Case Digest (G.R. No. 8312)
Facts:
Rhoda Regina Reyes‑Rara and Jose Emmanuel Rara v. Brenda Chan, People of the Philippines and Hon. Marciano Bacalla, G.R. No. 142961, August 04, 2006, Supreme Court First Division, Ynares‑Santiago, J., writing for the Court.On November 23, 1998, private respondent Brenda Chan filed an affidavit complaint for estafa against petitioners Rhoda Regina Reyes‑Rara and Jose Emmanuel Rara. At the investigating prosecutor’s scheduled hearing on December 8, 1998, the accused failed to appear; their counsel later advised they would submit a counter‑affidavit by January 13, 1999, but they again failed to do so. The hearing was reset to January 22, 1999 — petitioners requested another reset because Mrs. Reyes‑Rara would be abroad, the request was denied, and the case was submitted for resolution in their absence.
Assistant City Prosecutor Edgardo T. Paragua found probable cause in a Resolution dated February 1, 1999, and an Information for estafa was filed on March 23, 1999. On March 23, 1999, petitioner Rhoda filed a motion to admit a belated counter‑affidavit; Jose Emmanuel did not file a counter‑affidavit. Petitioners moved for reconsideration before the prosecutor, and the trial court initially deferred arraignment (arraignment set for June 22, 1999, later moved to July 27, 1999).
The Prosecutor denied reconsideration on July 2, 1999; nonetheless on July 19, 1999 petitioners again sought to defer arraignment. On July 27, 1999, the Regional Trial Court (Quezon City, Branch 216, presided by Judge Marciano Bacalla) denied the motion to defer arraignment and ordered the issuance of warrants for arrest; that warrant was lifted on July 28, 1999 and the arraignment rescheduled for August 10, 1999. Petitioners filed a petition for prohibition with prayer for TRO before the Court of Appeals on August 3, 1999 (CA‑G.R. SP No. 54111) and, on August 9, 1999, appealed the prosecutor’s denial to the Department of Justice (DOJ).
At arraignment on August 13, 1999, petitioners were arrested and entered pleas of not guilty. The Court of Appeals issued a temporary restraining order (TRO) on September 7, 1999, which suspended proceedings; later, the DOJ dismissed petitioners’ appeal on January 3, 2000 citing Department of Justice Order No. 223 (authorizing motu proprio dismissal if accused is arraigned during pendency). After the TRO lapsed and the DOJ dismissal, the trial court on January 26, 2000 set trial for February 21–22, 2000. Petitioners sought relief from the Court of Appeals to enjoi...(Subscriber-Only)
Issues:
- Did respondent Judge Marciano Bacalla commit grave abuse of discretion in denying petitioners’ motions to defer the arraignment and to suspend proceedings (the July 27, 1999 and August 10, 1999 Orders and the January 26, 2000 Order setting the ...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)