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Fule Vs CA
Fule Vs CA
This is a Petition for Review on certiorari of the Decision of the CA, which affirmed the judgment of the RTC of
Lucena City convicting petitioner (the accused-appellant) of Violation of Batas Pambansa Blg. 22 on the basis
of the Stipulation of Facts entered into between the parties during the pre-trial conference in the Trial Court.
FACTS:
A certain Roy Nadera sued Manolo Fule for violation of BP 22. The parties during pre-trial entered into a
stipulation of facts. Prosecution presented evidence but the defense, in lieu thereof, only submitted a
Memorandum confirming the stipulation of facts. It appears, however, that neither Fule nor his counsel
signed the stipulation of facts.
Whether or not the RTC erred in convicting petitioner based on the stipulation of facts
Whether or not the CA erred in sustaining the judgment of the RTC convicting petitioner based solely on the
stipulation of facts
Affirmative. The omission of the signature of the accused and his counsel, as mandatorily required by the
Rules, renders the stipulation of facts inadmissible in evidence. The confirmation by the defense of the said
stipulation of facts by a memorandum does not cure the defect because the Rules require both the accused
and his counsel to sign such stipulation of facts.