G.R. No. 100474 September 10, 1993
ARTILE GARBO and ALMABELLA GARDOSE, petitioners, vs. THE COURT OF APPEALS, PEOPLE OF THE PHILIPPINES, REGIONAL TRIAL COURT, BRANCH 21, MAMBUSAO, CAPIZ and ERLINDA ARTUZ, respondents.

FACTS

Petitioners Artile Garbo and Almabella Gardose, public school teachers, were charged with and convicted of direct assault in Criminal Case No. 937 by the Regional Trial Court (RTC). They were sentenced to an indeterminate penalty of imprisonment and a fine of P1,000.00 each. Their appeal to the Court of Appeals (CA-G.R. CR 03109) resulted in the affirmation of their conviction on June 1, 1988, with a modification imposing subsidiary imprisonment in case of insolvency for the fine. This decision became final and executory. On July 5, 1988, the petitioners applied for probation, which the RTC granted in its order of December 22, 1988. They each paid the P1,000.00 fine. The private respondent, Erlinda Artuz, moved for reconsideration of the probation grant. The RTC denied this motion on April 19, 1989. Artuz then petitioned the Court of Appeals (CA-G.R. 17647) to annul the RTC’s orders. On January 31, 1990, the Court of Appeals ruled that the annulment of the grant of probation to Artile Garbo was granted (as she was disqualified due to a prior conviction for grave oral defamation where she had paid a P200.00 fine), but the annulment of the grant to Almabella Gardose was denied. This decision became final. Subsequently, on February 7, 1991, Artuz filed a motion in CA-G.R. CR 03109 for clarification on whether the petitioners were subject to the prison term. The Court of Appeals, in a resolution dated March 11, 1991, ordered the execution of its June 1, 1988 decision. The petitioners filed various motions, including an urgent motion for reconsideration and a petition for certiorari to the Supreme Court (which was dismissed), leading to several resolutions from the Court of Appeals on May 13, 1991, June 14, 1991, and June 28, 1991. The RTC also issued a warrant of arrest on June 11, 1991.

ISSUE

Whether the Court of Appeals resolutions dated March 11, 1991, May 13, 1991, June 14, 1991, and June 28, 1991, and the RTC’s warrant of arrest dated June 11, 1991, are valid, particularly in light of the final and executory decision of January 31, 1990, which granted probation to Almabella Gardose and denied it to Artile Garbo.

RULING

The Supreme Court affirmed the appealed resolutions (March 11, 1991, May 13, 1991, June 14, 1991, and June 28, 1991) as regards petitioner Artile Garbo, and set them aside insofar as petitioner Almabella Gardose is concerned. The warrant of arrest for Almabella Gardose was dissolved. The Court held that the grant of probation in favor of Almabella Gardose, as affirmed by the Court of Appeals in its final and executory decision of January 31, 1990, could no longer be disturbed. The subsequent order of March 11, 1991, directing execution, did not nullify this final order. Petitioner Artile Garbo is likewise bound by the final and executory decision of January 31, 1990, which nullified the grant of probation to her. The Court emphasized that once a judgment or order becomes final, the issues therein should be laid to rest based on public policy and sound practice.