Salvador vs. Chua
Salvador vs. Chua
Salvador vs. Chua
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* FIRST DIVISION.
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BERSAMIN, J.:
This appeal proposes to undo the decision promulgated on
December 12, 2013 in C.A.-G.R. S.P. No. 131486,1 whereby the
Court of Appeals (CA) granted the respondent’s petition for
certiorari and nullified the orders dated October 26, 2011 and
August 8, 2013 of the Regional Trial Court (RTC) in Pasay City
respectively giving due course to the petitioner’s notice of appeal,
and allowing him to post bail for his provi-
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The RTC then issued a warrant for the petitioner’s arrest. He was
apprehended on April 7, 2011, or eight days from the promulgation
of the judgment finding him guilty.7
The petitioner filed his Motion for Leave to file Notice of Appeal
dated April 13, 2011,8 and attached thereto the medical certificate
dated March 30, 2011 purportedly issued by Dr. Paulo Miguel A.
David,9 certifying that the petitioner had submitted himself to a
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On its part, the Prosecution, represented by the private
prosecutor, filed its Motion for Reconsideration against the order
issued on October 26, 2011,17 attaching to the motion the affidavit
executed by Dr. Paolo Miguel A. David18 affirming that he had not
examined the petitioner on March 30, 2011; that he had not issued
any medical certificate in favor of the petitioner; that his name of
Paolo had been misspelled Paulo in the medical certificate submitted
by the petitioner; that the signature appearing in the medical
certificate was not his; and that the Rizal Medical Center did not
officially issue the medical certificate in question.
The petitioner opposed the Prosecution’s Motion for
Reconsideration,19 and prayed that he be allowed to post bail pend-
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16 Id., at p. 129.
17 Id., at pp. 130-153.
18 Id., at p. 156.
19 Id., at pp. 157-171.
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The CA denied the petitioner’s motion for reconsideration in its
resolution promulgated on June 4, 2014.25
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20 Id., at p. 172.
21 Id., at pp. 233, 272.
22 Id., at pp. 272-274.
23 Id., at pp. 275-337.
24 Id., at pp. 56-57.
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Issues
Hence, this appeal, whereby the petitioner contends that the CA
erred in rendering its December 12, 2013 decision because: (1) the
respondent had no legal personality to challenge the assailed orders
of the RTC because only the Office of the Solicitor General (OSG)
could appeal in a criminal case in behalf of the State; (2) she had no
legal personality to file the petition for certiorari in the CA because
her Motion for Execution in respect of the civil aspect of the
criminal case had already been granted by the RTC; and (3) his
hypertension on the date of the promulgation of the decision by the
RTC constituted a justifiable cause for him to regain the right to
avail himself of the remedies under the Rules of Court against the
judgment of conviction.
The issues are, therefore: (1) whether the respondent as the
complainant in the criminal case had the legal personality to file the
petition for certiorari in the CA to assail the orders of the RTC
despite the lack of consent of the OSG; and (2) whether the
petitioner had lost his standing in court for his failure to appear at
the promulgation of his conviction.
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The Court has stressed that the People of the Philippines, being
the real party-in-interest in every criminal proceedings, can be
represented only by the OSG in criminal proceedings in the CA or in
this Court.26 Yet, this rule admits of exceptions, for as pronounced in
Rodriguez v. Gadiane:27
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26 Jimenez v. Sorongon, G.R. No. 178607, December 5, 2012, 687 SCRA 151,
160.
27 G.R. No. 152903, July 17, 2006, 495 SCRA 368, 372.
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aggrieved parties are the State and the private offended party or
complainant.
It was further held in De la Rosa that the complainant has such an
interest in the civil aspect of the case that he may file a special civil action
questioning the decision or action of the respondent court on jurisdictional
grounds. In so doing, complainant should not bring the action in the name of
the People of the Philippines. He should do so and prosecute it in his name
as such complainant. In the same vein, the cases of Martinez v. Court of
Appeals, Santos v. Court of Appeals, and Chua v. Court of Appeals adhere to
the doctrines mentioned above.
