G.R. No. 47081 ; January 31, 1941
THE PEOPLE OF THE PHILIPPINES, petitioner, vs. RAFAEL PASCUA AND PORFIRIO PAGADUAN, respondents.

FACTS

The People of the Philippines filed a petition for a writ of certiorari to review a decision rendered by the Court of Appeals in a criminal case against respondents Rafael Pascua and Porfirio Pagaduan. The petitioner contended that the Court of Appeals erred by not forwarding the case to the Supreme Court. The basis for this contention was that the offense involved was the complex crime of robbery with homicide, for which the penalty prescribed under Article 294, No. 1 of the Revised Penal Code is reclusion perpetua to death. The petitioner argued that, under Sections 138 and 145-K of the Revised Administrative Code (as amended by Commonwealth Acts Nos. 3 and 259), the Court of Appeals was required to certify such a case to the Supreme Court.

ISSUE

Whether the Court of Appeals erred in not certifying the case to the Supreme Court under Sections 138 and 145-K of the Revised Administrative Code, as amended, given that the offense charged was robbery with homicide, which carries a penalty of reclusion perpetua to death.

RULING

The Supreme Court DENIED the petition. The Court held that while Section 145-K of the Revised Administrative Code, as amended, specifically refers to the certification of certain criminal cases from the Court of Appeals to the Supreme Court, the controlling factor is the facts involved in the case, not merely the classification of the offense charged. The Court presumed that the Court of Appeals’ decision not to elevate the case was made advisedly after a review of the records and consideration of the evidence. Furthermore, the Supreme Court characterized the present petition as, in effect, an exception to and an appeal by the Government from a judgment of conviction—a practice not sanctioned by law or authority. The petition was denied without costs.