People v. Mariano
REITERATIONFacts
The Antecedents: Defendant Buenaventura Mariano y Tabaquin was charged with illegally engaging in the business of carrying, conveying, or transmitting letters or packages for monetary consideration without authority, in violation of law, in the City of Manila. Procedural History: Upon arraignment, the defendant pleaded not guilty. The case experienced several postponements, many on the defendant's motion. Four days before a scheduled trial, the defendant moved for the appointment of assessors. The lower court denied this motion, citing that the appointment of assessors is discretionary and that the motion appeared to be a dilatory tactic. The defendant appealed this order. The Petition: The defendant appealed the order denying his motion for the appointment of assessors, raising it as a question of law.
Issue(s)
Whether the order denying the appointment of assessors is interlocutory, thus precluding a direct appeal. Whether the lower court had a mandatory duty to appoint assessors upon application. Whether the denial of the motion for appointment of assessors was justified due to dilatory tactics, despite the general mandatory nature of such appointment.
Ruling
The Supreme Court affirmed the order of the lower court denying the motion for the appointment of assessors. The Court held that while the appointment of assessors is mandatory upon proper application, the lower court did not abuse its discretion in denying the motion due to the clear dilatory tactics employed by the defendant and the nature of the factual issues involved.
Ratio Decidendi
On Issue 1: The Supreme Court held that the order denying the motion for the appointment of assessors is interlocutory. Citing People vs. Sampoli, the Court clarified that an interlocutory order does not finally dispose of the case, and thus, a direct appeal from such an order is not the proper remedy. The appropriate recourse for challenging an interlocutory order would be to apply for a writ of certiorari and mandamus. Despite this, the Court opted to address the substantive issue to prevent its reiteration should the decision on the merits be unfavorable to the defendant in the future. On Issue 2: The Supreme Court definitively ruled that the appointment of assessors, upon a party's application, is mandatory, not discretionary. The Court referenced Section 154 of Act No. 190 (Code of Civil Procedure) and Section 49 of Republic Act No. 409 (Charter of the City of Manila), emphasizing the legislative intent behind the use of the word "shall" in relation to the court's directive. It cited Berbari vs. Concepcion and Colegio de San Jose vs. Sison, which established that the provisions for assessors are mandatory and represent a substantial right for litigants that cannot be disregarded without vitiating the proceedings. The Court further cited Primicias vs. Ocampo, where the denial of the right to assessors was considered an abuse of discretion. On Issue 3: While affirming the mandatory nature of assessor appointment, the Court nonetheless upheld the lower court's denial of the motion on the ground of dilatory tactics. The Court meticulously reviewed the procedural history, noting the defendant's numerous postponements and the timing of the motion—over eight months after arraignment and almost seven months after the case was first set for trial. The Court also observed that the factual issues were simple, not materially dependent on testimonial evidence that assessors typically aid in. Citing Berbari vs. Concepcion again, the Court reiterated that the request for assessors must be made at the earliest convenient time to avoid hindering or delaying the trial. Therefore, the denial, being based on the clear dilatory purpose, did not constitute an abuse of discretion.
Main Doctrine
While the appointment of assessors in criminal cases in Manila is mandatory upon proper application, the court may deny the request if it is demonstrably a dilatory tactic, especially when the factual issues do not substantially rely on testimonial evidence and the request is made after significant delays.