G.R. No. L-24491 August 11, 1970
THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. RUFINO GENSOLA, FIDELINA TAN and FELICISIMO TAN, Defendants-Appellants.

FACTS

Accused-appellants Fidelina Tan and Felicisimo Tan filed a second motion for reconsideration and new trial based on newly-discovered evidence, specifically the affidavits of Ernesto Gargaritano, Idelfonso Capinding, and Restituto Gersaneva. The Supreme Court found that the testimonies of these affiants on crucial matters, which could not be presented at the original trial through no fault of the accused-appellants, raise grave and substantial doubt as to whether the original judgment imposing the penalty of reclusion perpetua would have been rendered had such evidence been introduced. The Court noted its prior finding in the main decision that there was no evidence of conspiracy between the accused and that a command shouted by Fidelina Tan was not the moving cause of Rufino Gensola’s act.

ISSUE

Whether a new trial should be granted to accused-appellants Fidelina Tan and Felicisimo Tan on the ground of newly-discovered evidence.

RULING

The Supreme Court granted the motion for a new trial. The Court set aside its own judgment of September 30, 1969, and the trial court’s original judgment of February 8, 1965, insofar as accused-appellants Fidelina Tan and Felicisimo Tan were concerned. The case was remanded to the lower court for a new trial pursuant to Rule 121, Section 5(b) and (c) of the Rules of Court. The evidence already on record shall stand, and the testimonies of the three affiants, along with such other evidence as the trial court may allow, shall be taken and considered. A new judgment shall thereafter be rendered. The judgment against accused Rufino Gensola, which modified his penalty, had become final and stands.