100%(1)1 out of 1 people found this document helpful
This preview shows page 1 out of 1 page.
The court ruled that when they decline such cross-examination that is considered waiver RULING:Remanded to the trial court for another arraignment and trial.When the trial court granted the appellants’motion for reinvestigation, it became incumbent upon the court to hold in abeyance the arraignment and trial of the case after the City Fiscal conducted and made his report on the result of reinvestigation. It was also possible for the Fiscal to modify his conclusion since it was Felipe Porcadilla, husband of the deceased who was the aggressor for attacking and seriously wounded Pablito Custodio. It committed a serious irregularity which nullifies the proceedings because such procedure is repugnant to the due process clause of the Constitution. Although private prosecutor was authorized to present the evidence, still in the absence of the Fiscal at the hearing, the prosecution was not under the control of the Fiscal. The evidence presented could not be considered as evidence for the plaintiff. Thus, no evidence at all speak of which could have been the basis of the decision of the trial court. ISSUE:Whether or not the appellants were denied due process of law.