CASE 3: G.R. No.

L-37933 April 15, 1988

FISCAL CELSO M. GIMENEZ and FEDERICO B. MERCADO, petitioners,

vs.
HON. RAMON E. NAZARENO, Presiding Judge, Court of First Instance of Cebu and
TEODORO DE LA VEGA, JR., respondents.

Topic: Jurisdiction
Nature: Petition on certiorari arising from the denied Motion for Reconsideration that questioned
the trial court’s decision on the ground that it will render nugatory the constitutional provision on
"trial in absentia"
FACTS:
De la Vega and five others, was charged with murder. They were arraigned and all
pleaded not guilty. Before the first hearing, De la Vega escaped from detention. Prosecutors file
a motion to proceed with the hearing in absentia, invoking Sec 19, Art IV of the 1973
Constitution.
The lower court proceeded with the trial. The proceedings against de la Vega were held
in abeyance while the other five were dismissed. The petitioners filed a Motion for
Reconsideration questioning the decision on the ground that it will render nugatory the
constitutional provision on "trial in absentia". However, this was denied by the lower court.
Hence, this petition.
ISSUE:  
WON a court loses jurisdiction over an accused who after being arraigned, escapes from
the custody of the law.
RULING:
The lower court acquired jurisdiction over De la Vega when he appeared during the
arraignment and pleaded not guilty to the crime charged. In cases criminal, jurisdiction over the
person of the accused is acquired either by his arrest or voluntary appearance in court. Such
voluntary appearance is accomplished by appearing for arraignment as what De La Vega did in
this case. Thus, jurisdiction was acquired by the court over his person and this continues until
the termination of the case, notwithstanding his escape from the custody of the law.