1 Compilation Crim Pro Case Digests

20. People v. Relova

Facts:1 Feb 1, 1975 - Police searched the ice plant owned by Opulencia; they discovered electric wiring,

devices and contraptions had been installed without necessary authority from city govt2 Nov 24, 1975 - Asst. City Fixcal filed info against Opulencia for violation of a city ordinance which

prohibits unauthorized wiring installations.3 Opulencia pleaded not guilty and filed motion to dismiss on the ground that the crime had alrdy

prescribed (offense charged was a light felony w/c prescribes 2 mos from discovery thereof.)4 Lower court dismissed the case5 Acting City Fiscal filed another info for theft of electric power6 Opulencia filed Motion to Quash upon the ground of double jeopardy7 Judge Relova granted motion and dismissed the case.8 Motion for Recon denied, hence this appeal

Issue: WON there was double jeopardy

Ratio Decidendi: A person who was charged for violating a city ordinance for having installed a meteringdevice to lower his electric bills which was dismissed for prescription of the offense may not be chargedagain for theft of electric power under the RPC

Reasons:1 The second sentence of Art. IV Sec. 22 embodies an exception to the gen. Proposition: the consti

protection, against double jeopardy is available although the prior offense charged under anordinance be different from the offense charged subsequently under a national statute such as theRPC, provided that both offenses spring from the same act or set of acts

2 Where an offense is punished by different sections of a statute or different statutes, the inquiry, forpurposes of double jeopardy is on the identity of offenses charged BUT where an offense ispenalized by an ordinance and a statute, the inquiry is on the identity of acts.

Since the dismissal of the case against Opulencia for violation of an ordinance alrdy amounted to anacquittal, he can no longer charged with an offense punishable under a statute which arise from the sameact.21. People v. City Court of Manila

Facts:1 Oct. 17, 1972 - Diolito dela Cruz figured in an accident2 Oct. 18– an info for serious physical injuries thru reckless imprudence (SPIRI) was filed against

private respondent driver of the truck3 Oct. 18 – the victim died4 Oct. 20 – private respondent was arraigned on the charge of SPIRI; he pleaded guilty5 Oct 24 – an info for homicide thru reckless imprudence (HRI) was filed against priv. Resp.6 Nov. 17 – city court of Mla dismissed above info on the ground of double jeopardy

Issue: WON there was double jeopardy

Ratio Decidendi: Where the victim of an accident died 2 days prior to the arraignment of the accusedwho pleaded guilty to an info for SPIRI, he can no longer be charged with HRI as no new fact supervenedafter the arraignment.

Reasons:1 Molo v. People – held that where the accused was charged with physical injuries and after

conviction the injured person dies, the charge for homicide against the same accused does not put

him twice in jeopardy.2 Above case not applicable in the instant case bec. there was no supervening event3 (kasi nga patay na si Diolito nung na-convict si Gapay for SPIRI, if it were the other way around, i.e.

na-convict muna si Gapay bago namatay si Diolito, walang double jeopardy kc may superveningevent na)

Dispositive Portion: Order of dismissal of lower court affirmed.

3

22. Galman v. Sandiganbayan

Facts:1 Aug. 21, 1983 – Ninoy Aquino was assassinated while inside the premises of the Mla Intl Airport. 2 3 hours after the incident, the military investigators reported that the man who shot Aquino was a

communist-hired gunman … the latter was gunned down in turn by the military (a few days later,said gunman would be identified as Rolando Galman)

3 Marcos established a Fact Finding Board (the Agrava Board) to investigate the case4 Oct 23 & 24, 1984 – after 125 days of hearing the testimonies of 194 witnesses recorded in 20377

pages of transcript, the Agrava Board came up with a minority and majority report, both contendingthat the killing was not a communist plot but a military conspiracy.

ü Minority report – 6 persons who were at the service stairs as plotters, and Gen. LutherCustodio was essential to the implementation of the plan

ü Majority report – 26 persons headed by gen Fabian Ver, all acting in conspiracy with oneanother in the premeditated killing of Ninoy

Œ Nov 11, 1985 – Saturnina Galman and Reynaldo Galman together with 29 other petitioners,charged the Tanodbayan and the Sandiganbayan of serioud irregularities constituting mistrial andresulting in the miscarriage of justice for want of due process of law; they prayed for a TRO, anullification of the proceedings and a re-trial before an impartial tribunal by an unbiased prosecutor

