People vs Tabag

Facts:

At about 10:00 p.m. of 11 March 1984 in Sitio Candiis, Barangay Cabidianan, New Corella, Davao, the spouses Welbino Magdasal, Sr., and Wendelyn Repalda Magdasal, together with their children Welbino, Jr., and Melisa, were massacred in their home allegedly by members of the Integrated Civilian Home Defense Force (ICHDF). On 15 July 1985, an information for murder against accused Coloma Tabag, Sarenas Tabag, Marcelino Tabag, Fernando Maglinte, Jr., Artemio Awod, Romeo Aguipo, Leopoldo Leoncio, and Ernesto Mawang was filed with the Municipal Trial Court (MTC) of New Corella, Davao.  Accompanying the information were the abovementioned joint affidavit, sworn statements, and death certificates of the victims.  The information was docketed as Criminal Case No. 897. Tabag, Artemio Awod, Laureño Awod, and Romeo Aguipo were arrested. All of them entered a plea of not guilty at their arraignment. On 19 October 1989, accused Laureño Awod and Artemio Awod, together th three others, escaped from the Provincial Jail.  Upon being informed of this incident, the trial court continued the proceedings as against Sarenas Tabag, Coloma Tabag, and Romeo Aguipo only.

Issue:

 W/N the trial court also erred in not proceeding with the case against Laureño Awod and Artemio Awod after their successful escape on 19 October 1989 while in preventive detention.

Held:

Yes, the trial court erred in not proceeding with the case against Laureño Awod and Artemio Awod after their successful escape on 19 October 1989 while in preventive detention.  They had already been arraigned.  Therefore, pursuant to the last sentence of paragraph (2), Section 14, Article III of the Constitution,^[55] trial against them should continue and upon its termination, judgment should be rendered against them notwithstanding their absence unless, of course, both accused have died and the fact of such death is sufficiently established.  

The trial court is ordered to continue with the proceedings in Criminal Case No. 6364 as against accused Laureño Awod and Artemio Awod if they are still alive. Costs against accused-appellant Sarenas Tabag.SO OR DERED.