The Court of Appeals (CA) promulgated last Sept. 15 a decision in a criminal case that was written in Filipino, not in English which is traditionally used in court proceedings and in the issuance of orders and rulings.
It was written by Associate Justice Apolinario D. Bruselas Jr. with the concurrence of Associate Justices Ronaldo Roberto B. Martin and Alfonso C. Ruiz of the CA’s fifth division.
The case is titled “Sambayanang Pilipinas (People of the Philippines- Nagsasakdal) laban kay (versus) Ernesto Jovenn C. Cortel at Val Jeric D. Solis (Mga Nasasakdal).”
The decision denied the appeal filed by Cortel and Solis who were both convicted by the Valenzuela City regional trial court (RTC) in 2020 and sentenced to a prison term ranging from eight to 14 years for homicide.
The trial court found Cortel and Solis guilty beyond reasonable doubt for death of Gilbert Clorion on Sept. 12, 2013.
They were ordered by the RTC to pay Clorion’s family P43,872.50 as actual damages; P50,000 as civil indemnity, P50,000 as moral damages; and P50,000 as exemplary damages with six percent interest until fully paid.
In its decision, the CA said:
“Kung kaya naman, pinagtitibay ng Hukuman ang hatol ng mababang hukuman na natagpuan ang mga nasasakdal na nagkasala sa kasong pagpatay o homicide ng walang makatuwirang pagdududa. Wasto rin ang parusang hinatol ng mababang hukuman. (Therefore, this Court affirms the decision of the lower court which found the accused guilty of homicide beyond reasonable doubt. The lower court also imposed the correct penalty).”
The dispositive portion stated:
“DAHIL DITO, ang apela ay hindi pinapahintulutan. Ang hatol ng mababang hukuman na nagkasala ang mga nasasakdal sa kasong pagpatay o homicide ay IPINAG-TITIBAY, maliban na lamang sa utos na magbayad ang mga nasasakdal ng exemplary damages, na tinatanggal ng Hukuman. ITO AY IPINAG-UUTOS. (WHEREFORE, the appeal is denied. The decision issued by the lower court is AFFIRMED except on the order to pay exemplary damages which is ordered deleted by this Court. SO ORDERED).”
Lawyer Brian Keith F. Hosaka, chief of the Supreme Court’s public information office (PIO), said:
"I believe there might have already been court decisions penned using the Filipino language before. As to how many, I don’t have the data readily available. However, you may look at the 1999 Supreme Court case People vs Vinuya GR No. 125925. That decision is in Filipino." Hosaka said.
The accused in the case cited by Hosaka was convicted of abusing a minor.