Case Digest (G.R. No. L-55213)
Facts:
- The case is People of the Philippines vs. Hon. Harold M. Hernando, et al., G.R. No. L-55213, decided on October 9, 1981.
- The petitioner, the People of the Philippines, aimed to annul the Amended Decision of Judge Harold M. Hernando, which acquitted the accused: Cosme Calibuso, Ernesto Calibuso, and Rey Tubana.
- The accused were charged with Frustrated Murder for stabbing Romeo Dukinal on November 27, 1978, at a beerhouse in Modiit, Dolores, Abra.
- The stabbing resulted in a wound requiring medical attention but did not cause death.
- During the trial, the accused pleaded not guilty, asserting a common defense of general denial.
- On July 10, 1980, the trial court convicted the accused based on eyewitness testimonies, including that of Dukinal.
- The Calibusos filed a motion for reconsideration on July 18, 1980, citing a variance between the charge and evidence.
- They later submitted an Amended Motion for Reconsideration, introducing new evidence implicating another individual, William Gonzales.
- The trial court granted a new trial based on this evidence, leading to an Amended Decision on August 1, 1980, which acquitted the accused.
- The prosecution's motion for reconsideration was denied, prompting the People to file a petition for certiorari.
Issue:
- (Unlock)
Ruling:
- The Supreme Court ruled that the respondent judge committed grave abuse of discretion in granting the new trial and acquitting the accused.
- However, the relief sought by the petitioner was barred by the principle of double jeopardy. ...(Unlock)
Ratio:
- The Court found no deprivation of due process, as the prosecution had opportunities to present its case and cross-examine witnesses during the trial.
- The judge's verbal order indicated that a new trial was granted, with the prosecution present and partici...continue reading
Case Digest (G.R. No. L-55213)
Facts:
In the case of People of the Philippines vs. Hon. Harold M. Hernando, et al., G.R. No. L-55213, decided on October 9, 1981, the petitioner, the People of the Philippines, sought to annul the Amended Decision of the respondent Judge, Harold M. Hernando, which acquitted the accused, Cosme Calibuso, Ernesto Calibuso, and Rey Tubana, in Criminal Case No. 1020. The events leading to this case began on March 20, 1979, when the three respondents, along with two others who remained at large, were charged with the crime of Frustrated Murder for stabbing one Romeo Dukinal. The stabbing occurred on November 27, 1978, at a beerhouse in Modiit, Dolores, Abra, where Dukinal was attacked, resulting in a stab wound that required medical attention but did not lead to his death. During the trial, the accused entered pleas of not guilty and relied on a common defense of general denial, claiming no involvement in the crime. On July 10, 1980, the trial court convicted the accused based on the testimonies of eyewitnesses, including Dukinal himself, who identified them as the perpetrators. However, on July 18, 1980, the Calibusos filed a motion for reconsideration, claiming a variance between the crime charged and the evidence presented. They later submitted an Amended Motion for Reconsideration, introducing new evidence that suggested another individual, William Gonzales, was responsible for the stabbin...