Case Summary (A.M. No. MTJ-96-1112)
Evidence Presentation
During the prosecution's case, witness Benjamin Lee, a room boy at the restaurant, testified that Sembrano fled from the scene of the fire and ignored his calls to stop. Following Lee's initial testimony on December 8, 1987, he was questioned again on April 26, 1988, where further examination occurred. Subsequently, the original defense counsel, Benjamin Formoso, withdrew from representation, and Eduardo S. Rodriguez entered the case.
Recall of Witness
On June 8, 1988, Atty. Rodriguez sought to recall Benjamin Lee for additional examination, asserting that the initial cross-examination was insufficient. Defense counsel cited the consequences of the gravity of the charges as justification for Lee's recall to ensure Sembrano’s full opportunity for defense. Despite objections from the prosecution, the Trial Court approved the motion. However, efforts to produce Lee for further questioning were unsuccessful, as he had left his job without providing a forwarding address.
Prosecution's Motion
On October 1, 1990, the prosecution filed a motion highlighting its failure to procure Lee’s reappearance, arguing that he had been thoroughly examined already, and requested to conclude their presentation of evidence. The Trial Court denied this motion in an Order dated October 2, 1990, asserting that Lee's testimony was struck from the record due to incomplete cross-examination, which it attributed to the prosecution's inability to produce Lee.
Supreme Court's Review of Discretion
The Supreme Court of the Philippines evaluated whether the Trial Court had exercised its discretion properly in recalling Lee and then in striking out his testimony. The Court pointed out that while the Trial Court has the authority to grant a recall, this discretion is not unfettered. It emphasized that a mere claim of the need for further examination without concrete specifics does not justify the recall.
Abuse of Discretion
It was concluded that the Trial Court acted with grave abuse of discretion by approving the recall based solely on general assertions. Additionally, the st
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Case Overview
- The case involves a special civil action of certiorari filed to annul an order from the Regional Trial Court of Kalookan City, which was presided over by Judge Bayani S. Rivera.
- The case number is Criminal Case No. 28820 (87), concerning the charge of arson against the accused, Wilfredo L. Sembrano.
- The prosecution alleged that Sembrano willfully caused a fire on May 21, 1987, that completely destroyed the second and third floors of the "I Love You Restaurant and Sauna Bath" owned by Juanito L. Tan.
Key Witness Testimony
- Benjamin Lee, a room boy at the restaurant, was a primary witness for the prosecution.
- Lee testified that Sembrano fled from the VIP room, where the fire originated, ignoring Lee’s attempts to stop him during his initial examination on December 8, 1987.
- Lee returned to the stand on April 26, 1987, for cross-examination, redirect examination, and recross-examination by defense counsel.
Change of Counsel and Motion to Recall Witness
- After the prosecution completed its presentation, defense counsel Benjamin Formoso withdrew, and Eduardo S. Rodriguez took over the case.
- On June 8, 1988, Rodriguez filed a motion to recall Benjamin Lee, stating that upon reviewing Lee’s testimony, he believed there were important questions that should have been asked during the cross-examination.
- The motion emphas