Case Digest (G.R. No. 126640)
Facts:
Rosario T. De Vera v. Geren A. De Vera, G.R. No. 172832, April 06, 2009, Supreme Court Third Division, Nachura, J., writing for the Court.Petitioner Rosario T. de Vera (private complainant) accused her spouse Geren A. de Vera (respondent) and Josephine F. Juliano of bigamy. An Information was filed charging respondent Geren with contracting a second marriage on July 31, 2003, while his first marriage to petitioner subsisted. Upon arraignment, Geren pleaded “guilty.”
On April 8, 2005, Geren filed a motion asking that his plea be temporarily withdrawn so he could prove the mitigating circumstance of voluntary surrender. Petitioner opposed the motion, arguing that not all elements of voluntary surrender were present and that the plea of guilty had been the defendant’s earlier and operative position; she also maintained that the case was ready for promulgation and the motion should not be entertained.
In an Order dated June 6, 2005, the Regional Trial Court (RTC) granted Geren’s motion, appreciated the mitigating circumstances of plea of guilty and voluntary surrender, and on the same date promulgated sentence imposing an indeterminate term amounting to 6 months arresto mayor as minimum to 4 years, 2 months prision correccional as maximum. Petitioner moved for partial reconsideration before the RTC, which was denied in an Order dated August 25, 2005. Meanwhile, Geren applied for probation on June 8, 2005, and the RTC referred the application to the probation officer of San Juan, Metro Manila.
Dissatisfied, petitioner filed a special civil action for certiorari under Rule 65 before the Court of Appeals (CA). In a February 28, 2006 Decision and a May 24, 2006 Resolution in CA-G.R. SP No. 91916, the CA denied relief and affirmed the RTC’s appreciation of vol...(Subscriber-Only)
Issues:
- May the private complainant (petitioner) move to modify a judgment of conviction to increase the penalty by filing a motion for reconsideration and pursuing certiorari when the accused does not consent?
- Was the mitigating circumstance of voluntary surrender properly appreciated in favor of respo...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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