people vs beriales

Facts: A case of three men who were charged for the murder of Saturnina on Sept.
13, 1974. During the hearing on Nov. 26, 1974, upon motion of the defense the C
ourt ordered the re-investigation of the case pending submission of the Fiscal o
f its reports. Couple of postponements was made until Dec. 13, 1974 hearing when
the Court proceeded with the arraignment and trial in the absence of the Fiscal
and its report on re-investigation, and over the disagreement of the defense. T
he CFI of Leyte relied on the private prosecutor being authorized by the Fiscal
to present evidence and the defense presumed to have waived its right over its d
isagreement. Trial then proceeded and the 3 found guilty of he offense. Thus, th
is appeal on the constitutional requirement of due process.
Issue: Whether or not due process of law had been observed.
Held: Constitutional due process was violated, thus, case remanded to CFI for ar
raignment and trial. Court should have held in abeyance the trial while the repo
rt on e-investigation was still pending. Consistent disregard of the defense obj
ection on the arraignment, trial, presentation of private prosecutor s evidence, a
nd rendition of judgment violates due process. Prosecutor or Fiscal entrusted wi
th the investigation is duty bound to take charge until final termination. They
shall have direction and control of the criminal prosecution over private prosec
utors.