10. Lasoy Et Al vs Judge Monina Zenarosa.docx Digest

August 15, 2018 | Author: Narciso Javelosa III | Category: Double Jeopardy, Probation, Crime & Justice, Crimes, Judiciaries
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case digest/brief of lasoy vs zenarosa...


MARCELO LASOY and FELIX BANISA, Petitioners, BANISA,  Petitioners, vs. HON. MONINA A. ZENAROSA, PRESIDING JUDGE, RTC, BR. 76, QUEZON CITY, and THE PEOPLE OF THE PHILIPPINES,  Respondents Facts: Marcelo and Felix were charged and convicted of the crime of Illegal sale of 42.410 grams of marijuana. They pleaded guilty and were sentenced to serve to suffer a jail term of 6 months and one day.On July 16, 1996 they were both convicted by RTC Quezon city (Branch 103, Judge Salazar) then after such conviction, the parties applied for probation. (note that this is an old law which allows probation, as it stands now violation of such law is NON PROBATIONABLE) On 28 August 1996, plaintiff People of the Philippines, filed two separate motions, first, to admit amended Information, and second, to set aside the arraignment of the accused, as well as the decision of the trial court dated 16 July 1996. In plaintiff’s motion to admit amended information alleging that the information was wrong that instead of 42.410 grams it should be 42.410 KILOS. KILOS. TC at first denied on the Motion to amend the Information but on MR it granted the same. The second information was raffled to the another branch in the RTC of Quezon City (branch 76, Judge Zenarosa). Both accused filed a Motion to Quash which was denied, the MR was also denied hence this petition. petition. Issues: 1. WON the TC erred in holding that there was no valid information filed and therefore the accused cannot claim the right against double jeopardy. (The TC committed an error, there was valid infomation filed and therefore double  jeopardy is present) 2. WON the RTC Branch 103 had jurisdiction over the case. (yes) Ruling: 1. Yes there was a valid information filed notwithstanding that there was a mistake in instead o f KILOS, Grams were written in the information that was filed against the accused. Rules of Court under Rule 110: Section 4. Information defined .  – An information is an accusation in writing charging a person with an offense subscribed by the fiscal and filed with the court. Section 6. Sufficiency of complaint or information. information .  – A complaint or information is sufficient if it states the name of the accused; the designation of the offense by the statute; the acts or omissions complained of as constituting the offense; the name of the offended party; the approximate time of the commission of the offense, and the place wherein the offense was committed  An information is valid as long as it distinctly distinctly states the statutory designation of the offense and the acts acts or omissions omissions constitutive thereof. The inescapable conclusion is that the first information is valid inasmuch as it sufficiently alleges the manner by which the crime was committed. With regard to double jeopardy issue,

Granting that alteration/tampering took place and the accused had a hand in it, this does not justify the setting aside of the decision dated 16 July 1996. The alleged tampering/alteration allegedly participated in by the accused may well be the subject of another inquiry. In Philippine Rabbit Bus Lines v. People, citing Section 7, Rule 120 Rules on Criminal Procedure, stated: A judgment of conviction may, upon motion of the accused, be modified or set aside before it becomes final or before appeal is perfected. Except where the death penalty is imposed a judgment [of conviction] becomes final after the lapse of the period for perfecting an appeal, or when the sentence has been partially or totally satisfied or served, or when the accused has waived in writing his right to appeal, or has applied for probation. The decision having attained finality after the a ccused applied for probation and the fact that amendment is no longer allowed at that stage. The Constitution is very explicit. Article III, Section 21, mandates that no person shall be twice put in  jeopardy of punishment for the same offense. In this case, it bears repeating that the accused had been arraigned and convicted. In fact, they were already in the stage where they were applying for probation. It is too late in the day for the prosecution to ask for the amendment of the information and seek to try again accused for the same offense without violating their rights guaranteed under the Constitution. 2. Yes the RTC Branch 103 had jurisdiction  A resolution superseding the resolution cited by the trial courts, specifically Administrative Order No. 51-96 dated 03 May 1996, vests the RTC with jurisdiction to try the case. The resolution provides: RE: SPECIAL COURTS FOR KIDNAPPING, ROBBERY, DANGEROUS DRUGS, CARNAPPING AND OTHER HEINOUS CRIMES UNDER R.A. NO. 7659 Pursuant to Sec. 23 of Batas Pambansa Blg. 129, in the interest of speedy and efficient administration of justice and subject to the guidelines hereinafter set forth, the following Regional Trial Court branches are hereby designated to exclusively try and decide cases o f KIDNAPPING FOR RANSOM, ROBBERY IN BAND, ROBBERY COMMITTED AGAINST A BANKING OR FINANCIAL INSTITUTION, VIOLATION OF THE DANGEROUS DRUGS ACT OF 1972,  AS AMENDED, AND VIOLATION OF THE ANTI-CARNAPPING ACT OF 1972, AS AMENDED, AND OTHER HEINOUS CRIMES defined and penalized under Rep. Act No. 7659, committed within their respective territorial  jurisdictions: 11. Branch 103, Quezon City, presided over by RTC JUDGE JAIME N. SALAZAR, JR.

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