G.R. No. L-46771. March 07, 1984
THE PEOPLE OF THE PHILIPPINES AND LUCIA BASAN, PETITIONERS, VS. HONORABLE MARCELINO M. FRANCISCO, JUDGE OF THE COURT OF FIRST INSTANCE OF DAVAO DEL SUR, GODOFREDO CABAHUG AND BE…
ABAD SANTOS, J.:
criminal case for concubinage. The decision acquitted the accused, the
private respondents, on a demurrer to the evidence after the
prosecution had rested its case.
The petitioners claim that they were denied due process because the Demurrer to Evidence did not have a notice of hearing.
True it is that the Demurrer to Evidence did not have a notice of
hearing. However, the petitioners were furnished a copy thereof and in
fact they filed an Opposition. The claim of denial of due process is,
therefore, without basis. Neither were the petitioners denied due
process when the respondent judge did not consider the evidence
mentioned in the Opposition to the demurrer for such evidence was not
formally presented.
Moreover, to reopen the case will place the private respondents in double jeopardy for assuming arguendo that
the respondent judge had committed a mistake, the error does not
vitiate the decision considering that he had jurisdiction over the case.
(City Fiscal of Cebu vs. Kintanar, L-31842, April 30, 1970, 32 SCRA
601.)
WHEREFORE, in accordance with the recommendation of the Solicitor
General who represents the People of the Philippines in criminal cases,
the instant petition is hereby dismissed for lack of merit.
SO ORDERED.
Makasiar, Acting C.J., (Chairman), Aquino, Concepcion, Jr., Guerrero, De Castro and Escolin, JJ., concur.