GR L 25308; (May, 1968) (Digest)
G.R. No. L-25308 May 22, 1968
ELISEO EGUIA DUMAPIG, petitioner, vs. HON. GERONIMO R. MARAVE, Presiding Judge, Branch II (Ozamiz City), Court of First Instance of Misamis Occidental; and THE CITY FISCAL and/or THE SPECIAL COUNSEL OF OZAMIZ CITY, respondents.
FACTS
Petitioner Eliseo Eguia Dumapig and others were charged with murder, with assault upon an agent of a person in authority, before the Court of First Instance of Ozamiz City. After the prosecution rested its case, the defense filed a motion to dismiss, which the respondent judge denied. The continuation of the trial was set, but the defense filed motions to postpone on the ground that the transcript of the stenographic notes of the prosecution witnesses’ testimony was not yet available. The court granted postponements but issued warnings against further delays. On November 14, 1965, the court postponed the trial again due to the stenographer’s inability to transcribe the notes, warning that no further postponement would be granted and denying the defense’s motion for an indefinite postponement. On November 15, 1965, petitioner filed the present petition for certiorari and prohibition to prevent the continuation of the trial, claiming the denial of his motion for indefinite postponement until the transcript is filed violated his right to defend himself properly.
ISSUE
Whether the respondent judge acted illegally in denying the petitioner’s motion for an indefinite postponement of the trial until the transcript of the prosecution witnesses’ testimony is made available, thereby violating the petitioner’s right to defend himself properly.
RULING
The petition has absolutely no merit. No legal provision supports the petitioner’s view that an accused in a criminal case is entitled to have the transcript of the stenographic notes of the prosecution witnesses’ testimony made available to him before he may be compelled to produce his evidence. It is the duty of his counsel to take notes of the testimony of said witnesses to be in a position to present necessary evidence to prove the client’s innocence. Under the Rules, all that a defendant in a criminal case is entitled to is two days after arraignment to prepare for trial, which the petitioner has enjoyed and more. The petition is dismissed and the writs prayed for are denied. The records of the criminal case are ordered remanded to the Court of First Instance of Ozamiz City for the immediate continuation of the trial.