Œ Nov 18, 1985 – a 9-to-2 vote of the SB granted the TROŒ Nov 28, 1985 – the same 9-to-2 ratio dismissed the petition and lifted the TROŒ Nov. 29, 1985 – the petitioners filed a motion for recon based on the lack of legal ground for the

dismissalŒ Dec 5 – all of the accused were acquitted … even though Galman was not on trial, he was, in

effect, convicted as the assassin of NinoyŒ Mar 6, 1986 – the Mla Times published an article entitled “Aquino Trial A Sham”, which had for its

context the revelations of Deputy Tanodbayan Manuel Herrera that the graft court were convincedby Marcos to whitewash the criminal cases

Œ June 5 – SC appointed a 3-member commission (Vasquez Commission) to hear and receiveevidence of the charges of collusion and pressure

Œ July 31 – the Vasquez Commission submitted its report with an affirmation of the “secret meeting”held in Malacañang, wherein Marcos ordered Justice Pamaran to handle the case (without rafflingthe case first) and for the entire tribunal to have all of the accused acquitted

Issue(among others): WON a call for a re-trial of the case would be tantamount to double jeopardy

Ratio Decidendi: Where the court lacked jurisdiction to conduct a fair trial, double jeopardy does notattach.

Reasons:1 No court whose presiding justice received “orders or suggestions” from a President whose decree

made it possible to refer a case to his court can be an impartial tribunal2 Jurisdiction over cases shld be determined by law and not by the pre-selection of the Executive,

which could be too easily transformed into a means of predetermining the outcome of individual

cases3 A dictated, coerced, and scripted verdict of acquittal is a void judgment; in legal contemplation, it

neither binds nor bars anyone; such judgment is a lawless thing which can be treated as an outlaw.

People vs Garcia, Evylyn

(hindi nakasama sa numbering but this is before PPL vs Burgos)Nature:Facts:April 5, 1991: NARCOM, Cebu received information from an informer that accused was engaged in thesale of marijuana.

Major Esa Hassan, commanding officer, instructed Sgt. Basilio Sarong to conduct surveillance.The latter performed surveillance and witnessed the accused in the act of selling marijuana. Sarongreported activities to Hassan.

April 10, 1991: Sarong conducted another surveillance for the purpose of a buy-bust operation. S yieldedpositive results.

Hassan formed a buy-bust team composed of Sgt. Saron as poseur-buyer and other NARCOMofficers.

2 marked 20 peso bill

April 12, 1991, 12:30 pm: team posted themselves and waited until accused approached Sarong andasked him if he wanted to buy marijuana. Sarong said yes and accused asked him to wait for awhile andwhen she retuned, she handed him 15 sticks of marijuana cigaretters. Sarong smelled the sticks andwhen he was sure that they were marijuana sticks, he scratched his head (signal) and the other membersof the team arrested accused and recovered the 20 peso marked bill.

CIC Ceballos, evidence custodian conducted field test: positivePNP Crime Lab: positive

Defense: was playing bingo with mom and neighbors when a man placed his arms around her shouldersand led her 40 m. away from her house.

3 went with man coz he thought she was a relative or friend4 another man alighted from NARCOM vehicle and showed her marijuana and asked her if she had

some, she said no5 man frisked her, took P55 and brought her to office of NARCOM

Procedure:April 16, 1991: accused was charged with violation of

6 Sec 4, Article 2, RA 64257 RTC, Cebu

RTC ruled:8 guilty9 LI +20thou10 Seized objectes to be burned in the presence of NARCOM reps, prosecution, court

Issue:1. WON objects in evidence were planted evidenceHeld: NO

11 she only claimed that they have ‘earmarls of planted evidence’12 earmarks are the result of normal handling of evidence13 because sale was sufficiently established, there was actually no need to present the cigarettes

and the bill

Issue: WON there was a valid arrest and searchHeld: YesRatio:

If an accused is caught in flagrante in a buy-bust operation, then she could be lawfully arrestedwithout a warrant and searched for dangerous weapons or anything which may be used as proof of thecommission of the offense (Section 5(a), Rule 113 and section 12, rule 126)

Dispositive portion: DECICION AFFIRMED with modification as to penalty.

WHEREFORE, the challenged decision of Branch 5 of the Regional Trial Court of Cebu in Criminal CaseNo. CBU-21653 is hereby AFFIRMED, subject to the modification of the penalty. Accused-AppellantEVELYN GARCIA Y DELIMA is hereby sentenced to suffer an indeterminate penalty ranging from Six (6)months of arresto mayor as minimum to Six (6) years of prision correccional as maximum.

5. People vs Burgos Nature: Appeal from the decision of the RTC of Davao del SurFacts:

One Cesar Masamlok surrendered to the authorities at the Davao del Sur Constabulary HQ.

He testified that Ruben Burgos forcibly recruited him as member of NPA. Burgos threatened himwith the use of a firearm. Masamlok attended the seminar where Burgos spoke about his membershipwith the NPA and the organization’s desire to overthrow the government.

