GR 45685; (December, 1937) (Digest)
G.R. No. 45685 , December 22, 1937
THE PEOPLE OF THE PHILIPPINES and THE HONGKONG & SHANGHAI BANKING CORPORATION, petitioners, vs. JOSE O. VERA, Judge ad interim of First Instance of Manila, and MARIANO CU UNJIENG, respondents.
FACTS
Respondent Mariano Cu Unjieng, after the Supreme Court’s judgment declaring the Probation Act ( Act No. 4221 ) unconstitutional, gave notice of his intention to petition the U.S. Supreme Court for a writ of certiorari to review that judgment. He applied to the Philippine Supreme Court to fix a supersedeas bond to stay execution of the judgment during the pendency of his application in the U.S. Supreme Court. The petitioners (the People and the Bank) opposed the application, arguing that the judgment declaring the Probation Act unconstitutional was self-executing and negative in character, leaving nothing to enforce or stay via a bond.
ISSUE
Whether the Supreme Court should grant a stay of execution and fix a supersedeas bond to allow Cu Unjieng to apply for a writ of certiorari from the U.S. Supreme Court to review the judgment declaring the Probation Act unconstitutional.
RULING
No. The petition for a stay and the fixing of a supersedeas bond is denied. The Court held that the original proceedings for certiorari and prohibition, though civil remedies, were an incident of the criminal case against Cu Unjieng. The judgment declaring the Probation Act unconstitutional was negative and prohibitive, commanding no affirmative act, so there was nothing to enforce or upon which a stay bond could operate. A supersedeas bond, if granted, would effectively operate to stay the execution of the final judgment in the criminal case against Cu Unjieng, which had long become final and was no longer appealable. The Court emphasized public interest and the speedy administration of justice required the prompt execution of the final sentence of conviction. While review by the U.S. Supreme Court by certiorari was possible, the granting of a stay was discretionary, and no extraordinary showing justified it in this case.
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