Case Summary (G.R. No. L-37933)
Petitioner
Fiscals Celso M. Gimenez and Federico B. Mercado, who filed the petition to compel the trial court to render judgment against de la Vega Jr.
Respondents
Judge Ramon E. Nazareno and private respondent Teodoro de la Vega Jr., whose proceedings were held in abeyance.
Key Dates
- August 3, 1973: Murder complaint filed.
- August 22, 1973: Arraignment; all accused pleaded not guilty.
- September 18, 1973: First scheduled hearing (de la Vega Jr. did not appear).
- November 6, 1973: Lower court decision dismissing five accused and suspending proceedings as to de la Vega Jr.
- November 16–22, 1973: Motion for reconsideration denied.
- April 15, 1988: Supreme Court decision.
Applicable Law
1973 Constitution, Article IV, Section 19: Guarantees presumption of innocence, right to be heard by counsel, to confront witnesses, and authorizes trial in absentia after arraignment upon due notice and unjustified absence.
Issues
- Does a court lose jurisdiction over an accused who escapes custody after arraignment?
- Does an accused tried in absentia retain the right to present evidence and cross-examine witnesses?
Facts
All six accused were duly arraigned and informed of hearing dates. Before trial commenced, de la Vega Jr. escaped custody and failed to appear. Petitioners moved to proceed in absentia under Section 19. The trial court heard evidence, dismissed five accused, but postponed ruling for de la Vega Jr., reserving his right to cross-examine upon return.
Ruling on Jurisdiction
Jurisdiction over an accused, once acquired by arrest or voluntary arraignment, continues until case termination. Escape does not divest the court of jurisdiction over the accused’s person.
Ruling on Trial in Absentia
Section 19 allows trial to proceed in absentia when (1) arraignment has occurred, (2) the accused has been duly notified, and (3) absence is unjustified. All requisites were met. The trial court erred in suspending proceedings and failing to render judgment upon evidence adduced.
Waiver of Rights
By unjustifiably absenting himself after notice, the accused waived personal rights to confront witnesses a
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Facts
- On August 3, 1973, six individuals, including private respondent Teodoro de la Vega, Jr., were charged with murder before the Court of First Instance of Cebu.
- On August 22, 1973, all accused appeared for arraignment and pleaded not guilty.
- The trial was scheduled for September 18, 1973 at 1:00 PM; notices were duly served and signed by each accused.
- Prior to the hearing, Teodoro de la Vega, Jr. escaped from detention and failed to appear at the scheduled trial.
- The fiscals (petitioners) moved to proceed with trial in absentia under Section 19, Article IV of the 1973 Constitution.
- The lower court admitted the prosecution’s evidence in de la Vega’s absence but reserved his right to testify upon reappearance.
- On November 6, 1973, the court dismissed charges against the five present co-accused and held proceedings against de la Vega in abeyance, permitting cross-examination and defense once jurisdiction was regained.
- A motion for reconsideration by the petitioners was denied on November 22, 1973, leading to this petition for certiorari and mandamus.
Issues Presented
- Does the court lose jurisdiction over an accused who escapes after having been arraigned?
- Under Section 19, Article IV of the 1973 Constitution, does an accused tried in absentia retain the right to present evidence and to confront and cross-examine witnesses?
Jurisdiction Over the Person
- Jurisdiction in criminal cases attaches by arrest or voluntary