Pursuant to this information, PC-INP members went to house of accused. Accused was plowingthe field when they arrived.

Pat. Bioco called accused and asked him about the firearm. Accused denied possession of saidfirearm but later, his wife pointed to a place below their house where a gun was buried in the ground.

After the recovery of said firearm, accused pointed to a stock pile of cogon where the officersrecovered:

14 marron notebook15 pamphlets: Ang Byan, Pahayagan ng Paritdo Komunista ng Pilipinas ets

Accused admitted that firearm was issued to him by Nestor Jimines, team leader of sparro unit.

RTC: convicted

Issue: WON warrantless arrest was validHeld: NORatio:Not under the conditions provided in rules

1. The officer arresting a person who has just committed, is committing, or is about to commit anoffense must have personal knowledge of that fact.

2. The test of reasonable ground applies only to the identity of the perpetrator3. Under Section 6(b), it is not enough that there is reasonable ground to believe that a person to be

arrested has committed a crime; a crime must in fact or actually have been committed first.

Issue: WON search was validHeld: NORatio:

If an arrest without a warrant is unlawful at the moment it is made, generally nothing that

happened or is discovered afterwards can make it lawful.

16 There was to waiver to search in case at bar.To constitute waiver, 3 requisites must concur:1. that the right exists2. that the person involved had knowledge, actual or constructive, of the existence of such right3. that said person had an actual intention to relinquish the right

Others:17 denied of right to counsel during custodial interrogation18 counsel was only called when accused subscribed under oath his statement

Masamlok’s testimony was uncorroborated. He was an interested witness. Wanted trade-off: membershipwith Civil Home Defense Force.

Disposition. JUDGMENT REVERSED AND SET ASIDE.ACQUITTED.

6. People vs Aruta, April 3, 1998

Nature: Appeal from a decision of the RTC, Olongapo City, Br 73Facts:Based on the testimonies of P/Lt. Ernesto Abello, Officer-in-charge (NARCOM, olongapo and P/Lt. JoseDomingo:

December 13, 1988: Abello was tipped off by “Benjie” that a certain Aling Rosa was arriving from BaguioCity the ff day with a large volume of marijuana.

Paello assembled team and they proceeded the next day to West Bajac-Bajac, Olongapo Cityand deployed themselves near PNB building.

Victory Liner Bus 474 arrived and 2 females and 1 male got off. Informant pointed at Aling Rosa who wasthen carrying traveling bag.

NARCOM approached accused and introduced themselves as NARCOM agents. Abello asked accusedabout contents of her bag and accused handed it to the former.

Inspection: dried marijuana leaves packed in a plastic bag marked Cask Katutak.

Agents confiscated bag and ticket and brought accused to NARCOM office where a receipt of PropertySeized was prepared for confiscated leaves.

PC/INP Crim Lab: positive

Procedure:Prosection rested its case after presentation of testimonies of arresting officers and technical report.

Defense did not present evidence but instead:Filed a Demurrer to evidence allegeging that:

19 illegal search and seizure 20 inadmissibility of materials seized as evidence

Trial court denied demurrer to Evidence and did not rule on the illegality of search and seizure andinadmissibility of evidence.Accused testified on her behalf:

21 just came from theater after watching Balweg22 was merely helping old woman to carry shoulder bag when she was approached by agents23 she did not know woman personally and she averred that old woman was nowhere to be found

after her arrest

Prosecution made formal offer of evidence.Defense filed Comment and/or Objection to Prosecution’s Offer of Evidence

24 contested admissibility of the items seized as they were allegedly the product of an unreasonablesearch and seizure

RTC: conviction for transporting 8 kilos and 500 grams of marijuana25 section 4, article 2 of RA 642526 LI + 20 thou without subsidiary imprisonment in case of insolvency

Issue: WON there was a valid warrantless arrest and searchHeld: NoRatio:If probable cause is not established then a warrantless arrest and search incident to such warrantlessarrest is invalid.

27 no PC because accused was not even acting suspiciously28 officers had reasonable time to get warrant29 search was made on street, not on moving vehicle30 not in plain view31 not stop and frisk32 not under exigent and emergency circumstances33 not a waiver when she consented:

o The lack of objection to the search is not tantamount to a waiver of her consti rights or avoluntary submission to a warrantless search

o To constitute valid waiver, there must be an actual intention to relinquish right.No valid arrest under sec 5, rule 113

a) when in his presence, the person to be arrested has committed, is actually committing, or isattempting to commit an offense

34 accused was merely crossing street35 no PC to establish that she was committing crime at that time

If an arrest is incipiently illegal, then the subsequent search is similarly illegal, it being not incidental to alawful arrest.

