Case Digest (G.R. No. 241348)
Facts:
In G.R. No. 241348, July 05, 2022, Loreto A. CaAaveras and Ofelia B. CaAaveras (petitioners) filed a petition for certiorari under Rule 65 of the Rules of Court against Judge Jocelyn P. Gamboa-Delos Santos and Rodel Mariano (respondents), assailing the June 6, 2018 Order in Criminal Case No. 17-0597 before Branch 4, Municipal Trial Court in Cities, San Fernando, Pampanga. The petition incorporated a prayer for a temporary restraining order (TRO) or writ of preliminary injunction (WPI) to enjoin further proceedings and challenged the constitutionality of the second sentence of Section 10(b) of A.M. No. 12-8-8-SC (the Judicial Affidavit Rule). The underlying case charged the CaAaveras spouses with falsification of public documents under Article 172, in relation to Article 171 of the Revised Penal Code. On May 23, 2018, the prosecution presented its first witness, Nenita G. Mariano, but the defense counsel, Atty. Vicente Dante P. Adan, failed to appear. Judge Gamboa-Delos-Santos deCase Digest (G.R. No. 241348)
Facts:
- Antecedents
- Petitioners Loreto A. CaAaveras and Ofelia B. CaAaveras are accused of Falsification of Public Documents under Articles 172 and 171 of the Revised Penal Code, docketed as Criminal Case No. 17-0597 before the Municipal Trial Court in Cities (MTCC), San Fernando, Pampanga, presided by Judge Jocelyn P. Gamboa-Delos Santos.
- The case arose from an alleged forged Deed of Absolute Sale over a parcel of land transferred from Spouses Mariano to petitioners and others.
- Trial Proceedings
- Pre-trial on December 13, 2017 scheduled continuous trial dates: April 4; May 2; May 23; June 6; June 13; June 20; August 8; and August 22, 2018.
- On May 23, 2018, the prosecution’s witness Nenita G. Mariano was set for cross-examination. Petitioners’ counsel Atty. Vicente Dante P. Adan failed to appear, citing eye pain and headache.
- Orders of Judge Gamboa-Delos Santos
- May 23, 2018 Order deemed the defense’s absence a waiver of the right to cross-examine Nenita, invoking the Revised Guidelines for Continuous Trial of Criminal Cases (A.M. No. 15-06-10-SC).
- June 6, 2018 hearing: Atty. Adan moved to lift the waiver order, presenting an unnotarized medical certificate dated May 23, 2018; the prosecution objected (no valid postponement ground, no fee paid, certificate unnotarized); judge denied the motion and proceeded with the presentation of the second prosecution witness, Rodel G. Mariano, allowing use of his complaint-affidavit under the Revised Guidelines.
- Petition for Certiorari
- Petitioners filed a Rule 65 petition with the Supreme Court seeking certiorari to set aside the May 23 and June 6, 2018 Orders, a TRO/WPI to halt proceedings, and a declaration of unconstitutionality of the second sentence of Section 10(b) of A.M. No. 12-8-8-SC (Judicial Affidavit Rule).
- They alleged grave abuse of discretion in deeming waiver and in allowing Rodel’s testimony without a judicial affidavit, and challenged Sec. 10(b) as infringing the accused’s right to confront witnesses.
Issues:
- Is the second sentence of Section 10(b) of the Judicial Affidavit Rule unconstitutional?
- Did Judge Gamboa-Delos Santos commit grave abuse of discretion amounting to lack or excess of jurisdiction in issuing the June 6, 2018 Order deeming waiver?
- Did she commit grave abuse of discretion in allowing the presentation of Rodel Mariano despite non-compliance with the Judicial Affidavit Rule?
- Are petitioners entitled to a temporary restraining order or writ of preliminary injunction?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)