Title
Lanestosa vs. Santamaria
Case
G.R. No. 30076
Decision Date
Sep 13, 1928
Petitioners voluntarily waived appeal, requested immediate commitment; compliance rendered judgment final, terminating court jurisdiction. Mandamus denied.

Case Digest (G.R. No. 30076)
Expanded Legal Reasoning Model

Facts:

  • Background of the Case
    • The petitioners, Fausta Lanestosa and Bernabe Lames, were defendants in criminal case No. 8142 before the Court of First Instance of Iloilo, charged with the crime of resistance to authority.
    • On July 7, 1928, they were informed of the judgment rendered against them by Judge Antonio M. Opisso (branch III of the said court).
  • Waiver of Right to Appeal
    • On July 16, 1928, the petitioners, along with two other prisoners, submitted a written petition to the Court of First Instance of Iloilo.
      • In this petition, they voluntarily waived their right to appeal the judgment.
      • They also prayed to be transferred to Bilibid Prison in Manila at the earliest opportunity (specified as July 21, 1928).
    • The lower court summoned them to appear before it, and after hearing their statements (with assistance from an interpreter), Judge Francisco Santamaria issued an order on July 17, 1928:
      • The order confirmed the waiver of their right to appeal.
      • It directed their immediate commitment to Bilibid Prison in Manila.
  • Motion to Reconsider the Waiver
    • On July 18, 1928, the petitioners filed a motion requesting the court to reconsider its order of July 17, 1928, effectively seeking to withdraw the waiver of their right to appeal.
    • Grounds cited in the motion included:
      • The fact that Mariano Lames (husband of Fausta and father of Bernabe) did not secure the bond required for the appeal.
      • Personal and family distress, noting that Fausta had a ten-month-old baby and was in poor health.
      • The realization of the gravity of the imposed penalty and the potential prolonged separation from family if committed to Bilibid Prison.
      • A claim regarding the extant jurisdiction of the court to reconsider the order within the period fixed by law.
  • Hearing and Subsequent Order
    • The motion was heard on July 21, 1928.
    • Judge Santamaria, upon hearing the petitioners:
      • Noted that they had confirmed the waiver on the 17th in open court by their personal appearance.
      • Found that the petitioners failed to offer a satisfactory explanation for their earlier confirmation of the waiver in connection with their subsequent motion.
    • Consequently, the judge issued an order on July 21, 1928, denying the motion to withdraw the waiver and admitting the appeal.

Issues:

  • Whether the petitioners’ subsequent motion to withdraw the waiver of their right to appeal is acceptable and within the jurisdiction of the court.
    • Was the waiver, made in open court, truly voluntary and fully informed?
    • Does the lapse in time between the waiver and the motion (nine days) affect the court’s jurisdiction over the matter?
    • Whether the petitioners’ request to reinstate their right to appeal is justified despite having complied with the judgment.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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