G.R. Nos. 113908 & 114819 - PABLO G. QUIÑON, VS. SANDIGANBAYAN AND PEOPLE OF THE PHILIPPINES.

Ruling

Accordingly, the Court issued another Order which, observing that Quiñon had put in an appearance only once, at his arraignment, and had been absent during all the six (6) times that the case had been set for pre-trial and trial, required him to show cause in ten (10) days why he should not be held in contempt for failing to appear; and reset the case for pre-trial and trial on November 5 and 6, 1992 at 8:30 o'clock A.M. The subpoena was served on Quiñon, again through both his wife, Leticia, and his bondsmen. This time, on November 5, 1992, Quiñon put in an appearance, but without his lawyer. Quiñon advised the Court that his lawyer was down with typhoid fever, and asked that the case be reset. The Sandiganbayan acceded, and transferred the pre-trial and trial to February 23 and 24, 1993. The corresponding subpoena was served on Quiñon and his bondsmen. Quiñon failed to present himself on February 23, 1993. Instead he caused submission to the Court of an affidavit of his, once more adverting to his "severe dizziness" as evidenced by a medical certificate of Dr. Noel Gigare of the Janiuay District Hospital, dated February 19, 1993. The Sandiganbayan dealt with the affidavit on the day following. It issued an Order dated February 24, 1993, in which it deemed the affidavit to be "in fact ** a request for postponement of the case on account of an alleged illness of the accused;" noted the prosecution's objection thereto; recalled that in prior "settings, accused and counsel had asked for postponement of trial on the same ground;" agreed with the prosecution's observation that "it takes time, energy and great expense for witnesses to come all the way from Iloilo and so, if they come only to find that the accused has asked for postponement of trial, it engenders disappointment to the prosecution and embarrassment to the Court;" remarked that "the excuses put up by the accused ** were flimsy and obviously designed to delay trial;" considered the accused "to have waived his presence during trial today" and authorized the "prosecution ** (to) proceed to present evidence in accordance with law." The prosecution thereupon presented its proofs and then rested its case, after which the Sandiganbayan issued another Order to the effect that "the accused Pablo Quiñon may present evidence in his defense on July 22 and 23, 1993, at 8:30 o'clock in the morning." Neither Quiñon nor his counsel came to the Court on the appointed date, July 22, 1993. After waiting until 11 o'clock that morning, the Sandiganbayan issued an Order in open Court declaring the case submitted for decision, Quiñon's "failure to appear notwithstanding ** that notice was given to him and that he was given the opportunity to present evidence today ** (being) considered a waiver of his right to present evidence;" directing the prosecutor "to present a memorandum for the prosecution within ten (10) days;" and commanding that Quiñon be arrested, his bond confiscated, and his bondsmen required to