Is the appointment of Atty Del Rosario as the custodian of Javellana permanent

Is the appointment of atty del rosario as the

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1.Is the appointment of Atty. Del Rosario as the custodian of Javellana permanent in nature? Private respondent Javellana has been arrested based on the filing of criminal cases against him. By such arrest, he is deemed to beunder the custody of the law. The trial court gave Atty. Deogracias del Rosario the custody of private respondent Javellana with theobligation "to hold and detain" him in Atty. del Rosario’s residence in his official capacity as the clerk of court of the regional trialcourt. Hence, when Atty. del Rosario was appointed judge, he ceased to be the personal custodian of accused Javellana and thesucceeding clerk of court must be deemed the custodian under the same undertaking.In our mind, the perceived threats to private respondent Javelana’s life no longer exist. Thus, the trial court’s order dated August 8,1989 giving custody over him to the clerk of court must be recalled, and he shall be detained at the Provincial Jail of Antique at SanJose, Antique.Pobre v CAGR No. 141805, July 8, 2005FactsAndrew Ovalles was charged with the crime of Parricide for pushing his spouse, Alma, which caused a fatal injury resulting toher death before the RTC in San Jose, Occ. Mindoro.Asst Prosecutor Salcedo recommended bail of P200,000, but a copy of information shows cancellation of the amount and wasannotated with “no bail”Ovalles was arrested and committed to the municipal jail of San Jose. Ovalles filed a Motion To Quash and a Manifestationand Motion praying that if MTQ is denied, Motion is to be treated as motion to admit bail.Genevieve Pobre’s (Petitioner, sister of victim) counsel filed entry of appearance and asked to be given 10 days to fileopposition. Judge still pushed through with hearings and treated motion as one to fix bail.June 29 1998 – Order was issued by judge granting motion to fix bail at 40k and property bond was also approvedJuly 10 1998 – Ovalles was arraigned and pleaded not guiltyJuly 17, 1998 -Petitioner received order issued by judge granting bailJuly 30 1998 – Omnibus motion filed by Atty Aglipay contesting June 29 Order w/c granted bail.Aglipay prayed for inhibition of Judge Pagayatan and Fiscal Salcedo, and that case be raffled, amend information – sayingthat old info limits prosecution in presenting evidence to prove respondent had intent to kill his wife by pushing her.On Sep 28 – Order was issued by Judge Pagayatan granting motion to inhibit and ordered raffle, motion to set aside denied.The case raffled, but on Nov 26, proceedings were temporarily deferred due to impending retirement of judge in Jan 1999, tobe resumed when new judge is designated.On Dec 11, 1998, Pobre filed certiorari with CA and questioned order granting bail. This was dismissed for being filed late.MR was also denied since CA said it was 83 days late.Issue(s)/Ruling(s)
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  • Fall '14
  • Law, Appellate court, respondent judge

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