G.R. No. 193150. January 23, 2017

'''G.R. No. 193150. January 23, 2017''' is a decision 2017 by the Supreme Court.

Case Details

 * Loida M. Javier Vs. Pepito Gonzales
 * G.R. No. 193150. January 23, 2017


 * Chief Justice Maria Lourdes Sereno
 * http://sc.judiciary.gov.ph/pdf/web/viewer.html?file=/jurisprudence/2017/january2017/193150.pdf
 * Concurring Opinion
 * Alfredo Benjamin Caguioa
 * http://sc.judiciary.gov.ph/pdf/web/viewer.html?file=/jurisprudence/2017/january2017/193150_caguioa.pdf

Issue

 * Whether there was a valid promulgation of judgment by Judge Buted in her prior Decision of conviction
 * Whether Judge Soluren's subsequent judgment of acquittal is valid
 * Whether a special civil action for certiorari under Rule 65 is the proper remedy to question a decision of acquittal

Info
Two Decisions were promulgated by the trial court in this case: the first one for conviction, and the second for acquittal. We are called upon to resolve the procedural question of whether the promulgation in absentia of the earlier judgment of conviction was valid.

Judge Buted's Decision convicting respondent was validly promulgated.

Judge Soluren's Decision acquitting respondent is void and has no legal effect.

Double jeopardy is not triggered when the order of acquittal is void.

Decision
WHEREFORE, the foregoing Petition is GRANTED. The assailed Decision of the Court of Appeals in CA-G.R. SP No. 97629 dated 22 March 2010 and Resolution dated 30 July 2010 are REVERSED and SET ASIDE.

The Decision of Branch 40 of the Regional Trial Court of Palayan City, Nueva Ecija dated 31 October 2006 and Order dated 18 April 2006, rendered by public respondent Judge Corazon D. Soluren acquitting respondent xxx, are likewise REVERSED and SET ASIDE for having been issued with grave abuse of discretion amounting to lack or excess of jurisdiction. The Decision dated 22 December 2005 rendered by Judge Erlinda P. Buted is REINSTATED.

The Court of Appeals is hereby ordered to conduct the mandatory and automatic review of the Decision dated 22 December 2005 pursuant to Sections 3 and 10, Rule 122 of the Rules of Court. Let the entire records of Criminal Case No. 1066-P entitled People of the Philippines v. Pepito Gonzales be immediately TRANSMITTED to the Court of Appeals.

The bail granted to respondent xxx is CANCELLED. Let copies of this Decision be furnished the Director of the National Bureau of Investigation and the Director-General of the Philippine National Police. The National Bureau of Investigation and the Philippine National Police are hereby DIRECTED to cause the IMMEDIATE ARREST and DETENTION of respondent xxx.