Case Digest (G.R. No. 157214)
Facts:
In Kim Liong v. People of the Philippines (G.R. No. 200630, June 4, 2018), petitioner Kim Liong was charged with estafa in an Information dated January 28, 2002 for allegedly misappropriating US$50,955.70 erroneously credited to his Equitable PCI Bank dollar account. Arraigned January 20, 2003, he pleaded not guilty. Pretrial concluded July 13, 2004. The prosecution’s first witness, Antonio Dela Rama, began direct examination June 8, 2006 and finished January 25, 2007; cross-examination was set for March 15, 2007 but was postponed repeatedly—on counsel’s motions, changes in defense counsel, the witness’s stroke, the absence of court personnel, and Liong’s own indisposition. On August 27, 2009, with Liong’s counsel absent, the trial court granted the private prosecutor’s motion and declared that Liong had waived his right to cross-examine Dela Rama. A new counsel’s motion for reconsideration was denied February 9, 2010. Liong petitioned for certiorari with the Court of Appeals, wCase Digest (G.R. No. 157214)
Facts:
- Nature of the Case
- Petitioner Kim Liong was charged with estafa for failing to return US$50,955.70 erroneously deposited in his dollar account by Equitable PCI Bank, Roxas Blvd. Branch.
- Information filed January 28, 2002; arraignment on January 20, 2003 with a plea of not guilty.
- Pre-trial and Presentation of Evidence
- Pre-trial terminated July 13, 2004. Initial presentation of prosecution evidence set for December 19, 2005, but repeatedly reset upon motions of the private prosecutors and defense counsel until June 8, 2006.
- First prosecution witness, Antonio Dela Rama, completed direct examination January 25, 2007; cross-examination initially set March 15, 2007.
- Repeated Postponements of Cross-examination
- Cross-examination hearings reset or cancelled on thirteen occasions (March 15, 2007 to August 27, 2009) for various reasons, including:
- Changes of counsel (March 15 and April 19, 2007) and petitioner’s own absence (April 17, 2008; Feb. 5 and Aug. 27, 2009).
- Witness Dela Rama’s stroke and hospitalization, absence of prosecutor or judge, or no reason indicated.
- On August 27, 2009, defense counsel failed to appear; trial court granted private prosecutor’s motion and declared petitioner to have waived his right to cross-examine Dela Rama.
- Post-waiver Motions and Appeals
- Petitioner’s new counsel moved for reconsideration (Oct. 2009), arguing counsel’s negligence; trial court denied motion Feb. 9, 2010, citing petitioner’s dilatory tactics and repeated opportunities.
- Court of Appeals denied petition for certiorari (Oct. 7, 2011) and motion for reconsideration (Feb. 20, 2012), affirming waiver.
- Petitioner elevated case to the Supreme Court via Petition for Review on Certiorari (March 26, 2012), raising factual issues and alleging grave abuse of discretion.
Issues:
- Whether the Supreme Court may entertain factual issues in a Petition for Review on Certiorari under Rule 45.
- Whether the trial court gravely abused its discretion in declaring petitioner to have waived his right to cross-examine prosecution witness Antonio Dela Rama.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)