JUDGeMENT REVERSED AND SET ASIDE, ACCUSED ACQUITTED AND ORDERED RELEASED.7. Go VS CA Nature: Petition for review on certiorariFacts: (based on findings of San Juan Police)

Eldon Maguan was driving along Wilson Street heading towards P Guevarra St while petitionerentered Wilson St and started traveling in the wrong direction (1-way street).

Their cars merely bumped each.Petitioner alighted from his car, walked over, shot Maguan, and left the scene. Police arrived shortly and retrieved an empty shell and one round of live ammunition.Security guard at nearby resto took down petitioner’s car plate number.The ff day, petitioner went to Cravings Bakeshop and optained impression of the credit card used

by petitioner. Together with that and the positive identification by the bakeshop’s guard of the Rolito Go,the police launched a manhunt.

On July 8, 6 days after the incident, petitioner and his 2 lawyers went to police station to verifyreports that police was hunting him.

Procedure:Police detained him and filed a complaint for frustrated homicide.1st Assistant Provincial Prosecutor Ignacio informed him of his right to avail himself of his right to preliminvestigation but that he must 1st sign a waiver of the provisions of Article 125 of RPC. He refused.

While complaint was still with Prosecutor, Maguan died of his gunshot wounds. July 9, 1991

Prosecutor filed information for frustrated homicide before RTC. NO bail. Prosecutor certified that noprelim investigation had been conducted because accused did not sign a waiver of the provisions o Article125. July 11, 1992

Counsel for petitioner filed with prosecutor an omnibus motion for immediate release and properpreliminary investigation:

36 unlawful arrest37 no preliminary investigation

Provincial Prosecutor interposed no objection to petitioner being granted provisional liberty on a cashbond of 100thou.

Urgent ex-parte motion to expedite action on bail recommendation.Judge approved cash bond and petitioner was released. July 12

Prosecutor: motion for leave to conduct PI and that proceedings be suspended.Granted and cancelled August 15 arraignment until after the conclusion of PI. July 16Another Order issued motu proprio:

1. grant of bail was recalled and petitioner was given 48 hours to surrender himself2. grant for leave to conduct PI cancelled3. motion for immediate release and PI was treated as petition for bail and set for hearing

Petitioner filed petition for certiorari, prohibition and mandamus before SC:1. info was null and void for lack of PI2. moved for suspension of all proceedings pending resolution by SC of this petitioner

Denied by respondent judge. July 19

Petitioner surrendered himself to police. July 23

Court, by resolution, remanded above petition to CA. July 24

PETR(petitioner): motion to restrain his arraignment at CA. August 19

Judge: commitment order to admit PETR into the Rizal Provincial Jail. PETR was arraigned but becauseof his refusal to enter plea, trial court entered for him a plea of not guilty. Criminal case was set forcontinuous hearings. August 23

PETR: petition for habeas corpus in CA38 public respondents’ failure to join issues in the petition for certiorari earlier filed by him, after a

lapse of more than a month, thus prolonging his detention, he was entitled to be released onhabeas corpus. August 27

CA issued write of habeas corpus. Petition for certiorari, prohibition and mandamus and petition for HCwere consolidated. August 30

CA denied motion to restrain his arraignment on the ground that motion had become moot and academic.September 2

Trial commenced and prosecution presented its 1st witness. September 19CA dismissed 2 petitions. September 23

PETR filed present petition for review on certiorari. Judge was ordered to hold in abeyance the hearing ofthe criminal case until further orders.

Issue: WON a lawful warrantless arrest had been effected by San Juan PoliceHeld: NORatio:Warrantless arrests are valid only when:

(a) When, in his presence, the person to be arrested has committed, is actually committing, or isattempting to commit an offense;

(b) When an offense has just been committed and he has probable cause to believe based onpersonal knowledge of facts or circumstances that the person to be arrested has committed it;and

39 Sec 5(a): NA

o Arresting officers were not present when shooting occurred

40 Sec 5(b): NA

o Crime hss not been JUST COMMITTED

o ‘arrest’ was effected only 6 days after shooting

o officers had no personal knowledge that the crime had been committed

o info was from witnesses

Issue: WON petitioner had effectively waived his right to preliminary investigationHeld: NORatio:RULE: if the case has been field in court without a preliminary investigation having been first conducted,the accused may within 5 days from the time he learns of the filing of the information, ask for a preliminaryinvestigation with the same right to adduce evidence in his favor in the manner prescribed in this rule.

41 not applicable to case at bar42 accused was not arrested, he was not surrendering himself at the police station

RULE: Once a complaint or information is filed in Court, any disposition of the case such as its dismissalor the conviction or acquittal of the accused rests in the sound discretion of Court.

