GR 45092; (March, 1937) (Digest)
G.R. No. 45092; March 30, 1937
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. OLIMPIO CABRERA, EVARISTO LEONCION (alias EVARISTO CANIETE), and MANUELA TUBAN, defendants-appellants.
FACTS
The defendants were convicted of swindling by the justice of the peace court of Dauin. They verbally announced their intention to appeal and filed an appeal bond, which was approved. The record was elevated to the Court of First Instance (CFI). The provincial fiscal moved to return the record for execution of the judgment, arguing that no written notice of appeal was filed within the 15-day period required by Section 43 of the Code of Criminal Procedure. The CFI granted the motion and ordered execution. The defendants moved for reconsideration, which was denied, prompting their appeal to the Supreme Court.
ISSUE
Whether the defendants perfected their appeal from the justice of the peace court to the CFI by verbally announcing their intention and filing an appeal bond, without filing a written notice of appeal.
RULING
No. Under the law then in force (Section 43 of the Code of Criminal Procedure), as interpreted in prior jurisprudence, the word “filing” meant a written notice of intention to appeal. A verbal announcement and the filing of an appeal bond were insufficient to perfect an appeal. However, the Supreme Court, exercising its constitutional rule-making power, had recently amended Section 43 to allow an appeal by notifying the justice of the peace “verbally or in writing” within fifteen days. Applying this procedural amendment retroactively to benefit the appellants, the Court revoked the CFI’s order and remanded the record with instructions for the CFI to take cognizance of the appeal.
AI Generated by Armztrong.