GR 43244; (April, 1935) (Digest)
G.R. No. 43244 ; April 9, 1935
ELADIO R. ALDECOA, petitioner, vs. FERNANDO JUGO, Judge of First Instance of Laguna, and SEGUNDO MARTINEZ, Provincial Fiscal of Laguna, respondents.
FACTS
In a prior civil case, the trial judge ordered the record referred to the fiscal for investigation of possible criminal liability. After the death of a key witness, Antonio Estiva, the fiscal filed a criminal complaint for falsification of public documents against several defendants, including petitioner Eladio R. Aldecoa. During the preliminary investigation before the justice of the peace, the fiscal sought to introduce a transcript of Estiva’s testimony from the civil case. The accused objected, asserting their constitutional right to confrontation and cross-examination. The justice of the peace sustained the objection. The provincial fiscal then petitioned the Court of First Instance (CFI) to order the justice of the peace to admit the transcript. The CFI, through respondent Judge Fernando Jugo, ordered the justice of the peace to admit the evidence. Instead of appealing this CFI order, Aldecoa filed this petition for certiorari to annul it.
ISSUE
Whether the writ of certiorari is the proper remedy to annul the CFI order directing the justice of the peace to admit the transcript of testimony from a civil case during a preliminary investigation in a criminal case.
RULING
No. The petition for certiorari is denied. The Supreme Court held that the petitioner had a plain, speedy, and adequate remedy by appeal from the CFI order. Certiorari is only available when a court acts without or in excess of its jurisdiction and there is no other adequate remedy. By choosing certiorari instead of appeal, the petitioner pursued an improper remedy.
However, the Court clarified its position on the substantive issue to prevent its denial from being construed as approval of the CFI’s order. It held that the justice of the peace correctly refused to admit the transcript. Admitting testimony from a prior civil case, over the objection of the accused, during a preliminary investigation for a criminal case would violate the accused’s right to be confronted by and cross-examine witnesses under Section 15 of General Orders No. 58 and Section 3 of the Philippine Autonomy Act. The statutory provision allowing the use of a prior deposition applies only to testimony taken in the same criminal proceeding or its preliminary investigation, not to testimony from a separate civil case. The CFI also erred in issuing the order under its administrative supervision over justices of the peace, as the justice of the peace must exercise independent discretion in admitting evidence.
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