6/9/2020
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Motion for Extension of Time to file her brief.
Ochoa filed her Appellant's Brief on September 4, 2000[29] while the People, through
the Office of the Solicitor General (OSG), filed its Appellee's Brief on March 1, 2001.[30]
The Special Fourteenth Division of the Court of Appeals promulgated its Decision[31]
dated June 17, 2002 affirming the appealed RTC decision dated April 17, 2000. Ochoa
filed a Motion for Reconsideration,[32] which the People opposed for being bereft of
merit.[33]
In its Resolution[34] dated August 6, 2003, the Court of Appeals declared that it had no
jurisdiction over Ochoa's appeal, ratiocinating thus:
We affirmed this judgment on 17 June 2002. While neither the accusedappellant nor the Office of the Solicitor General representing the people ever
raised the issue of jurisdiction, our second look at the suit proved worthwhile
because we came to realize that we mistakenly assumed jurisdiction over
this case where it does not obtain.
It was error to consider accused-appellant's appeal from a trial court
judgment imposing life imprisonment in Criminal Case No. Q-98-77300 for
illegal recruitment in a large scale. Consequently, the judgment we rendered
dated 17 June 2002 is null and void. No less than Article VIII, §5(2)(d) of
the Constitution proscribes us from taking jurisdiction--
SECTION 5. The Supreme Court shall have the following powers:
xxxx
(2) Review, revise, reverse, modify or affirm on appeal or
certiorari as the law or Rules of Court may provide, final
judgments and orders of the lower court in:
xxxx
(d) All criminal cases in which the penalty imposed is reclusion
perpetua or higher...
§17(1) of the Judiciary Act of 1948 reiterates SECTION 17. Jurisdiction of the Supreme Court.
The Supreme Court shall have exclusive jurisdiction to review,
revise, reverse, modify or affirm on appeal, as the law or rules of
court may provide, final judgments and decrees of inferior courts
as herein provided, in-elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/26427
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