- Petitioner
- Amado B. Teodoro
- Respondent
- Court of Appeals
- Citation
- G.R. No. 103174
- Court
- Supreme Court
- Decided
- July 11, 1996
Whether petitioner committed grave slander by deed and procedural issues regarding withdrawal of criminal appeal
Summary
Amado Teodoro was convicted of grave slander by deed for slapping pregnant corporate treasurer Carolina Tanco-Young during a heated board meeting dispute. The case involved significant procedural issues when Teodoro attempted to withdraw his appeal after paying the original P110.00 fine, seeking to avoid a harsher penalty on appeal. The Supreme Court affirmed that withdrawal of criminal appeals is discretionary, not a right, especially when it would allow judicial errors to go uncorrected. The Court found the slander grave due to the victim being a pregnant woman of social standing, but modified the penalty from 3 to 6 months arresto mayor considering mitigating circumstances. The case establishes important precedents on criminal appeal withdrawal procedures and the classification of slander by deed based on victim's condition and social circumstances.
Focus of dispute
Whether petitioner committed grave slander by deed and procedural issues regarding withdrawal of criminal appeal
Legal facts
Petitioner Amado Teodoro (vice-president/corporate secretary of DBT-Marbay Construction Inc.) and complainant Carolina Tanco-Young (treasurer) were in a corporate meeting on August 17, 1984. A heated argument arose over a controversial document that Teodoro wanted signed. Tanco-Young questioned its propriety and allegedly called Teodoro a 'falsifier', which enraged Teodoro who then slapped the seven-months pregnant Tanco-Young in the presence of other board members including her father Agustin Tanco.
Judgement and reasoning
Court of Appeals (CA): Affirmed the RTC decision, ruling that withdrawal of appeals lies in the sound discretion of the trial court and that payment of the MeTC fine did not render that decision final since the appeal stayed execution. Found no abuse of discretion in denying the withdrawal motion.
Metropolitan Trial Court (MeTC): Found petitioner guilty of simple slander by deed and sentenced him to pay a fine of P110.00.
Regional Trial Court (RTC): Denied petitioner's motion to withdraw appeal, finding him guilty of grave slander by deed instead of simple slander. Sentenced to 3 months arresto mayor, considering that the victim was a pregnant woman who could suffer emotional stress that might cause abortion. The court determined the slander was serious in character given the circumstances.
Supreme Court (SC): Affirmed the conviction but modified the penalty. Held that withdrawal of appeal is discretionary, not a matter of right, and that allowing withdrawal would permit an error to go uncorrected. However, modified the sentence to 6 months arresto mayor considering one mitigating circumstance (voluntary surrender) and ordered the P110.00 fine returned.