G.R. No. 48185 - Gardiner vs. Magsalin

Petitioner: Feliciano B. Gardiner, Acting Provincial Fiscal of Pampanga.
Respondents: Honorable Pedro Magsalin, Judge of First Instance of Pampanga, and five accused persons – Pedro Yalung, Eugenio Villegas, Maximo Manlapid, Magno Icban, Rufino Maun, and Catalino Fernandez.
The fiscal filed a criminal information charging the respondents and one Catalino Fernandez with conspiracy to kill and the actual killing of Gaudencio Vivar, with evident premeditation.
Upon arraignment, Catalino Fernandez pleaded guilty, while the other five accused pleaded not guilty.

At the trial of the five accused, Catalino Fernandez was called as the fiscal’s first witness to testify as to the alleged conspiracy.
Defense counsel objected to Catalino Fernandez’s testimony against his coaccused, citing that as a conspirator, his acts or declarations are inadmissible against his coaccused unless the conspiracy is first established by other evidence, pursuant to Section 12, Rule 123 of the Rules of Court.
The respondent judge sustained the objection and disallowed the testimony of Catalino Fernandez against his coaccused.
The fiscal filed a written motion for reconsideration, which was denied by the court.
As a result, the fiscal filed the present original petition for a writ of mandamus, seeking to compel the respondent judge to admit Catalino Fernandez’s testimony against his coaccused.

Whether or not the testimony of a conspirator against his coaccused may be admitted before the conspiracy is proven by evidence other than such testimony under Section 12, Rule 123 of the Rules of Court.