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PEOPLE OF THE PHILIPPINES VS.

ELIAS JARANILLA, RICARDO SUYO, FRANCO


BRILLANTES and HERMAN GORRICETA
GR NO. L-28547 FEBRUARY 22, 1974

FACTS:
Gorriceta borrowed the ford truck of her sister, while he was on his way
home, Jaranilla, Suyo and Brillantes requested for a ride to Mandurriao.
Upon reaching Mandurriao, Gorricetta park his car near the plaza and was instructed
to wait for Jaranilla, Suyo and Brillantes. A few moments later, the three on them
appeared with each of them carrying two fighting cocks owned by Valentin Baylon.
They horriedly borded the truck and Gorriceta drove the truck towards Jaro.
Patrolman Jabatan Intercepted them.Jaranilla shot and killed him.
The RTC of Iloilo convicted them of Robbery with homicide.Gorriceta became a
witness.
On Appeal to SC Suyo and Brillantes contend that they only committed the crime of
theft and Jaranilla should be charge solely for Homicide for killing Patrolman
Jabatan.
ISSUE: WHETHER OR NOT SUYO AND BRILLANTES ARE ENTITLED TO AN
INDETERMINATE SENTENCE
HELD:
Yes.The SC ruled that Accused Suyo and Brillantes can avail the
Indeterminate Sentence Law because although they were recidivists, they are not
habitual delinquents.

HEIRS OF THE LATE FRANCISCO ABUEG VS. HONORABLE COURT OF APPEALS AND
JOSELITO ORAA
GR. NO. 96803 FEBRUARY 17, 1993

FACTS:
Sometime on February 9, 1988, Joselito Oraa, while driving his Yamaha
Enduro motorcyle on the highway within the territorial jurisdiction of Silang, Cavite,
he bumped the bicycle of Francisco Abueg, resulting in his death.
The Trial Court found Joselito Oraa guilty of Reckless Imprudence Resulting in
Homicide and Damage to Property and was sentenced to 4 years and 2 months of
imprisonment and to pay the heirs of his victim P50,000n in moral damages, P50,
000 for exemplary damages and P37,000 as actual damages.
Oraa filed for probation but the same was denied alongside with his motion for
reconsideration of such denial.
Hence, Oraa filed before the CA a petition for Certiorari, Prohibition and Mandamus
seeking to restrain the RTC of Tagaytay from enforcing its decision. The CA granted
the petition of Oraa.
The heirs of Francisco Abueg appeals the said CA resolution before the SC, contends
that the order the RTC of Tagaytay already attained finality upon the failure of the
Oraa to Appeal.
ISSUE: WHETHER OR NOT THE FAILURE OF THE ACCUSED TO APPEAL RENDER THE
ORDER OF THE RTC ATTAINED FINALITY.
HELD:
NO. The Petitioner was of erroneous belief that said orders attained finality for
failure of private respondent to appeal. Under Section 24 of the rules on probation,
the order of the court granting or denying probation is not appealable. Since there
being no appeal, private respondent has no other plain, speedy and adequate
rememy in the ordinary course of law against the denial of his application for
probation except for the special civil action of certiorari with preliminary mandatory
indjuction and restraining order which he timely filed.
PETITION IS DISMISSED.