D E C I S
I O N
(3rd
Division)
NACHURA, J.:
I.
THE FACTS
On July 8, 1994, an information
for reckless imprudence resulting
in homicide was filed against the petitioner before the RTC of Bulacan.
Trial on the merits ensued and on August 19, 1998, the trial court convicted
the petitioner as charged.
In his appeal before the CA, the petitioner
questioned, among others, for the first time, the trial court's jurisdiction.
The appellate court, however, in the challenged decision, considered the
petitioner to have actively participated in the trial and to have belatedly
attacked the jurisdiction of the RTC; thus, he was already estopped by laches
from asserting the trial court's lack of jurisdiction. Finding no other ground
to reverse the trial court's decision, the CA affirmed the petitioner's
conviction but modified the penalty imposed and the damages awarded.
