G.R. No. 18755. August 31, 1961
PEOPLE OF THE PHILIPPINES, ET AL., PETITIONERS, VS. THE HONORABLE ANGEL MOJICA, ETC., ET AL., RESPONDENTS.
Decisions / Signed Resolutions August 31, 1961 DIZON, J.:
DIZON, J.:
The petition for certiorari before us alleges, in substance, that on April 29, 1961, in People vs.
Marcial Ama y Perez, et al., (G. R. No. L-14783), we affirmed on review
the death penalty imposed upon Marcial Ama y Perez by the Court of
First Instance of Rizal in Criminal Case No. 422-R; that on July 25,
1961, after the return of the record below, the court fixed the
execution of Ama for Friday, August 4, 1961; that on August 3, 1961, on
motion of counsel de oficio, Delfin L. Gonzalez, the
respondent Judge issued an order suspending the execution scheduled for
August 4, 1961 and ordering the Acting Director of Prisons to execute
the convict on September 4, 1961; that on August 11, 1961 petitioner
Acting Director of Prisons filed a motion for reconsideration on the
ground that under the Constitution of the Philippines only the
President can suspend the execution of a prisoner, but said motion was
denied by the respondent judge on August 18, 1961 in spite of the fact
that His Honor had been informed that the President had already issued
a reprieve for the same convict to end on September 3, 1961.
Marcial Ama y Perez, et al., (G. R. No. L-14783), we affirmed on review
the death penalty imposed upon Marcial Ama y Perez by the Court of
First Instance of Rizal in Criminal Case No. 422-R; that on July 25,
1961, after the return of the record below, the court fixed the
execution of Ama for Friday, August 4, 1961; that on August 3, 1961, on
motion of counsel de oficio, Delfin L. Gonzalez, the
respondent Judge issued an order suspending the execution scheduled for
August 4, 1961 and ordering the Acting Director of Prisons to execute
the convict on September 4, 1961; that on August 11, 1961 petitioner
Acting Director of Prisons filed a motion for reconsideration on the
ground that under the Constitution of the Philippines only the
President can suspend the execution of a prisoner, but said motion was
denied by the respondent judge on August 18, 1961 in spite of the fact
that His Honor had been informed that the President had already issued
a reprieve for the same convict to end on September 3, 1961.
It is clear from the foregoing facts that the reprieve granted by
the Chief Executive will end on September 3, 1961 and that thereafter
the corresponding authorities would be free to carry out the execution
of the convict mentioned heretofore in accordance with the order of the
respondent Judge issued on August 3, 1961. We believe, therefore, that
the issue involved in the petition under consideration has become moot.
Wherefore, the petition for certiorari is hereby dismissed, with costs.
Bengzon, C. J., Padilla, Concepcion, Reyes, J. B. L., Barrera, Paredes, De Leon, and Natividad, JJ., concur.
Bautista Angelo and Labrador, JJ., took no part.