Facts:

• Case: The People of the Philippines vs. Buenaventura Mariano y Tabaquin, G.R. No. L-19243.
• Decision Date: February 29, 1964.
• Defendant: Buenaventura Mariano y Tabaquin, charged with illegally carrying letters/packages for a fee in areas with existing postal services.
• Arraignment: Tabaquin pleaded not guilty.
• Initial Trial Date: June 7, 1961, postponed multiple times at the defendant's request.
• Motion Filed: Four days before trial, Tabaquin requested the appointment of assessors.
• Court's Denial: Based on discretionary nature of appointment and suspicion of dilatory tactics.
• Appeal: Tabaquin questioned the court's obligation to appoint assessors.

Issue:

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Ruling:

• The Supreme Court affirmed the lower court's denial of the motion for assessors.
• The court determined that while appointing assessors can ...(Unlock)

Ratio:

• The ruling was based on Section 154 of the Code of Civil Procedure (Act No. 190) and Section 49 of the Charter of the City of Manila (Republic Act No. 409).
• The term "may" indicates that the court is not obligated to grant the request unless a proper application is submitted.
• Tabaquin's late motion, following multiple delays he initiated, suggested a lack of goo...continue reading