Facts:
In the municipality of San Carlos, an altercation occurred resulting in injuries to Fortunato Uacay and Faustino Balunes. Consequently, two separate criminal cases were filed. Case No. 601 was filed against Marcos Zafra, Pablo Rocusalen, Felix Lubasan, and Nicolas Marino for the injuries inflicted upon Faustino Balunes. Case No. 603 was filed solely against Marcos Zafra for the injuries inflicted upon Fortunato Uacay. Both cases were scheduled for trial on the same day. During the trial of Case No. 601, the prosecution completed its evidence presentation, after which it moved to consolidate this case with Case No. 603. Marcos Zafra, the defendant in both cases, consented to the consolidation and the trial court ordered the same. The consolidated case concluded with Marcos Zafra and two other defendants being convicted and sentenced to four months’ imprisonment, while one defendant was acquitted. Only Marcos Zafra appealed the conviction.
Issues:
1. Whether the appellant, having consented to the consolidation of two separate cases into one, can challenge the legality of the order of consolidation on appeal.
2. Whether the conviction and sentence can stand if the consolidation of the two cases was indeed illegal.
Court’s Decision:
The Supreme Court of the Philippines affirmed the lower court’s judgment. The appellant’s point of contention on appeal was that the consolidation of the two cases was illegal, rendering the subsequent judgment void. However, the Supreme Court held that the appellant cannot assert the illegality of the consolidation order since he previously consented to it. By giving his consent, the appellant waived his right to challenge the consolidation on appeal.
Furthermore, the Supreme Court indicated that even if the consolidation could have been challenged, doing so would not have been to the appellant’s advantage. It was suggested that the consolidation ultimately benefited him since the single four-month prison sentence was less severe than the potential combined sentences for each case, which could have amounted to eight months of imprisonment.
Doctrine:
A defendant who explicitly consents to a procedural action in lower court proceedings, such as the consolidation of separate cases, waives any right to later challenge that action as a ground for error on appeal.
Historical Background:
This case illustrates early 20th-century procedural practices in Philippine jurisprudence where defendants could be tried in consolidated cases for distinct but related criminal charges. The principles of waiver and consent regarding trial procedure are central to the decision, wherein consent to a legal procedure in the trial court binds the parties, including during subsequent appeals. The case is also significant because it sets a precedent for the judicial interpretation of procedural consent and its consequences on appeals.
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