G.R. No. L-14682; November 29, 1960
FRANCISCO EVARISTO, PEDRO CARDEÑO and AGUSTIN MIANO, petitioners, vs. HON. OLEGARIO LASTRILLA, Judge of the Court of First Instance of Samar, Branch IV, and The PROVINCIAL FISCAL OF SAMAR, respondents.

FACTS

The petitioners, together with six others, were charged with murder in Criminal Case No. 1246 of the Court of First Instance of Samar. After trial, the court rendered a judgment dated March 11, 1958, finding the petitioners guilty and sentencing them to reclusion perpetua. Their co-defendants were acquitted. Upon being notified of the judgment on March 29, 1958, the petitioners filed a notice of appeal and served a copy on the Provincial Fiscal on the same day. On April 10, 1958, they filed a motion for new trial on the ground of newly discovered evidence. Later, on July 28, 1958, they asked leave to amend this motion and attached an amended motion for new trial. After a hearing, the respondent court issued an order on August 7, 1958, declining to take cognizance of the motion for new trial for lack of jurisdiction, reasoning that the petitioners had already perfected their appeal from the judgment of conviction.

ISSUE

Whether the trial court (Court of First Instance of Samar) lost jurisdiction to act on the petitioners’ motion for new trial after they had perfected their appeal by filing a notice of appeal.

RULING

Yes, the trial court lost jurisdiction. The Supreme Court denied the petition for writs of certiorari and mandamus. The Court held that in criminal proceedings, an appeal is perfected by filing a notice of appeal with the trial court and serving a copy on the adverse party within fifteen days from the rendition of the judgment. Upon such perfection of the appeal, the trial court loses jurisdiction over the case, except to issue orders for the protection and preservation of the rights of the parties that do not involve matters litigated by the appeal. Since the petitioners filed and served their notice of appeal on March 29, 1958, they perfected their appeal on that date. Consequently, the trial court no longer had jurisdiction to pass upon their motion for new trial filed on April 10, 1958. The Court clarified that the petitioners have not lost their right to file a motion for new trial; they may file it with the Supreme Court, where the record of the case was transmitted and received on October 7, 1958. The cases of People vs. Bocar and People vs. Aranda cited by the petitioners were distinguished and found inapplicable to the present case.