Sandiganbayan junks prosecution’s appeal on falsification case
Published Jan 01, 2020 00:00 am
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Updated Jan 01, 2020 00:00 am
By Czarina Nicole Ong-Ki
The Sandiganbayan Sixth Division has junked the appeal of the prosecution, seeking to reverse the decision made by the Regional Trial Court (RTC) in Quezon City, Branch 95 dismissing its petition for certiorari.
Sandiganbayan (MANILA BULLETIN)
On November 4, the Office of the Ombudsman filed a falsification charge against Emmanuel Cuntapay and Gregorio Flores before the Metropolitan Trial Court (MeTC) in Quezon City, Branch 41.
They were accused of falsifying the certificate of live birth, affidavit of acknowledgment, and affidavit of delayed registration of Flora May Flores on June 19, 2001. They made it appear that Flora was born on December 22, 1996 at a residential address in Quezon City when in truth, the child was born on January 22, 1997 at the Chinese General Hospital and Medical Center in Manila.
On January 18, 2012, the accused pleaded "Not Guilty" to the charge, but had a change of heart on March 13 when Flores withdrew her plea and entered a "Guilty" plea for which she was sentenced to a penalty of imprisonment of two months and one day and to pay a fine of P5,000. On the other hand, trial ensued for Cuntapay.
But on September 14, 2015, Judge Analie Oga-Brual rendered a decision acquitting Cuntapay for the failure of the prosecution to prove his guilt beyond reasonable doubt. The Office of the Ombudsman filed a motion for reconsideration, but it was subsequently denied.
Not satisfied, the Office of the Ombudsman filed a petition for certiorari dated March 8, 2016 before the RTC. However, the same was denied on October 6, 2017 and the following motion for reconsideration was denied.
A Notice of Appeal was filed on March 7, 2018. Unfortunately for the prosecution, it found no success once again with the Sandiganbayan.
"This Court resolves to dismiss the petitioner-appellant's appeal for lack of jurisdiction," the resolution read.
"A judgment rendered without jurisdiction is a void judgment. Thus, to avoid wasting time and effort, on the part of both the Court, and of the parties, it is necessary to determine if this Court has the jurisdiction to act on the present appeal. This Court rules in the negative," it added.
The Sandiganbayan explained that the Ombudsman filed the case because the accused were public officers. However, the case should have been endorsed to the proper government office or agency because it was apparent that the offense was not committed in relation to office.
The eight-page resolution was written by Chairperson Sarah Jane Fernandez with the concurrence of Associate Justices Karl Miranda and Kevin Narce Vivero.
Sandiganbayan (MANILA BULLETIN)
On November 4, the Office of the Ombudsman filed a falsification charge against Emmanuel Cuntapay and Gregorio Flores before the Metropolitan Trial Court (MeTC) in Quezon City, Branch 41.
They were accused of falsifying the certificate of live birth, affidavit of acknowledgment, and affidavit of delayed registration of Flora May Flores on June 19, 2001. They made it appear that Flora was born on December 22, 1996 at a residential address in Quezon City when in truth, the child was born on January 22, 1997 at the Chinese General Hospital and Medical Center in Manila.
On January 18, 2012, the accused pleaded "Not Guilty" to the charge, but had a change of heart on March 13 when Flores withdrew her plea and entered a "Guilty" plea for which she was sentenced to a penalty of imprisonment of two months and one day and to pay a fine of P5,000. On the other hand, trial ensued for Cuntapay.
But on September 14, 2015, Judge Analie Oga-Brual rendered a decision acquitting Cuntapay for the failure of the prosecution to prove his guilt beyond reasonable doubt. The Office of the Ombudsman filed a motion for reconsideration, but it was subsequently denied.
Not satisfied, the Office of the Ombudsman filed a petition for certiorari dated March 8, 2016 before the RTC. However, the same was denied on October 6, 2017 and the following motion for reconsideration was denied.
A Notice of Appeal was filed on March 7, 2018. Unfortunately for the prosecution, it found no success once again with the Sandiganbayan.
"This Court resolves to dismiss the petitioner-appellant's appeal for lack of jurisdiction," the resolution read.
"A judgment rendered without jurisdiction is a void judgment. Thus, to avoid wasting time and effort, on the part of both the Court, and of the parties, it is necessary to determine if this Court has the jurisdiction to act on the present appeal. This Court rules in the negative," it added.
The Sandiganbayan explained that the Ombudsman filed the case because the accused were public officers. However, the case should have been endorsed to the proper government office or agency because it was apparent that the offense was not committed in relation to office.
The eight-page resolution was written by Chairperson Sarah Jane Fernandez with the concurrence of Associate Justices Karl Miranda and Kevin Narce Vivero.