G.R. No. L-64731 October 26, 1983 PEOPLE OF THE PHILIPPINES, petitioner, vs. THE PRESIDING !DGE, REGION"L TRI"L #O!RT, FIRST $!DI#I"L REGION, %R"N#H &L', !RD"NET", P"NG"SIN"N, ()* RODOLFO '"LDE+, R., respondents. FACTS: Private respondent Rodolfo Valdez, Jr. Jr. is charged in Criminal Case o. !"#$#% &ith m'rder (efore the Regional Trial Co'rt of Pangasinan, First J'dicial Region, )ranch *+V in !rdaneta. e is o't on a P#-,---.-- (ail (ond with a condition that he "will at all times hold himself amenable to the orders and processes of the Court.
After his arraignment, Rodolfo Rodolfo Valdez, Valdez, Jr., Jr., thr' his co'nsel, manifested manifested orall in open co'rt that he &as &aiving his right ri ght to (e present d'ring the trial. The prosec'ting fiscal moved that respondent Rodolfo Valdez, Jr. Jr. (e compelled to appear and ( e present at the trial so that h e co'ld (e /dentified ( prosec'tion &itnesses. Respondent 0'dge in his 1rder, dated April April 23, 2%4#, s'stained the position of private respondent &ho cited the ma0orit opinion in the case of )enigno S. A5'ino, Jr. vs. 6ilitar Commission o. o. 7, et al., 8# SCRA 3$8, and held that 9he cannot (e validl compelled to appear and (e present d'ring the trial of this case.
Th's, Petition for certiorari &as raised: 2; that pending the resol'tion of this case on the merits, a &rit of preliminar in0'nction (e iss'ed to restrain respondent 0'dge from enforcing his 1rder d ated April 23, 2%4# 7; that said 1rder dated April 23, 2%4# of respondent 0'dge (e ann'lled and set aside and #; t(t r/(te re0o)*e)t Ro*o o '(*e, r. r. be coee* to (e(r *5r) te tr( o #r)( #(0e No. !-3439 e)e/er re5re* to *o 0o b te tr( co5rt. < The Co'rt allotted the private respondent to file an ans&er to the petition.
/SS!=: >hether or not respondent Rodolfo Valdez, Jr. despite its &aiver of his right to (e present, can the trial co'rt coe to be re0e)t *5r) te tr( of tr( of Criminal Case o. !"#$#% so that he can be *e)te* b te t)e00e0 or te ro0ec5to)? ro0ec5to)?
=+@: es. es. The right to (e present at oneBs trial ma no& (e &aived ecept onl that stage &here the prosec'tion intends to present &itnessed &ho &ill identif the acc'sed. ence, not&ithstanding the &aiver of the acc'sed, re5'iring h is presence for identification p'rposes d'ring trial is designed to afford the PeopleBs &itnesses the opport'nit to identif him in Co'rt as the person charged in the information, for if it is possi(le, for eample, that a &itness ma not Dno& the name of the c'lprit ('t can identif him if he sees him again.
A@@/T/1A+ @1CTR/=: itBs not present in the case;..hehe Article ///, Section 2$ of the Constit'tion a'thorizing trials in a(sentia allo&s the acc'sed to (e a(sent at the trial ('t not o n certain stages of the proceedings, to &it:
2. At arraignment and plea, &hether of innocence or g'ilt. 7. @'ring trial &henever necessar for identification p'rposes #. At the prom'lgation of sentence 'nless it is for light offense, in &hich case the acc'sed ma appear ( co'nsel or representative.