43 petitioner’s omnibus motion filed with prosecutor and prosecutor’s subsequent motion for leave toconduct PI: effect was as if petitioner’s omnibus motion was field with trial court

RULE: If an accused fails to invoke that right to preliminary investigation before or at the time of enteringa plea at arraignment, then he is deemed to have waive such right.

44 NA to case at bar45 Go had vigorously insisted on his right46 At the time of arraignment, was at CA with petition for certiorari, prohibition, and mandamus.

Posting of bail here was not waiver of right to PI:47 omnibus motion was both for release on bail and for PI 48 thus claimed his right to PI before judge approved cash bond and ordered his release

Disposition:

GRANT the petition for review on certiorariProvincial prosecutor ordered to:

1. conduct PI within 15 days2. trial on merits of criminal case in RTC: SUSPENDED3. petitioner released upon posting of cash bond of 100thou

Cruz concurs.NO waiver of PI. Insistent demand for PI

Gutierrez concurs.Follow the rules. J

Griño-Aquino dissents.NO need to conduct PI. It would be supererogatory.Right to PI not a consti right.Abolition of death penalty did not make right to bail absolute so accused may not be released

pending hearing of petition for bail.

8. People vs BaelloNature: Facts:Barangay Captain Eustaquio Borja woke up at 5 am on October 10, 1990 and found his front door openand their tv missing.

He told his wife about the incident and they went to 2nd floor to check on their daughter.49 22 yr old vernonica Borja was found bloodied and dead50 her room’s window was open

Captain summoned authoritities.

They later discovered that the ff. were also missing:Cassette playerCameraJewelry

PC/INP Crime Lab: cause of death was cardio-respiratory arrest due to shock and hemorrhage secondaryto multiple stab wounds

6 pm that same day:Police recovered tv from house of Eugenio Tagifa, husband of accused’s sister

51 was brought to station for questioning52 Sinumpaang salaysay: pointed to accused as person who placed tv under stairs

October 13, 1990 at 5:30:53 accused was captured and brought to police station54 made oral admission of his participation in crime

Was endorsed to the Criminal Investigation Division for formal investigation.

Asked if he could understand, read and write Tagalog: yesCould not afford counsel so was assigned to Atty. Aber Generoso of PAO

55 accused said he committed robbery but denied having killed victim56 he alleged that his companion Gerry could have killed her because he was the one who stayed

on 2nd floor

Police conducted formal investigation where accused gave his statement.Procedure:Information was filed with RTC, Pasig on October 18, 1990

57 accused John Amet Baello “Totong”58 Robbery with Homicide

Arraignment on November 13, 1990:59 entered plea of not guilty

Issue: WON the accused was given the right to counsel during the custodial investigationHeld: yesRatio: See facts.

60 Right to counsel was in compliance with par 1, section 12, article 3 of consti:o Any person under investigation for the commission of an offense shall have the right to be

informed of his right to remain silent and to have competent and independent counselpreferably of his own choice. If the person cannot afford the services of counsel, he mustbe provided with one. These rights cannot be waived except in writing and in thepresence of counsel.

If a person cannot afford the services of counsel, then must be provided with one.

May other issues pa pero ‘to muna.

JUDGMENT AFFIRMED.

35. DE LA CAMARA vs. ENAGE 41 SCRA 1

The (Moot and Academic)Facts*: November 7, 1968 - Then Magsaysay Misamis Oriental Mayor de la Camara was arrested and detainedat the Provincial Jail of Agusan, for his alleged participation in the killing of fourteen and the wounding oftwelve other laborers of the Tirador Logging Co., on August 21, 1968. 18 days later, the Provincial Fiscalof Agusan filed with the CFI a cases of multiple frustrated murder and for multiple murder againstpetitioner, his co-accused Tagunan and Galgo.

January 14, 1969- An application for bail filed by petitioner with the lower court, premised on the assertionthat there was no evidence to link him with such fatal incident of August 21, 1968. He likewise maintainedhis innocence. Respondent Judge started the trial of petitioner on February 24, 1969, the prosecutionresting its case on July 10, 1969. As of the time of the filing of the petition, the defense had not presentedits evidence.

August 10, 1970- Judge Enage issued an order granting petitioner's application for bail, admitting thatthere was a failure on the part of the prosecution to prove that petitioner would flee even if he had theopportunity, but fixed the amount of the bail bond at the excessive amount of P1,195,200.00(P840,000.00 for the 14 counts of multiple murder plus P355,200.00 for the 12 counts of multiplefrustrated murder.) There was a motion for reconsideration to reduce the amount. Enage howeverremained adamant. De la Camara then files a petition for certiorari assailing Enage’s order and prays forits nullification.

