G.R. No. 134504 - JOSELITO V. NARCISO, VS. FLOR MARIE STA. ROMANA-CRUZ.DECISION - Supreme Court E-Library

Ruling

WHEREFORE, the petition for certiorari is hereby GRANTED and the order granting bail is annulled and set aside." [3] The assailed Resolution, on the other hand, denied petitioner's Motion for Reconsideration. The full text of the August 3, 1992 RTC Order, which the Court of Appeals annulled and set aside, reads as follows: "Accused who is present filed thru counsel a Motion to Allow Accused Joselito V. Narciso to Post Bail. "Considering that the Presiding Judge of Branch 83 who is hearing this case is on leave and the Pairing Judge Honorable Salvador Ceguerra is no longer within the premises, there being no objection by the City Prosecutor Candido Rivera to the accused posting a cashbond of P150,000.00, the undersigned in his capacity as Executive Judge hereby approves the same." [4] The Facts of the Case The undisputed antecedents of the case were summarized by the Court of Appeals as follows: "1) After conducting a preliminary investigation on the death of Corazon Sta. Romana-Narciso, wife of Joselito Narciso, Asst. City Prosecutor Myrna Dimaranan Vidal of Quezon City recommended and thereafter filed, the information for parricide against Joselito Narciso on November 13, 1991, with the Regional Trial Court of Quezon City, docketed therein as Criminal Case No. Q-91-24179. "2) Joselito Narciso thereafter asked for a review of the prosecutor's resolution [before] the Department of Justice (DOJ) which was however denied. Joselito Narciso moved for reconsideration, which was still denied by the DOJ. "3) Failing before DOJ, the accused on February 6, 1992, filed in Criminal Case No. Q-91-24179 an "Omnibus Motion for Reinvestigation and to Lift the Warrant of Arrest". The Motion was granted and the case was set for reinvestigation by another prosecutor. "4) Assistant Prosecutor Lydia A. Navarro, to whom the case was assigned for reinvestigation, found no reason to disturb the findings of the previous prosecutor and recommended the remand of the case to the court for arraignment and trial. "5) On August 3, 1992 , accused filed an 'Urgent Ex-Parte ( Ex Abundanti Cautela ) to Allow Accused Joselito Narciso to Post Bail'. The Public Prosecutor registered no objection and said motion was granted on the same day, allowing accused to post bail at P150,000.00. x x x x x x x x x "6) On August 14, 1992 , the private prosecutor representing private complainant Flor Marie Sta. Romana-Cruz, a sister of accused's deceased wife, filed an "Urgent Motion to Lift Order Allowing Accused To Post Bail'. "7) Accused objected to the aforesaid urgent motion by filing a 'Motion to Expunge 1) Notice of Appearance of the Private Prosecutor and the 2) Urgent Motion to Lift Order Allowing Accused to Post Bail". "8) Arraignment was conducted on September 14, 1992 and the case was set for hearing on November 9, 16, 23, December 2, 9, 1992, January 6, 13, 20, 27, 1993, February 3, 7, 10 and 24 1993. "9) On October 15, 1992, private complainant through counsel filed her opposition to