Facts: A case of three men who were charged for the murder of Saturnina on Sept. 13, 1974. During the hearing on Nov. 26, 1974, upon motion of the defense the Court ordered the re-investigation of the case pending submission of the Fiscal of its reports. Couple of postponements was made until Dec. 13, 1974 hearing when the Court proceeded with the arraignment and trial in the absence of the Fiscal and its report on re-investigation, and over the disagreement of the defense. The CFI of Leyte relied on the private prosecutor being authorized by the Fiscal to present evidence and the defense presumed to have waived its right over its disagreement. Trial then proceeded and the 3 found guilty of he offense. Thus, this appeal on the constitutional requirement of due process.
Issue: Whether or not due process of law had been observed.
Held: Constitutional due process was violated, thus, case remanded to CFI for arraignment and trial. Court should have held in abeyance the trial while the report on e-investigation was still pending. Consistent disregard of the defense objection on the arraignment, trial, presentation of private prosecutor’s evidence, and rendition of judgment violates due process. Prosecutor or Fiscal entrusted with the investigation is duty bound to take charge until final termination. They shall have direction and control of the criminal prosecution over private prosecutors.
0 comments:
Post a Comment