Monday, December 05, 2011

People of the Philippines v. Baida Salak y Bangkulas,G.R. No. 181249, March 14, 2011.

Judicial Order; form. Accused-appellant assails the continuation of the trial against her notwithstanding the order of provisional dismissal earlier issued by the trial court following the repeated failure of the prosecution witnesses to attend scheduled hearings. Specifically, appellant argues that the case should not have been revived without the proper motion from the prosecution. The Supreme Court debunked accused-appellant’s contention and ruled that based on the case records, it shows that the provisional dismissal, which was declared in open court by the judge on September 25, 2001, was never reduced into writing after Special Investigators in this case (i.e., Kawada and Manguerra) appeared at the last minute of the said hearing. Moreover, it appears that the said issue was brought up by accused-appellant’s counsel in the next hearing and was settled when the trial court judge issued an order, again in open court, recalling and setting aside the September 25, 2001 order provisionally dismissing the case. 

Judicial Order; form. It bears emphasizing that an oral order has no juridical existence until and unless it had been reduced into writing and promulgated, i.e., delivered by the judge to the clerk of court for filing, release to the parties and implementation. In fact, even if it had been written and promulgated, or even if it had already been properly served on the parties, it is still plainly within the power of the judge to recall it and set it aside because every court has the inherent power, among others, to amend and control its process and orders so as to make them conformable to law and justice. People of the Philippines v. Baida Salak y Bangkulas,G.R. No. 181249, March 14, 2011.

Digg Google Bookmarks reddit Mixx StumbleUpon Technorati Yahoo! Buzz DesignFloat Delicious BlinkList Furl

0 comments: on "People of the Philippines v. Baida Salak y Bangkulas,G.R. No. 181249, March 14, 2011."

Post a Comment