Case Summary (G.R. No. 193034)
Case Background
Rodging Reyes was charged with Grave Threats under Article 282 of the Revised Penal Code in a complaint filed by Salud M. Gegato. The complaint stemmed from a telephone threat made by Reyes against Gegato, which he allegedly uttered at Avon Store in Bayugan, Agusan del Sur. Reyes asserted that the threats were made out of personal resentment, intending to instill fear in Gegato.
Procedural History
Before arraignment, Reyes filed a Motion to Quash based on jurisdiction and the classification of threats, claiming that the incident constituted Other Light Threats under Article 285 instead of Grave Threats. The Municipal Circuit Trial Court (MCTC) denied the motion, and subsequent attempts for reconsideration were likewise denied. Reyes also filed a Motion to Inhibit the presiding judge due to Gegato's status as court interpreter, which was rejected as lacking basis for disqualification.
MCTC Decision
On August 10, 2005, the MCTC found Reyes guilty of Grave Threats, sentencing him to imprisonment for two months and ordering him to pay moral damages and litigation costs to Gegato.
Regional Trial Court Appeal
Reyes appealed to the Regional Trial Court (RTC), which ultimately modified the initial ruling on April 2, 2007, finding him guilty of Other Light Threats instead, adjusting the imprisonment duration and reducing the moral damages awarded to Gegato, while maintaining the attorney's fee.
Subsequent Appeals
The petitioner struggled to file a timely Petition for Review before the Court of Appeals. His first Motion for Extension was denied due to incomplete payment of docket fees, and a second request for extension was similarly denied for lacking sufficient reason and documentation. The petition was dismissed for being filed beyond the reglementary period and for other procedural deficiencies.
Court of Appeals Resolution
The CA's November 23, 2009 resolution dismissed Reyes' second Motion for Reconsideration, emphasizing compliance with procedural standards for filing appeals. The resolution determined that Reyes' subsequent motions for reconsideration were prohibited by the Rules of Court as they were considered mere reiterations of previous arguments.
Supreme Court's Decision
The Supreme Court upheld the dismissal of Reyes' petition for lack
...continue readingCase Syllabus (G.R. No. 193034)
Case Background
- The case revolves around a Petition for Review on Certiorari filed by petitioner Rodging Reyes, challenging the Resolution dated November 23, 2009, of the Court of Appeals in CA-G.R. CR No. 00421-MIN.
- The original complaint was filed by private respondent Salud M. Gegato, charging Reyes with Grave Threats as per Article 282 of the Revised Penal Code.
- The incident occurred on October 16, 2001, where Reyes allegedly threatened Gegato via telephone, stating she should stop spreading rumors about his wife, with implications of potential violence.
Legal Proceedings
- Before the arraignment, Reyes filed a Motion to Quash, claiming lack of jurisdiction and that the alleged offense constituted Other Light Threats under Article 285, paragraph 2, instead of Grave Threats.
- The Municipal Circuit Trial Court (MCTC) denied the motion, as did subsequent motions for reconsideration filed by Reyes.
- Reyes also sought to inhibit the presiding judge due to Gegato's role as the court interpreter, which was also denied.
MCTC Decision
- On August 10, 2005, the MCTC found Reyes guilty of Grave Threats, sentencing him to imprisonment and imposing civil liabilities, including moral damages amounting to P100,000 and litigation expenses of P20,000.
Regional Trial Court (RTC) Appeal
- Reyes appealed to the Regional