Case Digest (G.R. No. L-2233)
Facts:
- Timoteo Tamayo was charged with illegal possession of a firearm and ammunition in Ilocos Norte.
- The incident occurred on August 17, 1946, where Tamayo possessed a US carbine Cal. 30 and 116 rounds of ammunition without permission.
- On July 16, 1947, Tamayo pleaded guilty, and the court initially sentenced him to a fine of P100.
- The Provincial Fiscal filed a motion for reconsideration on July 24, 1947, citing Republic Act No. 4, which imposed harsher penalties.
- The court amended its decision on February 14, 1948, imposing a five-year imprisonment sentence.
- The main question was whether the court had jurisdiction to modify its decision nearly seven months after the initial ruling.
Issue:
- (Unlock)
Ruling:
- The Supreme Court ruled that the amended decision of the lower court was null and void.
- The original judgment imposing a fine was de...(Unlock)
Ratio:
- The court's decision was based on Section 7 of Rule 116 of the Rules of Court, which allows modification of a judgment before it becomes final.
- A judgment becomes final after the fifteen-day period for perfecting an appeal.
- The court referenced U.S. vs. Vayson, affirming that a trial court can alter its judgment before it is final.
- The court clarified that the appeal period is not suspended by a prosecution's motion for reconsideration.
- The modification by the ...continue reading
Case Digest (G.R. No. L-2233)
Facts:
The case involves Timoteo Tamayo, the appellant, who was charged with illegal possession of a firearm and ammunition in the Court of First Instance of Ilocos Norte. The charge stemmed from an incident that occurred on August 17, 1946, in Solsona, Ilocos Norte, where Tamayo was found in possession of a US carbine Cal. 30, Serial No. 1561754, along with five magazines containing 116 rounds of ammunition, without the necessary permission. On July 16, 1947, Tamayo, represented by counsel, pleaded guilty to the charges. The court, considering the guilty plea and the fiscal's recommendation, initially sentenced him to pay a fine of P100 and costs, allowing him one month to settle the fine upon his attorney's request. However, on July 24, 1947, the Provincial Fiscal filed a motion for reconsideration, arguing that the penalty should be based on Republic Act No. 4, which had come into effect on July 19, 1946, and imposed a significantly harsher penalty for illegal possession of firearms. The court, unaware of the new law at the time of the initial ruling, amended its decision on February 14, 1948, imposing a sentence of five years of imprisonment, along with the accessories of the law and costs. The primary question arose regarding the court's ...