March 5, 1971- Enage answers that set forth the circumstances concerning the issuance of the aboveorder and the other incidents of the case, which, to his mind, would disprove any charge that he wasguilty of grave abuse of discretion. It stressed, moreover, that the challenged order would find support incirculars of the Department of Justice given sanction by this Court. He sought the dismissal of the petitionfor lack of merit.

March 31, 1971- both De la Camara and Enage did not appear at the hearing with De la Camara, uponwritten motion was given 30 days to submit a memorandum in lieu of oral argument, Enage in turn having30 days from receipt of memorandum to file his reply. De la Camara submitted the memorandum on April6, 1971.

May 26, 1971-Enage, instead of a reply, submitted a supplemental answer wherein he alleged thatpetitioner escaped from the provincial jail on April 28, 1971 and had since been remained at large. Therewas a reiteration then of the dismissal of his petition for lack of merit, to which petitioner countered in apleading dated June 7, 1971, and filed with this Court the next day with this plea: "The undersignedcounsel, therefore, vehemently interpose opposition, on behalf of petitioner, to respondent's prayer fordismissal of the present petition for lack of merit. For, the issue in this case is not alone the fate ofpetitioner Ricardo de la Camara. The issue in the present petition that calls for the resolution of thisHonorable Tribunal is the fate of countless other Ricardo de la Camaras who may be awaiting the clear-cut definition and declaration of the power of trial courts in regard to the fixing of bail."

* While the facts of this case is moot and academic, it did not preclude the SC from setting forth inlanguage clear and unmistakable, the obligation of fidelity on the part of lower court judges to theunequivocal command of the Constitution that excessive bail shall not be required.

ISSUE: WAS THE AMOUNT OF BAIL ORDERED BY ENAGE EXCESSIVE?

HELD: Yes yes yo kabayo! Sayang lang at pumuga/tumakas si mayor, kaya nga moot (court) & academicang petition

DISPOSITIVE: “WHEREFORE, this case is dismissed for being moot and academic. Withoutpronouncement as to costs.”

SC’s rationale for requirement of non-excessive bail: 1. Before conviction, every person is bailable except if charged with capital offenses when theevidence of guilt is strong. Such a right flows from the presumption of innocence in favor of every accusedwho should not be subjected to the lass of freedom as thereafter he would be entitled to acquittal, unlesshis guilt be proved beyond reasonable doubt. It is not beyond the realm of probability, however, that aperson charged with a crime, especially so where his defense is weak, would just simply make himselfscarce and the frustrate the hearing of his case. A bail is intended as a guarantee that such an intentwould be thwarted. Nor is there anything unreasonable in denying this right to one charged with a capitaloffense when evidence of guilt is strong, as the likelihood is, rather than await the outcome of theproceeding against him with a death sentence, an ever present threat, temptation to flee the jurisdictionwould be too great to be resisted.

2. Where, however, the right to bail exists, it should not be rendered nugatory by requiring a sumthat is excessive. So the Constitution commands. It is understandable why. If there were no suchprohibition, the right to bail becomes meaningless. It would have been more forthright if no mention ofsuch a guarantee were found in the fundamental law. Nothing can be clearer, therefore, than that thechallenged order of August 10, 1970 fixing the amount of P1,195,200.00 is clearly violative of thisconstitutional provision. Under the circumstances, there being only two offenses charged, the amountrequired as bail could not possibly exceed P50,000.00 for the information for murder and P25,000.00 forthe other information for frustrated murder. Nor should it be ignored in this case that the Department ofJustice did recommend the total sum of P40,000.00 for the two offenses.

3. There is an attempt on the part of respondent Judge to justify what, on its face, appears to beindefensible by the alleged reliance on Villaseñor v. Abaño case. The guidelines in the fixing of bail wasthere summarized, in the opinion of Justice Sanchez, as follows: "(1) ability of the accused to give bail; (2)nature of the offense; (3) penalty for the offense charged; (4) character and reputation of the accused; (5)health of the accused; (6) character and strength of the evidence; (7) probability of the accused appearingin trial; (8) forfeiture of other bonds; (9) whether the accused was a fugitive from justice when arrested;

and (10) if the accused is under bond for appearance at trial in other cases." Enage ignored the decisiveconsideration appearing at the end of the above opinion: "Discretion, indeed, is with the court called uponto rule on the question of bail. We must stress, however, that where conditions imposed upon a defendantseeking bail would amount to a refusal thereof and render nugatory the constitutional right to bail, we willnot hesitate to exercise our supervisory powers to provide the required remedy."

