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Wagan vs. Tiangco

PONCIANO WAGAN, petitioner, vs. THE HONORABLE JOEL P. TIANGCO, Judge, Circuit Criminal Court, Batangas City, and IRINEO V. MENDOZA, Acting District State Prosecutor, Batangas City, respondents.

G.R. No. L-37561 | 1976-08-09

D E C I S I O N

FERNANDO, J:

The decisive issue in this mandamus proceeding is the legal significance attached to an accused, now petitioner, having started to serve his sentence on the continuing effort of counsel to have his appeal allowed. An element of complexity was added to the matter to the fact that on the very day the decision was rendered by respondent Judge, that is, on June 28, 1973, there was a notice of appeal filed by his original counsel, Vicente Garcia. 1 It was admitted, however, that on July 3, 1973, there was a motion for the withdrawal of such appeal filed by petitioner himself without previously informing counsel....