1 Alonte Digest
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7/27/2019 1 Alonte Digest http://slidepdf.com/reader/full/1-alonte-digest 1/1 Alonte v Savellano (1998) Doctrine: Not following rules of crim pro is denial of procedural due process Facts 1. Information was filed against Mayor Alonte and Concepcion, as principal and accomplice, respectively, for the crime of rape 2. Complainant filed for Petition for Change of Venue from Binan, Laguna to Manila 3. Complainant submitted an Affidavit of Desistance (AOD) during the pendency of Petition for Change of Venue 4. Petition for Change of Venue was granted and new RTC judge shall also resolve whether AOD was valid and done voluntarily 5. During the arraignment, both petitioners pleaded not guilty, and all parties thereafter agreed to waive pre-trial; 6. The complainant and her parents went to the hearing to affirm the validity and voluntariness of the affidavit 7. Prosecution then had no further evidence against accused, therefore they moved for a dismissal of the case 8. Judge said that the case was submitted for decision 9. Alonte filed several motions for application for bail and early resolution which the respondent Judge did not act on 10. Judge Savellano then promulgated a decision, where the the petitioners were in absentia, convicting petitioners guilty of rape Relevant Issue WON Judge Savellano violated provisions of the Rules on Criminal Procedure, specifically, in the conduct and order of trial prior to the promulgation of a judgment, which then amounts to the deprivation of petitioners' right to due process of law Holding Yes. Truly. Violation to the bones. The order of trial should be this, per Sec 3, Rule 119, Rules of Court, to wit: 1. The prosecution shall present evidence to prove the charge and, in the proper case, the civil liability. 2. The accused may present evidence to prove his defense, and damages, if any, arising from the issuance of any provisional remedy in the case 3. The parties may then respectively present rebutting evidence only, unless the court, in furtherance of justice, permits them to present additional evidence bearing upon the main issue 4. Upon admission of the evidence, the case shall be deemed submitted for decision unless the court directs the parties to rgue orally or to submit memoranda 5. However, when the accused admits the act or omission charged in the complaint or information but interposes a lawful defense, the order of trial may be modified accordingly Steps 2, 3, and 5 w ere violated. "There can be no short-cut to the legal process, and there can be no excuse for not affording an accused his full day in court." Fallo For failure of due process, the assailed judgment, convicting petitioners is declared null and void, the case is remanded to RTC for further proceedings
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Transcript of 1 Alonte Digest
7/27/2019 1 Alonte Digest
http://slidepdf.com/reader/full/1-alonte-digest 1/1
Alonte v Savellano (1998)
Doctrine: Not following rules of crim pro is denial of procedural due process
Facts1. Information was filed against Mayor Alonte and Concepcion, as principal and accomplice,
respectively, for the crime of rape2. Complainant filed for Petition for Change of Venue from Binan, Laguna to Manila3. Complainant submitted an Affidavit of Desistance (AOD) during the pendency of Petition for
Change of Venue4. Petition for Change of Venue was granted and new RTC judge shall also resolve whether
AOD was valid and done voluntarily5. During the arraignment, both petitioners pleaded not guilty, and all parties thereafter agreed
to waive pre-trial;6. The complainant and her parents went to the hearing to affirm the validity and voluntariness
of the affidavit7. Prosecution then had no further evidence against accused, therefore they moved for a
dismissal of the case8. Judge said that the case was submitted for decision9. Alonte filed several motions for application for bail and early resolution which the respondent
Judge did not act on10. Judge Savellano then promulgated a decision, where the the petitioners were in absentia,
convicting petitioners guilty of rape
Relevant IssueWON Judge Savellano violated provisions of the Rules on Criminal Procedure,specifically, in the conduct and order of trial prior to the promulgation of a judgment,which then amounts to the deprivation of petitioners' right to due process of law
HoldingYes. Truly. Violation to the bones.
The order of trial should be this, per Sec 3, Rule 119, Rules of Court, to wit:
1. The prosecution shall present evidence to prove the charge and, in the proper case, the civilliability.
2. The accused may present evidence to prove his defense, and damages, if any, arising fromthe issuance of any provisional remedy in the case
3. The parties may then respectively present rebutting evidence only, unless the court, infurtherance of justice, permits them to present additional evidence bearing upon the mainissue
4. Upon admission of the evidence, the case shall be deemed submitted for decision unless thecourt directs the parties to rgue orally or to submit memoranda
5. However, when the accused admits the act or omission charged in the complaint orinformation but interposes a lawful defense, the order of trial may be modified accordingly
Steps 2, 3, and 5 w ere violated. "There can be no short-cut to the legal process, and there canbe no excuse for not affording an accused his full day in court."
FalloFor failure of due process, the assailed judgment, convicting petitioners is declared null and void,the case is remanded to RTC for further proceedings
