Case Digest (G.R. No. L-48883)
Facts:
The People of the Philippines v. Hon. Alberto V. Seneris and Pilar Angeles de Pimentel, G.R. No. L-48883, August 06, 1980, Supreme Court First Division, Makasiar, J., writing for the Court. The petition is a special civil action for certiorari with prayer for a writ of preliminary injunction challenging an order of the respondent trial judge in Criminal Case No. 750 (formerly No. 1742) that declared inadmissible the testimony of a prosecution eyewitness who died before his cross-examination was completed.On February 8, 1978 the City Fiscal filed an amended information charging Pilar Angeles de Pimentel (private respondent) with parricide. After separate trials were granted (private respondent’s trial being severed on January 17, 1978), accused Mario Nemenio y delos Santos pleaded guilty on February 22, 1978, was convicted of murder (with the circumstance of prize and reward), and thereafter offered to testify for the prosecution against private respondent. Nemenio testified on direct examination on February 28, March 6 and March 22, 1978; his direct testimony was voluminous and described that he and another were hired by private respondent and that private respondent pointed out the victim.
Private respondent’s counsel asked on March 22, 1978 that cross-examination be held in abeyance until he received the stenographic transcripts of the direct testimony; the court granted the request and set further dates. Cross-examination began but was not completed: it resumed on June 7, 1978 and was adjourned that same day because of want of time, with the hearing set to resume July 3, 1978. Before resumption, Nemenio escaped custody and was shot dead on June 21, 1978 while allegedly fleeing the penal farm. On July 20, 1978 the prosecution moved the respondent court for a ruling on the admissibility of the deceased witness’s testimony.
On August 4, 1978 respondent Judge Seneris ordered the entire testimony of Mario Nemenio excluded on the ground that the defense had not completed its cross-examination, relying principally on the Court’s earlier decision in Ortigas, Jr. v. Lufthansa German Airlines (L-28773, June 30, 1975, 64 SCRA 610). The People filed this special civil action; on December 4, 1978 the Supreme Court gave due co...(Subscriber-Only)
Issues:
- Did the respondent judge gravely abuse his discretion in excluding the testimony of the prosecution witness Mario Nemenio y delos Santos whose cross-examination remained incomplete because the witness died?
- If the testimony is admissible, should it be admitted in full or only in part given the subjects not covered by cross-examination (notably t...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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