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People vs. Prieto, Sr.

PEOPLE OF THE PHILIPPINES, petitioner, vs. HON. JUDGE HERMENEGILDO A. PRIETO, SR., CFI Branch IV, Roxas, Isabela, and DARIO GAMAYON, respondents.

G.R. No. L-46542 | 1978-07-21

D E C I S I O N

FERNANDO, J:

Judge Hermenegildo A. Prieto, Sr., of the Court of First Instance of Isabela, would not have been named respondent by the People of the Philippines in a certiorari proceeding had he taken greater care in his appraisal of what the last sentence of Section 19 of the Constitution means. It allows the continuation of a trial after arraignment, notwithstanding the absence of an accused, provided that he has been duly notified and his failure to appear is unjustified. 1 What is quite regrettable is that he had a previous order which was legally impeccable. It was set aside on a motion for reconsideration....