No attempt at rationalization can therefore give a color of validity to the challenged order. Nor isthere any justification then for imputing his inability to fix a lesser amount by virtue of an alleged relianceon a decision of this Tribunal. Even if one were charitably inclined, the mildest characterization of such aresult is that there was a clear misreading of the Abaño opinion when such a meaning was ascribed to it.No doctrine refinement may elicit approval if to do so would be to reduce the right to bail to a barren formof words.

36. BERNARDEZ vs. VALERA 4 SCRA 9-11

THE FACTS: February 18, 1961, between 7:30 and 8:00pm- After a hot exchange of words between petitioner andPedro Benedito, inside the NEW YORK (emphasis mine) Restaurant located in the poblacion of Bangued,Abra, Bernardez fired several shots at the latter, hitting him on the left chest, left forearm and in thelumbar region, and likewise hitting Cpl. Reinerio Buenafe’s instantaneous death. The following day Lt.Antonio C. Garcia P.C., filed a complaint for frustrated murder against petitioner in the Justice of thePeace Court of Bangued, in relation to the assault on Benedito and after finding probable cause therespondent Justice of the Peace issued the corresponding warrant of arrest and fixed the bail atP15,000.00.

February 21, 1961- an amended complaint for murder and frustrated murder was filed with the samecourt. Two days later, after admitting the amended complaint, the respondent Justice of the Peace issuedanother warrant of arrest but recommended no bail.

February 24, 1961-petitioner filed with the court a motion for bail, to which the prosecution objected uponthe ground that petitioner was charged with murder and the evidence of his guilt was strong. Hearings onthis motion were held in the course of which the prosecution presented as evidence (1) the amendedcriminal complaint; (2) the affidavit of Benedito; (3) the affidavit of Bersalona; (4) the affidavit of Sgt.Malengen, P.C., (5) the affidavit of M/Sgt. Estolas of the same outfit; (6) the medico-legal autopsy reporton the cause of the death of the deceased Buenafe; (7) the medical certificate concerning the physicalinjuries inflicted on Pedro Benedito; and (8) an affidavit subscribed by petitioner himself. In connectionwith the sworn statements, petitioner stated during the hearing that he was willing to have them admittedas evidence in connection with the incident before the court as if the affiants had actually testified inaccordance with tenor of their respective statement, and further waived his right to cross-examine saidaffiants. The prosecution likewise presented as 5 empty shells: 1 slug found in the scene of the shooting;another extracted from the body of the deceased Buenafe; another slug extracted from the body ofBenedito; 1 dud bullet and 1 live bullet allegedly found inside the magazine of petitioner's firearm.

After the parties had submitted the incident for resolution, the respondent denied the same.Thereafter, claiming that the respondent, in so doing, had committed a grave abuse of discretionamounting to a refusal to comply with a ministerial duty, as a result of which petitioner was illegallydetained, he files the petition for Habeas Corpus and/or Certiorari or Prohibition.

THE ISSUE: WON the respondent was justified in denying the motion for bail.

HELD/DISPOSITIVE PORTION: “IN VIEW OF THE FOREGOING, the order of the respondent judgedenying the motion for bail filed by herein petitioner in Criminal Case No. 1089 of the Justice of the PeaceCourt of Bangued is hereby SET ASIDE, and said respondent is hereby directed to order the release ofpetitioner upon the filing and approval of a bailbond in the sum of P25,000.00.”

THE RULE: If the evidence of offender’s guilt is insufficient to prove the capital offense being charge, thens/he shall be entitled to bail.

THE RATIO: It must be observed in this connection that a person charged with a criminal offense will notbe entitled to bail even before conviction only if the charge against him is a capital offense and theevidence of his guilt of said offense is strong. In the present case, the evidence submitted by theprosecution in support of its opposition to the motion for bail could prove, at most, homicide and notmurder, because it does not sufficiently prove either known premeditation or alevosia.

THE REASON BEHIND RATIO: The case of the prosecution is based on the sworn statement ofBenedito, the substance of which is to this effect: that prior to the shooting incident there was a long-standing grudge between him and petitioner; that at around 4:00pm of February 18 when Beneditopassed in front of the house of one Regino Bernardez, where petitioner and his wife were standing,petitioner asked him for the sum of P50.00 as advance payment for the amicable settlement of a criminalcase filed by a client of petitioner charging Benedito with having run over and killed an old woman inLagangilang two years before, and that petitioner was enraged when he refused to pay the amount; thatbetween 7:00 and 8:00 pm of the same day, Benedito had some drinks at the New York Restauranttogether with Sgt. Estolas and Cpl. Buenafe, while petitioner, his wife and another woman were in thesame place occupying another table; that after Benedito and his companions had left the restaurant theywere followed by petitioner who asked him to return to the restaurant for some more drinks; that theyreturned to the place and took beer; that in the course of their conversation petitioner remarked that it wasstrange that although they were relatives he seemed to be unfriendly towards him, and when Beneditodenied this, Bernardez stood up and drew his gun; that although Benedito immediately grabbedpetitioner's hand, the latter started firing at him; that after being hit, he fell down on the floor and soughtcover under one of the tables; that petitioner kept on firing and one of the shots hit and killed Cpl. Buenafewho had entered the restaurant and attempted to approach Benedito, telling petitioner at the same time tostop firing.

