G.R. No. 37337 ; March 28, 1933
THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs. ARSENIO BORJAL, defendant-appellant.

FACTS

Arsenio Borjal was convicted of rape by the Court of First Instance of Abra. The Supreme Court initially affirmed the conviction. However, upon a motion based on newly discovered evidence, the Supreme Court granted a new trial through an unqualified order remanding the case to the lower court. At the new trial, the prosecution, instead of presenting its witnesses anew, moved to reproduce all the evidence from the original trial. The defense objected and moved to require the prosecution to present its witnesses again, but the trial court denied the motion. Borjal was again convicted based on the evidence from the original trial.

ISSUE

Whether the trial court erred in allowing the prosecution to rely on the evidence from the original trial during the new trial, and in subsequently convicting the accused based on that evidence.

RULING

Yes. The Supreme Court reversed the conviction and acquitted Borjal. The Court held that an order granting a new trial without any qualification has the effect of vacating the former judgment, leaving the parties as if no trial had ever taken place. Consequently, the case must proceed de novo. The evidence from the previous trial cannot be considered part of the evidence in the new trial unless the order granting the new trial expressly permits it. Since the Supreme Court’s order contained no such restriction, there was no competent evidence presented at the new trial to sustain a conviction.

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