Title
Cea vs. Cinco
Case
G.R. No. L-7075
Decision Date
Nov 18, 1954
Respondents acquitted of malversation; prosecution sought reconsideration. New judge attempted to modify acquittal, but Court of Appeals ruled original decision final, barring double jeopardy. Supreme Court affirmed.

Case Summary (G.R. No. L-7075)

Relevant Legal Proceedings

The original trial resulted in a decision dated June 28, 1951, where Judge Jose B. Rodriguez acquitted all the accused, except for Treasurer Francisco Martinez, who was convicted of malversation through negligence. The decision was recorded in the criminal docket by the clerk of court on July 5, 1951, and specified the penalties imposed on Martinez.

Appeal for Reconsideration

Following the original verdict, the prosecution filed motions for reconsideration seeking to modify the decision by condemning all acquitted parties to pay indemnity. There were subsequent motions filed by both the respondents and Francisco Martinez for a new trial and to oppose the prosecution’s requests.

Jurisdictional Challenges

Following the turmoil over Judge Rodriguez's decision, Judge Cea attempted to issue a new decision on the same cases. Respondents filed a petition for prohibition to prevent Judge Cea from proceeding, asserting that he lacked the authority to reconsider or modify the prior acquittal. This petition was dismissed, indicating that appeal was the correct course should any conviction occur.

Procedural Developments

Judge Cea’s new decision was set for reading multiple times, facing delays and further orders denying motions for a new trial and suspending promulgation. Respondents sought a definitive legal determination on these proceedings, culminating in a petition for certiorari filed in the Court of Appeals.

Court of Appeals Decision

The Court of Appeals ultimately granted the respondents' petition, declaring all orders issued by Judge Cea following Judge Rodriguez’s acquittal, null and void. These included decisions about new trials and the proceeding's legality, affirming that no subsequent decision could derogate from Judge Rodriguez’s acquittal.

Legal Principles of Promulgation

One salient issue was whether the decision of Judge Rodriguez had been properly promulgated. The court reiterated that the reading of a judgment in the presence of an accused is not mandatory when acquitted. The jurisprudence indicates that only in cases of conviction for grave or less grave offenses is the defendant's presence necessary to ensure proper procedural safeguards.

Implications on Double Jeopardy

The court clarified that since Judge Rodriguez’s judgment of acquittal was validly pr

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