GR L 3942; (August, 1950) (Digest)
G.R. No. L-3942; August 30, 1950
VICTOR SESE Y BUNO, petitioner, vs. AGUSTIN P. MONTESA, Judge, Court of First Instance of Manila, and AUGUSTO LEONARDO, respondents.
FACTS
Petitioner Victor Sese y Buno was convicted of damage to property through reckless imprudence and sentenced to pay a fine. He waived his right to appeal and began serving his sentence. Subsequently, the offended party, Augusto Leonardo, filed a motion for reconsideration, alleging the trial court failed to order indemnity. The respondent judge granted the motion and amended the decision to include an indemnity award. A new commitment order was issued, resetting the commencement of petitioner’s imprisonment. Petitioner filed this certiorari action, arguing the original decision had become final and the judge lacked authority to amend it.
ISSUE
Whether the respondent judge had the power to amend the original decision after the petitioner had waived his appeal and started serving his sentence.
RULING
No. The Supreme Court set aside the amended order and the new commitment order. The original decision had become final. Notice of the decision to the fiscal constituted notice to the private prosecutor, as the fiscal has direction and control of the criminal case. Since the fiscal was notified of the original decision’s promulgation, the period for seeking reconsideration or appeal began to run from that point. The subsequent motion by the private prosecutor was filed out of time, and the trial court had lost jurisdiction to modify the final judgment.
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