Case Digest (G.R. No. 152643) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In Concepcion Cuenco Vda. de Manguerra v. Risos, respondents Raul G. Risos, Susana Yongco, Leah Abarquez, and Atty. Gamaliel D.B. Bonje were charged on November 4, 1999 in Criminal Case No. CBU-52248 before the Regional Trial Court (RTC) of Cebu City, Branch 19, with Estafa Through Falsification of Public Document for allegedly forging the signature of Concepcion Cuenco Vda. de Manguerra on a mortgage deed covering the “Gorordo property.” Earlier, on September 10, 1999, Concepcion had been hospitalized in Makati Medical Center due to gastrointestinal bleeding, rendering her physically infirm and confined in Manila. On November 24, 1999, respondents moved to suspend the criminal proceedings on the ground of a prejudicial question, arguing that Civil Case No. CEB-20359 (an action for annulment of the same mortgage) should first be resolved. The RTC granted the motion on May 11, 2000 and denied reconsideration on June 5, 2000. Concepcion sought certiorari relief from the Court of A Case Digest (G.R. No. 152643) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Parties and Case Background
- Petitioners: Concepcion Cuenco Vda. de Manguerra and Hon. Ramon C. Codilla, Jr., Presiding Judge, RTC Cebu City, Branch 19.
- Respondents: Raul Risos, Susana Yongco, Leah Abarquez, and Atty. Gamaliel D.B. Bonje.
- Underlying Criminal Proceedings (RTC CBU-52248)
- October 27, 1999 (amended November 18, 1999): Criminal information for Estafa Through Falsification of Public Document filed against respondents.
- Allegation: falsified real estate mortgage deed on the “Gorordo property,” purportedly signed by Concepcion Cuenco.
- Health and Suspension Motions
- September 10, 1999: Concepcion, while on vacation in Manila, confined at Makati Medical Center for upper gastrointestinal bleeding and ordered to remain for treatment.
- November 24, 1999: Respondents moved to suspend criminal proceedings due to prejudicial question pending in Civil Case CEB-20359 (nullity of mortgage).
- May 11, 2000: RTC granted suspension; June 5, 2000: Motion for reconsideration denied. Concepcion filed CA certiorari (CA-G.R. SP 60266) challenging those orders.
- Deposition of Concepcion Cuenco
- August 16, 2000: Motion to take Concepcion’s deposition filed, citing her advanced age and infirmity.
- August 25, 2000: RTC granted motion; directed deposition before the Clerk of Court in Makati City; November 3, 2000: Motion for reconsideration denied.
- March 9, 2001: Deposition taken at Concepcion’s residence after venue motions.
- Proceedings in the Court of Appeals
- CA-G.R. SP 62551: Respondents assailed RTC’s August 25 and November 3, 2000 orders.
- August 15, 2001 Decision: CA set aside both RTC orders and declared any deposition taken thereunder void.
- March 12, 2002 Resolution: Denied motion for reconsideration, citing need for face-to-face confrontation under Section 15, Rule 119, RPC.
- Petition for Review Before the Supreme Court
- Filed under Rule 45, challenging CA’s application of procedural rules and the non-joinder of the People of the Philippines.
- Presented two primary issues for resolution (see Issues below).
Issues:
- Whether Rule 23 of the 1997 Rules of Civil Procedure applies to the deposition of petitioner in a criminal case.
- Whether the failure to implead the People of the Philippines in a certiorari petition arising from a criminal case constitutes a waivable defect.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)