Flores vs. People [GR No. 181354] Case Digest

 

Flores vs. People

GR No. 181354

 

Facts:

Flores was charged with the crime of Homicide for the alleged killing of Jesus Avenido. During trial Flores interposed self-defense.

Sandiganbayan found the accused guilty for the crime charged. Flores filed a motion for the reconsideration. As the motion did not contain any notice of hearing, the Prosecution filed its Motion to Expunge from the Records Accused’s Motion for Reconsideration." Sandiganbayan denied the motion for being a mere scrap of paper as it did not contain a notice of hearing. Flores claims that the outright denial of his motion for reconsideration by the Sandiganbayan on a mere technicality amounts to a violation of his right to due process.

 

Issue:

Whether or not Sandiganbayan committed grave abused of discretion when

 

Held:

 

 

Ratio:

A pro forma motion for new trial or reconsideration shall not toll the reglementary period of appeal.

Section 4, Rule 121 states:

SEC. 4. Form of motion and notice to the prosecutor. – The motion for a new trial or reconsideration shall be in writing and shall state the grounds on which it is based. X x x. Notice of the motion for new trial or reconsideration shall be given to the prosecutor.

"It is often held that the validity of a decision is not necessarily impaired by the fact that the ponente only took over from a colleague who had earlier presided at the trial, unless there is a showing of grave abuse of discretion in the factual findings reached by him."

In the present case, Flores has not convinced the Court that there was misapprehension or misinterpretation of the material facts nor was the defense able to adduce evidence to establish that the factual findings were arrived at with grave abuse of discretion. Thus, the Court sustains the Sandiganbayan’s conclusion that Flores shot Jesus and continued riddling his body with bullets even after he was already lying helpless on the ground.