This case has been cited 2 times or more.
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2003-09-12 |
CALLEJO, SR., J. |
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| WHEREFORE, the appeal is hereby GRANTED but the petition for preliminary injunction is DENIED for being moot and academic. The Cashier is hereby ordered to release the amount of TWO HUNDRED TWO THOUSAND THIRTY PESOS AND TWENTY-NINE CENTAVOS (P202,030.29) for distribution to the individual complainants in accordance with the above computation and to remit the balance of the garnished and deposited amount to the respondent.[12] The petitioners filed a motion for the reconsideration of the above-quoted decision, contending that by computing the backwages of the petitioners up to July 13, 1992 only, the NLRC modified the already final and executory decision of the Supreme Court. The NLRC issued an Order dated May 11, 1999 denying the said motion.[13] On August 31, 1999, the petitioners filed a petition for certiorari with a prayer for the issuance of a writ of preliminary injunction[14] with the CA which outrightly dismissed the petition in a Resolution dated September 10, 1999,[15] which reads:Section 3, Rule 46 as amended by the Supreme Court in Bar Matter No. 803 which took effect on September 1, 1998 provides that "In actions filed under Rule 65, the petition shall further indicate the material dates showing when notice of the judgment or final order or resolution subject thereof was received, when a motion for new trial or reconsideration, if any, was filed and when notice of the denial thereof was received." The petition has no such statement of material dates, violating the aforecited rule and is a sufficient ground for the dismissal thereof. | |||||
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2000-09-13 |
BELLOSILLO, J. |
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| In general, the rule is that a remand to a trial court of a judgment of acquittal brought before the Supreme Court on certiorari cannot be had unless there is a finding of mistrial, as in Galman v. Sandiganbayan.[87] Condemning the trial before the Sandiganbayan of the murder of former Senator Benigno "Ninoy" Aquino, which resulted in the acquittal of all the accused, as a sham, this Court minced no words in declaring that "[i]t is settled doctrine that double jeopardy cannot be invoked against this Court's setting aside of the trial court's judgment of acquittal where the prosecution which represents the sovereign people in criminal cases is denied due process x x x x [T]he sham trial was but a mock trial where the authoritarian president ordered respondents Sandiganbayan and Tanodbayan to rig the trial, and closely monitored the entire proceedings to assure the predetermined final outcome of acquittal and absolution as innocent of all the respondent-accused x x x x Manifestly, the prosecution and the sovereign people were denied due process of law with a partial court and biased Tanodbayan under the constant and pervasive monitoring and pressure exerted by the authoritarian president to assure the carrying out of his instructions. A dictated, coerced and scripted verdict of acquittal, such as that in the case at bar, is a void judgment. In legal contemplation, it is no judgment at all. It neither binds nor bars anyone. Such a judgment is 'a lawless thing which can be treated as an outlaw.' It is a terrible and unspeakable affront to the society and the people. 'To paraphrase Brandeis: If the authoritarian head of government becomes the lawbreaker, he breeds contempt for the law; he invites every man to become a law unto himself; he invites anarchy.' The contention of respondent-accused that the Sandiganbayan judgment of acquittal ended the case and could not be appealed or reopened without being put in double jeopardy was forcefully disposed of by the Court in People v. Court of Appeals:[88] | |||||