Back

PEOPLE Vs. Josefino Fernandez, Et Al.

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. JOSEFINO FERNANDEZ and JOVEN PITOGO, accused, JOVEN PITOGO, accused-appellant.

G.R. No. 80481 | 1990-06-27

D E C I S I O N


REGALADO, J.:

This appeal was interposed by accused-appellant Joven Pitogo alone 1 from the decision of the Regional Trial Court, Branch 34 at Calamba, Laguna, 2 finding both accused therein guilty beyond reasonable doubt of violating Section 4, Article II of Republic Act No. 6425 (Dangerous Drugs Act of 1972) and sentencing each of them to suffer the penalty of life imprisonment and to pay a fine of P20,000.00.

A procedural aspect, however, has first to be clarified. According to the decision of the court a quo, "(d)uring the trial, however, because accused Fernandez failed to appear for six (6) times before the...