This case has been cited 2 times or more.
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2003-01-20 |
QUISUMBING, J. |
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| At the time Criminal Cases Nos. 15800-R and 15822-R were being tried, the 1985 Rules of Criminal Procedure were in effect. There was no specific provision at that time governing motions to reopen.[84] Nonetheless, long and established usage has led to the recognition and acceptance of a motion to reopen. In view of the absence of a specific procedural rule, the only controlling guideline governing a motion to reopen was the paramount interests of justice. As a rule, the matter of reopening of a case for reception of further evidence after either prosecution or defense has rested its case is within the discretion of the trial court.[85] However, a concession to a reopening must not prejudice the accused or deny him the opportunity to introduce counter evidence.[86] | |||||
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2001-04-18 |
VITUG, J. |
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| The instant petition is not the first time that an incident relating to petitioner's case before the Sandiganbayan has been brought to this Court. In previous occasions, the Court has been called upon the resolve several other matters on the subject. Thus: (1) In Santiago vs. Vasquez,[11] petitioner sought to enjoin the Sandiganbayan from proceeding with Criminal case No. 16698 for violation of Republic Act No. 3019; (2) in Santiago vs. Vasquez,[12] petitioner sought the nullification of the hold departure order issued by the Sandiganbayan via a "Motion to Restrain the Sandiganbayan from Enforcing its Hold Departure Order with Prayer for Issuance of a Temporary Restraining Order and/or Preliminary Injunction, with Motion to set Pending Incident for Hearing; (3) in Santiago vs. Garchitorena,[13] petitioner sought the nullification of the resolution, dated 03 March 1993, in Criminal Case No. 16698 of the Sandiganbayan (First Division) and to declare Presiding Justice Garchitorena disqualified from acting in said criminal case, and the resolution, dated 14 March 1993, which deemed as "filed" the 32 amended informations against her; and (4) in Miriam Defensor Santiago vs. Sandiganbayan,[14] petitioner assailed the denial by the Sandiganbayan of her motion for her reconsideration from its 03rd August 1995 order allowing the testimony of Pedellaga. In one of these cases,[15] the Court declared: "We note that petitioner had previously filed two petitions before us involving Criminal Case No. 16698 (G.R. Nos. 99289-99290; G.R. No. 107598). Petitioner has not explained why she failed to raise the issue of the delay in the preliminary investigation and the filing of the information against her in those petitions. A piece-meal presentation of issues, like the splitting of causes of action, is self-defeating. | |||||