GR 38187; (November, 1933) (Digest)
G.R. No. 38187 ; November 15, 1933
THE PEOPLE OF THE PHILIPPINE ISLANDS, petitioner, vs. MARIANO BUYSON LAMPA, Judge of First Instance of Tarlac, ARTEMIO CASTAÑEDA and PEDRO FERNANDEZ (alias PIRO), respondents.
FACTS
Respondents Artemio Castañeda and Pedro Fernandez were convicted of theft by the Court of First Instance of Tarlac. One day after the judgment was pronounced, they filed a written notice of appeal, which was allowed on the same day. Seven days after filing the notice of appeal, they filed a motion for a new trial in the trial court, which the respondent judge granted.
ISSUE
Whether the trial court retained jurisdiction to grant a motion for a new trial after the accused had perfected their appeal.
RULING
No. The trial court lost jurisdiction to grant a new trial once the appeal was perfected. Following established precedents (United States vs. De Iro and United States vs. Ballad and Tamaray), the moment an appeal is perfected, the trial court is divested of jurisdiction over the case, except for correcting clerical errors. Here, the appeal was perfected upon the filing and allowance of the notice of appeal. The subsequent motion for a new trial, filed and granted after perfection, was therefore null and void. The writ of certiorari was granted, annulling the order granting a new trial.
AI Generated by Armztrong.