Case Digest (G.R. No. 221006)
Facts:
- Jeoffy Gerobiese y Alemania, also known as "Jeff," was charged with two offenses on March 2, 2001.
- The first charge was for illegal possession of 12 caliber .38 live ammunitions (Criminal Case No. H-1201).
- The second charge was for illegal possession of dangerous drugs (Criminal Case No. H-1051).
- The Municipal Circuit Trial Court of Bato-Matalom, Leyte found Gerobiese guilty of illegal possession of ammunition and sentenced him to a prison term of four years, two months, and one day to six years, plus a fine of PHP 15,000.
- The Regional Trial Court reduced the penalty to six months and one day to four years and two months upon appeal.
- Gerobiese's motion for reconsideration was denied on March 20, 2006, and the judgment became final and executory on April 20, 2006.
- The Regional Trial Court of Hilongos, Leyte found Gerobiese guilty of illegal possession of dangerous drugs on September 17, 2012, sentencing him to six months to four years and two months.
- Gerobiese's application for probation was denied due to his prior conviction for illegal possession of ammunition.
- Gerobiese claimed he was not properly notified of the March 20, 2006 Order, but the court found that the order was duly served to his counsel's wife.
- His motions to dismiss the case for illegal possession of ammunition and to reconsider the denial of his probation application were denied by the Regional Trial Court and affirmed by the Court of Appeals.
- Gerobiese filed a Petition for Review on Certiorari under Rule 45 before the Supreme Court.
Issue:
- (Unlock)
Ruling:
- The Supreme Court denied the petition, affirming the decisions of the lower courts.
- The decision in Criminal Case No. H-1201 for illegal possession of ammunition had attained finality.
- Gerobiese was properly served a copy of the March 20, 2006 Order.
- The Court of Appeals did not err in its judgment, and t...(Unlock)
Ratio:
- The decision in Criminal Case No. H-1201 had attained finality because the March 20, 2006 Order denying Gerobiese's motion for reconsideration was properly served to his counsel's wife, which is valid service under the Rules of Civil Procedure.
- The registry return card created a presumption of regularity of service, which Gerobiese failed to rebut.
- The doctrine of...continue reading
Case Digest (G.R. No. 221006)
Facts:
In the case of "Gerobiese y Alemania v. People," Jeoffy Gerobiese y Alemania, also known as "Jeff," faced charges for two separate offenses on March 2, 2001. The first charge was for the illegal possession of 12 caliber .38 live ammunitions, designated as Criminal Case No. H-1201. The second charge was for the illegal possession of dangerous drugs, designated as Criminal Case No. H-1051. The Municipal Circuit Trial Court of Bato-Matalom, Leyte found Gerobiese guilty of the illegal possession of ammunition and sentenced him to a prison term ranging from four years, two months, and one day to six years of prision correccional, along with a fine of PHP 15,000. Upon appeal, the Regional Trial Court reduced the penalty to a range of six months and one day to four years and two months. Gerobiese's motion for reconsideration was denied on March 20, 2006, and the judgment became final and executory on April 20, 2006.
In a separate proceeding, the Regional Trial Court of Hilongos, Leyte found Gerobiese guilty of illegal possession of dangerous drugs on September 17, 2012, sentencing him to a prison term ranging from six months to four years and two months. Gerobiese applied for probation on September 20, 2012, but his application was denied due to his prior conviction for illegal possession of ammunition. Gerobiese contended that he was not properly notified of the March 20, 2006 Order denying his motion for reconsideration. However, the court determined that the order was duly served to his counsel's wife, thus considering him properly notified. Gerobiese’s subsequent motions to dismiss the case for illegal possession of ammunition and to reconsider the denial of his probation a...