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In the same Order, the trial court set the date for
trial on 15 December 1992.[58] Private complainants,
however, failed to appear on said date, prompting
the defense to move for the dismissal of the
case.[59] The trial court denied the motion since it
was only the first time that the private complainants
failed to appear.[60] The trial court then reset the trial
to 22 December 1992, warning that should the
prosecution witnesses fail to appear, [the court] will
be constrained to dismiss [the] case for failure to
prosecute.[61]
The records further reveal that on 22 December
1992, the court again reset the trial to 19 January
1993, this time with the agreement of both the
prosecution and the defense.[62]
The prosecution conducted the direct
examination of private complainant Raul Durano in
the trial of 19 January 1993, but his crossexamination was postponed to 28 January and 2
February 1993 for lack of time.[63] Evidently, the trial
court had to hear two other cases awaiting trial on
the same day.[64]
Over the defenses objection, the hearing of 28
January 1993 was again postponed when private
complainants Genteroy and Durano, who were
present in court, left because they thought that trial
would not push through that morning.[65]
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