Baylosis vs People
GR No. 152119
Facts:
An Information was filed against petitioner Baylosis for the crime of estafa before RTC Cebu. During arraignment, a plea of NOT GUILTY was entered. Trial ensued in absentia as the accused, being out on bail, did not appear during trial.
RTC rendered decision finding the Baylosis guilty for the crime charged. Petitioner then filed his Notice of Appeal. Thereafter, a Motion for New Trial was filed by petitioner Baylosis with the CA. CA denied the petition of the petitioner. Petitioner assailed the decision of CA in denying his petition for new trial on the grounds that the amount misappropriated had been reduced and petitioner wants to change his plea to that of guilty.
Issue:
Whether or not CA acted with grave abuse of discretion in denying his Motion for New Trial filed under Section 14, Rule 124 Revised Rules of Court.
Held:
No.
Ratio:
The Court, in justifying the grant of the new trial, stated that a "new trial has been described as a new invention to temper the severity of a judgment or prevent the failure of justice." In said case, the circumstances brought up were "exceptional enough to warrant a new trial if only to afford him an opportunity to establish his innocence of the crime charged."
Petitioner, on the other hand, brings before SC the circumstance of his payment of the misappropriated amount after a few years from his conviction by the trial court. Said occasion, however, does not count as extraordinary enough to warrant the grant of said motion. In addition, plea bargaining as a ground already comes too late at this stage.
No comments:
Post a Comment