Criminal Law, 2018 Bar — Question XV

ESSAY

During the presentation of the prosecution's evidence, Reichter was called to the witness stand with the stated purpose that he would testify that his wife Rima had shot him in the stomach with a .38 caliber pistol, resulting in near fatal injuries. Upon objection of the defense on the ground of the marital disqualification rule, the presiding judge (Judge Rossano) disallowed Reichter from testifying in the case. Its motion for reconsideration having been denied, the People of the Philippines went up on certiorari to the Court of Appeals (CA) questioning Judge Rossano's ruling. After due proceedings, the CA rendered judgment declaring Judge Rossano's ruling void ab initio for having been made with grave abuse of discretion amounting to lack or excess of jurisdiction, and directing Judge Rossano to allow Reichter to testify in the criminal case for the stated purpose. This is based on the fact that the marital privilege rule does not apply where a spouse committed the crime against the other. As the CA decision became final and executory, the criminal case before the RTC was calendared for trial. At the scheduled trial, the prosecution called Reichter to the witness stand in order to testify on the same matter it earlier announced. The defense objected on the ground that the CA erred in its disposition of the certiorari case. Judge Rossano sustained the objection and again disallowed Reichter from testifying in the criminal case. Repeated pleas from the prosecution for Judge Rossano to reconsider his ruling and to allow Reichter to testify fell on deaf ears. May Judge Rossano be convicted of a crime? If yes, what crime did he commit? (5%)

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