FIRST DIVISION
[G.R. No. 237014. June 11, 2018.]
PEOPLE OF THE PHILIPPINES, petitioner, vs. EUGENE J. DAUZ, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedJune 11, 2018which reads as follows:
"G.R. No. 237014 — People of the Philippines, Petitioner, v. Eugene J. Dauz, Respondent.
Acting on petitioner's Motion for Extension of Time to File Petition for Review on Certiorari, the Court resolves to GRANT it a period of thirty (30) days from the expiration of the reglementary period on February 14, 2018 within which to file a petition.
Considering the allegations, arguments, and issues raised in the instant Petition for Review on Certiorari, the Court resolves to DENY the same for raising factual issues and for failure to show that the Court of Appeals (CA) committed any reversible error in ruling that the Regional Trial Court (RTC) of Tagudin, Ilocos Sur, Branch 25 did not gravely abuse its discretion in granting respondent's Demurrer to Evidence in Criminal Case No. 1199-T.
The factual matters raised here are beyond the scope of a petition for review on certiorari as only questions of law may be raised in a petition under Rule 45 of the Rules of Court. 1 Neither was it shown that this case falls within any of the recognized exceptions. Hence, this Petition is dismissible on this ground alone.
In any event, the Court would also like to stress that the grant of demurrer amounts to an acquittal, and is not open to an appeal as it would place the accused in double jeopardy. An exception to this rule is such instance where the trial court committed grave abuse of discretion "as where the prosecution was denied the opportunity to present its case or where the trial was a sham thus rendering the assailed judgment void." 2 cAaDHT
Here, the prosecution was given ample opportunity to present its case. In fact, the RTC based the grant of the demurrer on its full appreciation of the testimonies of the prosecution witnesses, who declared that no negligence can be imputed against respondent. Verily, considering the absence of grave abuse of discretion on the part of the RTC, the CA properly affirmed the grant of the Demurrer to Evidence.
ACCORDINGLY, the Court resolves to AFFIRM the assailed July 31, 2017 Decision and January 23, 2018 Resolution of the Court of Appeals in CA-G.R. SP No. 139141.
SO ORDERED." Leonardo-de Castro, J., designated as Acting Chairperson of the First Division per Special Order No. 2559 dated May 11, 2018; Tijam, J., on official leave; Gesmundo, J., designated as Acting Member per Special Order No. 2560 dated May 11, 2018. IDSEAH
Very truly yours,
(SGD.) LIBRADA C. BUENAActing Division Clerk of Court
Footnotes
1. Section 1, Rule 45 of the Rules of Court.
2. See People v. Sandiganbayan, 661 Phil. 350, 355 (2011).