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Fiscal Celso Gimenez etal vs Ramon Nazareno etal.

FISCAL CELSO M. GIMENEZ and FEDERICO B. MERCADO, petitioners, vs. HON. RAMON E. NAZARENO, Presiding Judge, Court of First Instance of Cebu and TEODORO DE LA VEGA, JR., respondents.

G.R. No. L-37933 | 1988-04-15

D E C I S I O N


GANCAYCO, J.:

Two basic issues are raised for Our resolution in this petition for certiorari and mandamus. The first is whether or not a court loses jurisdiction over an accused who after being arraigned, escapes from the custody of the law. The other issue is whether or not under Section 19, Article IV of the 1973 Constitution, an accused who has been duly tried in absentia retains his right to present evidence on his own behalf and to confront and cross-examine witnesses who testified against him.

The following facts are not in dispute:

On August 3, 1973, Samson Suan, Alex Potot, Rogelio Mula, Fernando Cargando,...