GR 26538; (September, 1927) (Digest)
G.R. No. 26538 , September 27, 1927
PEOPLE OF THE PHILIPPINE ISLANDS vs. FLORENTINO SORIANO
FACTS
Florentino Soriano was convicted and sentenced to death by the trial court. On appeal, the Supreme Court, composed of eight Associate Justices, affirmed the conviction and sentence in a decision promulgated on March 30, 1927. The decision was signed “Per Curiam” by the eight Justices, with a note stating that Chief Justice Avanceña was absent on vacation and did not take part. The Chief Justice had returned from vacation on March 24, 1927, prior to the promulgation but after the case had been considered and decided. Soriano’s counsel filed a motion for a new trial, arguing that the judgment was null and void because it was not signed by all members of the Court, including the Chief Justice, as allegedly required by Act No. 3104 for death penalty cases.
ISSUE
Whether the judgment imposing the death penalty is null and void for not being signed by the Chief Justice, who was absent during the Court’s consideration and decision of the case but had returned before its promulgation.
RULING
No, the judgment is valid. The Supreme Court denied the motion for a new trial and affirmed the validity of its earlier decision. The Court held that the provision in Act No. 3104 , requiring all members of the Supreme Court to sign a death sentence, must be construed to mean all members of the Court at the time the case is heard and decided. Since Chief Justice Avanceña was absent on vacation during the period when the case was deliberated upon and the decision was reached, he was not a member of the Court for the purpose of that particular case. His subsequent return before the formal promulgation did not invalidate the decision. This interpretation was previously established in *Fuentes vs. Director of Prisons* (46 Phil. 22). To dispel any doubt, the Court, in considering the motion, ensured that all nine members (including the Chief Justice) reviewed it, and the Chief Justice voted to deny the motion and affirm the trial court’s judgment.
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