G.R. No. 241257 - PEOPLE OF THE PHILIPPINES, VS. BRENDO P. PAGAL, A.K.A. "DINDO," ACCUSSED-.DECISION - Supreme Court E-Library

Ruling

WHEREFORE, premise considered and in consonance to the rules as to the plea of guilty to the capital offense, let the trial and presentation of first prosecution witness to determine the culpability of the accused on May 5, 2010 at 8:30 o'clock in the morning session of this Court." [9] On February 24, 2010, it issued a subpoena to Angelito Pagal, Cesar Jarden, [10] and Emelita Calupas to appear and testify before it on the said date. [11] On November 22, 2010, the RTC issued another subpoena directed to Angelito Pagal to appear before it on February 22, 2011 at 8:30 in the morning. [12] This was received by a certain Malima Pagal and Angelito Pagal on December 15, 2010. [13] On January 12, 2011, Subpoena/Warrant Server SPO1 Antonino R. Cabal PNP certified that the subpoena was duly served and received. [14] In the February 22, 2011 Order, the RTC noted that "[s]upposed witness is Angelito P. Pagal who was subpoenaed by this court and properly served upon his person. However, his absence is very conspicuous to this court. The prosecution is so desirous to present prosecution witnesses to determine the culpability of the accused who readily pleaded guilty to the crime charged, requested that other witnesses be subpoenaed for them to testify in court in the event that Angelito Pagal could not come to court on the next setting." [15] It then set the trial and presentation of any prosecution witness on May 11, 2011 at 8:30 in the morning. It ordered a repeat subpoena be issued to Angelito Pagal, Cesar G. Jarden and Jaimelito Calupas. [16] The repeat subpoena was issued to said prosecution witnesses on March 4, 2011. Included in the subpoena was Dr. Radegunda Uy, RHU, LGU, Matalom, Leyte. [17] This was duly received by all four (4) subpoenaed witnesses as indicated in the receiving copy. [18] On April 11, 2011, Subpoena/Warrant Server SPO1 Antonino R. Cabal PNP certified that the subpoena was duly served and received by all four subpoenaed witnesses. [19] In its May 11, 2011 Order, the RTC once more noted that "[t]he prosecution is serious enough to prove the degree of culpability of the accused Brendo Pagal who pleaded guilty to the crime charged of murder but for several times there were absences made by the prosecution witness despite proper service of subpoena or notices. The prosecution on this situation requested for a resetting and in the event no prosecution witness would appear and testify, this case is submitted to the x x x discretion of this court inviting the degree of culpability." [20] The RTC then set the trial and presentation of prosecution witnesses on July 20, 2011 at 8:30 o'clock in the morning. It sent another repeat subpoena to Angelito Pagal, Cesar Jarden, and Dr. Radegunda Uy. [21] On June 8, 2011, the RTC issued the repeat subpoena to said three witnesses and also included Jaimelito Calupas therein. [22] This was received by Angelito Pagal, Elesia Jarden on behalf of Cesar Jarden, "Teresita" Calopay on behalf of Jaimelito Cal