application for probation and in refusing to give du...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)