[ G.R. No. L-46771. March 07, 1984 ]

[ G.R. No. L-46771. March 07, 1984 ]

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SECOND DIVISION

[ G.R. No. L-46771. March 07, 1984 ]

THE PEOPLE OF THE PHILIPPINES AND LUCIA BASAN, PETITIONERS, VS. HONORABLE MARCELINO M. FRANCISCO, JUDGE OF THE COURT OF FIRST INSTANCE OF DAVAO DEL SUR, GODOFREDO CABAHUG AND BENEDICTA CENIZA, RESPONDENTS.

R E S O L U T I O N

ABAD SANTOS, J.:

This is a petition to set aside the decision of the respondent judge in a criminal case for concubinage. The decision acquitted the accused, the private respondents, on a demurrer to the evidence after the prosecution had rested its case.

The petitioners claim that they were denied due process because the Demurrer to Evidence did not have a notice of hearing.

True it is that the Demurrer to Evidence did not have a notice of hearing. However, the petitioners were furnished a copy thereof and in fact they filed an Opposition. The claim of denial of due process is, therefore, without basis. Neither were the petitioners denied due process when the respondent judge did not consider the evidence mentioned in the Opposition to the demurrer for such evidence was not formally presented.

Moreover, to reopen the case will place the private respondents in double jeopardy for assuming arguendo that the respondent judge had committed a mistake, the error does not vitiate the decision considering that he had jurisdiction over the case. (City Fiscal of Cebu vs. Kintanar, L-31842, April 30, 1970, 32 SCRA 601.)

WHEREFORE, in accordance with the recommendation of the Solicitor General who represents the People of the Philippines in criminal cases, the instant petition is hereby dismissed for lack of merit.

SO ORDERED.

Makasiar, Acting C.J., (Chairman), Aquino, Concepcion, Jr., Guerrero, De Castro and Escolin, JJ., concur.