GR L 12880; (October, 1917) (Digest)
G.R. No. L-12880, October 25, 1917
THE UNITED STATES, plaintiff-appellee, vs. BENITO LAO CHUECO, defendant-appellant.
FACTS:
The defendant, Benito Lao Chueco, was charged under Act No. 702 for being a Chinese laborer who failed to register, leading to deportation proceedings. The initial complaint was filed by a Philippine Constabulary officer before the justice of the peace of Surigao on February 28, 1917. The defendant had posted bail on February 27. He waived preliminary examination on March 16, and the case was forwarded to the Court of First Instance. On April 27, a new complaint was filed in the Court of First Instance, where the defendant was arraigned, pleaded not guilty, and was immediately set for trial. The defendant moved for postponement, citing illness and the absence of his witnesses, but the court denied the motion. During trial, only two prosecution witnesses testified. The defendant renewed his motion for continuance due to illness and inability to present witnesses, which was again denied. The defendant then informed the court he was too ill to testify in his own defense. The court promptly ordered his deportation. The defendant appealed, arguing he was denied a fair opportunity to defend himself.
ISSUE:
Whether the defendant was given a fair and full hearing in the trial court, including a reasonable opportunity to present his defense.
RULING:
No. The Supreme Court held that the defendant was denied a fair trial. The Court found that: (1) the original complaint was filed by an unauthorized person under existing jurisprudence; (2) the defendant was forced to trial on the same day as the arraignment while he was ill and unable to testify or present witnesses, depriving him of a meaningful opportunity to defend himself. The Acting Attorney-General conceded the unfairness and recommended a new trial. The Supreme Court ordered the case remanded to the trial court for a new trial, without costs. The Court also noted, obiter dictum, that in deportation proceedings under Act No. 702 , the defendant is entitled to bail pending appeal.
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