People V Bitanga

PEOPLE V BITANGA
G.R. No. 159222

June 26, 2007
Petitioner: PEOPLE OF THE PHILIPPINES and the HON. BRICIO YGANA, Presiding
Judge, Regional Trial Court, Branch 153, Pasig City
Respondent: RAFAEL BITANGA
FACTS:
The Petition for Review on Certiorari before this Court assails CA Decision (March 31,
2003) and Resolution (July 18, 2003)which granted a Petition for Annulment of
Judgment under Rule 47 of the RTC Decision (February 29, 2000) RTC Pasig.
1. On the basis of a complaint lodged by Traders Royal Bank (TRB), an information
for estafa was filed against Rafael M. Bitanga before the RTC. Bitanga pleaded "not
guilty" to the offense charged. He was allowed to post bail.
2. During trial on the merits, the People presented the testimonies of three TRB
employees on how Bitanga duped the bank into accepting three foreign checks for
deposit and encashment, which were however returned to TRB by reason of
"unlocated accounts."
3. When it was time for the defense to present his case, however, Bitanga and his
counsel failed to appear and adduce evidence. Upon motion of the public
prosecutor, a warrant of arrest was issued against respondent and his right to
adduce evidence was deemed waived.
4. RTC promulgated in absentia a Decision finding Bitanga guilty of estafa.
5. Bitanga filed with the CA a Petition for Annulment of Judgment with Prayer for
Other Reliefs on the ground that extrinsic fraud was allegedly perpetuated
upon him by his counsel of record, Atty. Benjamin Razon. He alleged that he
received copy of the February 29, 2000 RTC Decision only on December 13, 2001.
6. People filed an Answer opposing the Petition.
7. CA granted the Petition for Annulment of Judgment and denied the People's
Motion for Reconsideration in its Resolution.
8. The foregoing CA Decision and Resolution are now being questioned by the
People (petitioner).
ISSUE:
WON the petition is meritorious
HELD:
YES. Section 1, Rule 47 of the Rules of Court, limits the scope of the remedy of
annulment of judgment to the following:
Section 1. Coverage. This Rule shall govern the annulment by the Court of
Appeals of judgments or final orders and resolutions in civil actions of Regional
Trial Courts for which the ordinary remedies of new trial, appeal, petition for relief or
other appropriate remedies are no longer available through no fault of the
petitioner.
The remedy cannot be resorted to when the RTC judgment being questioned was
rendered in a criminal case. The 2000 Revised Rules of Criminal Procedure itself
does not permit such recourse, for it excluded Rule 47 from the enumeration of the
provisions of the 1997 Revised Rules of Civil Procedure which have suppletory
application to criminal cases. Section 18, Rule 124 thereof, provides
Sec. 18. Application of certain rules in civil procedure to criminal cases. The
provisions of Rules 42, 44 to 46 and 48 to 56 relating to procedure in the Court of
Appeals and in the Supreme Court in original and appealed civil cases shall be
applied to criminal cases insofar as they are applicable and not inconsistent with
the provisions of this Rule.
There is no basis in law or the rules, therefore, to extend the scope of Rule 47 to
criminal cases.
The Petition for Annulment of Judgment of the February 29, 2000 Decision of the
RTC in Criminal Case No. 103677 was therefore an erroneous remedy. It should not
have been entertained, much less granted, by the CA.
A petition for annulment of judgment is a remedy in equity so exceptional in nature
that it may be availed of only when other remedies are wanting, and only if the
judgment sought to be annulled was rendered by a court lacking jurisdiction or
through proceedings attended by extrinsic fraud.
When the ground invoked is extrinsic fraud, annulment of judgment must be sought
within four years from discovery of the fraud, which fact should be alleged and
proven. In addition, the particular acts or omissions constituting extrinsic fraud must
be clearly established.
Extrinsic or collateral fraud is trickery practiced by the prevailing party upon the
unsuccessful party, which prevents the latter from fully proving his case. It affects
not the judgment itself but the manner in which said judgment is obtained.
Disagreeing with the CA, the People maintain that the acts and omissions imputed
to said counsels amounted to mere professional negligence which cannot be
equated with extrinsic fraud in the absence of allegation and evidence of malice.
The People point out that it was Bitanga's own act of jumping bail which did him in,
for had he showed up in court when summoned, he would not have lost the right to
present his defense. The People's arguments are tenable.
Extrinsic fraud is that perpetrated by the prevailing party, not by the unsuccessful
party's own counsel. As a general rule, counsel's ineptitude is not a ground to annul
judgment, for the latter's management of the case binds his client. The rationale
behind this rule is that, once retained, counsel holds the implied authority to do all
acts which are necessary or, at least, incidental to the prosecution and
management of the suit in behalf of his client, and any act performed by said
counsel within the scope of such authority is, in the eyes of the law, regarded as the
act of the client himself. There is an exception to the foregoing rule, and that is
when the negligence of counsel had been so egregious that it prejudiced his client's
interest and denied him his day in court. For this exception to apply, however, the
gross negligence of counsel should not be accompanied by his client's own
negligence or malice. Clients have the duty to be vigilant of their interests by
keeping themselves up to date on the status of their case. Failing in this duty, they
suffer whatever adverse judgment is rendered against them.
In the present case, the acts and omissions attributed to counsel amounted to
negligence only, which cannot be considered extrinsic fraud. Moreover, said
counsel's negligence was caused by Bitanga's act of jumping bail.
It is apparent that Bitanga left Atty. Razon in the dark. While said counsel exerted
effort to contact Bitanga, the latter made himself completely scarce: he vacated his
old business address without leaving a forwarding address or informing Atty. Razon
about the change; worse, after moving to a different address, Bitanga did not bother
to resume communication with Atty. Razon. Even if said counsel could have
appeared in court without his client, his presence would not have salvaged the case
for he had no witness to present or evidence to submit.
There was therefore no factual or legal basis to the conclusion of the CA that
extrinsic fraud prejudiced the right of Bitanga to present his defense. He has only
himself to blame for jumping bail and leaving his case in disarray.

People V Bitanga

Uploaded by

Copyright:

Available Formats

People V Bitanga

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

People V Bitanga

Uploaded by

Copyright:

Available Formats

PEOPLE V BITANGA

G.R. No. 159222

You might also like