Yet, although the respondent’s Motion for Execution had already
been granted by the RTC, the CA still held that she continued to
have an interest in the litigation, observing as follows:
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We affirm the CA’s holding on the respondent’s legal standing to
institute the special civil action for certiorari in order to annul the
questioned orders of the RTC. For sure, her interest in the criminal
case did not end upon the granting of her Motion for Execution
because the questioned orders opened the possibility of defeating the
judgment in her favor should the CA reverse or modify his
conviction. She remained an aggrieved party like the State in every
sense, and, consequently, she had as much right as anyone else in the
criminal proceedings to adopt and to take the necessary procedural
steps within the bounds of the Rules of Court to serve and protect
her substantial interest. Although it is true that she could be
represented by the OSG if it wanted to, she would be reckless at that
point to be disinterested in the appellate proceedings. Moreover, we
would violate her fundamental right to due process of law if we were
to deny her the opportunity to assail and set aside the improperly
resurrected appeal of the petitioner.
2.
Petitioner has lost his right to appeal his conviction
Section 6, Rule 120 of the Rules of Criminal Procedure
pertinently states:
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As the rule expressly indicates, the promulgation of the judgment
of conviction may be done in absentia. The accused in such case is
allowed a period of 15 days from notice of the judgment to him or
his counsel within which to appeal; otherwise, the decision becomes
final.29 The accused who fails to appear at the promulgation of the
judgment of conviction loses the remedies available under the Rules
of Court against the judgment, specifically: (a) the filing of a motion
for new
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29 Almuete v. People, G.R. No. 179611, March 12, 2013, 693 SCRA 167, 169-
170.
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trial or for reconsideration (Rule 121), and (b) an appeal from the
judgment of conviction (Rule 122). However, the Rules of Court
permits him to regain his standing in court in order to avail himself
of these remedies within 15 days from the date of promulgation of
the judgment conditioned upon: (a) his surrender; and (b) his filing
of a motion for leave of court to avail himself of the remedies,
stating therein the reason for his absence. Should the trial court find
that his absence was for a justifiable cause, he should be allowed to
avail himself of the remedies within 15 days from notice of the order
finding his absence justified and allowing him the available remedies
from the judgment of conviction.30
Under Section 6, supra, the personal presence of the petitioner at
the promulgation of the judgment in Criminal Case No. R-PSY-08-
04689-CR was mandatory because the offense of which he was
found guilty was not a light felony or offense.31 He was charged
with and actually found guilty of estafa, and meted the
indeterminate sentence of four years and two months of prisión
correccional, as minimum, to 20 years of reclusion temporal, as
maximum.
Based on the records, the promulgation of the judgment was on
March 30, 2011; hence, the petitioner had only until April 14, 2011
within which to meet the mandatory requirements under Section 6,
supra.
In the attempt to regain his right to avail himself of the remedies
under the Rules of Court, the petitioner filed a Motion for Leave to
File a Notice of Appeal, and attached thereto the medical certificate
issued by Dr. Paulo Miguel David. Yet, he did not thereby establish
that his absence had been for a
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30 Villena v. People, G.R. No. 184091, January 31, 2011, 641 SCRA 127, 134-
135.
31 Under Article 9 of the Revised Penal Code, light felonies are those infractions
of law for the commission of which the penalty of arresto menor (one to 30 days of
imprisonment), or a fine not exceeding P200.00, or both is imposable.
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that the Rizal Medical Center issued the certificate. The petitioner
later submitted another medicate certificate, which, aside from being
belatedly issued, went unsupported and unauthenticated by the
testimony of the alleged issuing physician, who turned out to be an
OB-Gynecologist. The CA justly discredited the certificates.32
Even assuming that he had suffered hypertension, which could
have validly excused his absence from the promulgation, the
petitioner did not fulfill the other requirement of Section 6, supra, to
surrender himself to the trial court. The term surrender used in the
rule visibly necessitated his physical and voluntary submission to
the jurisdiction of the court to suffer any consequences of the verdict
against him.33
In its assailed decision, therefore, the CA unavoidably declared
the petitioner to have lost his standing in court because of his
noncompliance with Section 6, supra. His failure to fulfill the
requirements rendered the conviction final and immutable.34 He
ought to be reminded that the right to appeal, being neither a natural
right nor a part of due process, is a merely statutory privilege that
should be exercised in the manner and in accordance with the
provisions of the law establishing the right; otherwise, it is lost.35
WHEREFORE, the Court AFFIRMS the decision promulgated
on December 12, 2013; and ORDERS the petitioner to pay the costs
of suit.
SO ORDERED.
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Judgment affirmed.
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