The other affidavits submitted by the prosecution were of persons who did not actually witnessthe shooting but their statements may be said to have the general tendency of corroborating the swornstatement of Benedito regarding the events posterior to the shooting.

While the charge against petitioner is undeniably a capital offense, it seems likewise obvious thatthe evidence submitted by the prosecution to the respondent judge for the purpose of showing that theevidence of petitioner's guilt is strong, is not sufficient to establish that the offense committed bypetitioner, if any, was that of murder. On the basis of the sworn statement of Benedito himself petitionercould only be held liable for homicide.

37. BASCO vs. RAPATALO 269 SCRA 220

THE FACTS: An information for murder was filed against Morente. The accused Morente filed a petitionfor bail. The hearing for said petition was set for May 31, 1995 by petitioner but was not heard since therespondent Judge was then on leave. It was reset to June 8, 1995 but on said date, respondent Judgereset it to June 22, 1995. The hearing for June 22, 1995, however, did not materialize. Instead, theaccused was arraigned and trial was set. Again, the petition for bail was not heard on said date as theprosecution's witnesses in connection with said petition were not notified. Another attempt was made toreset the hearing to July 17, 1995.

Complainant allegedly saw the accused in Rosario, La Union on July 3, 1995 and later learnedthat the accused was out on bail despite the fact that the petition had not been heard at all. Uponinvestigation, complainant discovered that bail had been granted and a release order dated June 29,1995 was issued on the basis of a marginal note dated June 22, 1995, at the bottom of the bail petition byAssistant Prosecutor Oliva which stated: "No objection: P80,000.00," signed and approved by theassistant prosecutor and eventually by respondent Judge. Note that there was already a release orderdated June 29, 1995 on the basis of the marginal note of the Assistant Prosecutor dated June 22, 1995when the hearing of the bail petition was aborted and instead arraignment took place) when anotherhearing was scheduled for July 17, 1995.

Respondent Judge alleged that he granted the petition based on the prosecutor's option not tooppose the petition as well as the latter's recommendation setting the bailbond in the amount ofP80,000.00. He averred that when the prosecution chose not to oppose the petition for bail, he had thediscretion on whether to approve it or not. He further declared that when he approved the petition, he had

a right to presume that the prosecutor knew what he was doing since he was more familiar with the case,having conducted the preliminary investigation. Furthermore, the private prosecutor was not around at thetime the public prosecutor recommended bail. Respondent Judge stated that in any case, the bailbondposted by accused was cancelled and a warrant for his arrest was issued on account of complainant'smotion for reconsideration. The Assistant Provincial Prosecutor apparently conformed to and approvedthe motion for reconsideration. Accused is confined at the La Union Provincial Jail. On August 14 1995, ina sworn letter-complaint, complainant Basco charged respondent Judge Leo M. Rapatalo with grossignorance or willful disregard of established rule of law for granting bail to an accused in a murder casewithout receiving evidence and conducting a hearing.

ISSUE: CAN A JUDGE SET BAIL EVEN W/O CONDUCTING A HEARING OR RECEIVING EVIDENCE?

HELD: Nope.

DISPOSITIVE: “WHEREFORE, in view of the foregoing, respondent Judge Leo M. Rapatalo, RTC,Branch 32, Agoo, La Union, is hereby REPRIMANDED with the WARNING that a repetition of the sameor similar acts in the future will be dealt with more severely.”

HELD: If the denial of bail is authorized in capital offenses, it is only in theory that the proof being strong,the defendant would flee, if he has the opportunity, rather than face the verdict of the court. Hence theexception to the fundamental right to be bailed should be applied in direct ratio to the extent of probabilityof evasion of the prosecution. In practice, bail has also been used to prevent the release of an accusedwho might otherwise be dangerous to society or whom the judges might not want to release.

It is in view of the abovementioned practical function of bail that it is not a matter of right in cases wherethe person is charged with a capital offense punishable by death, reclusion perpetua or life imprisonment.Article 114, section 7 of the Rules of Court, as amended, states, "No person" charged with a capitaloffense, or an offense punishable by reclusion perpetua or life imprisonment when the evidence of guilt isstrong, shall be admitted to bail regardless of the stage of the criminal action."

When the grant of bail is discretionary, the prosecution has the burden of showing that the evidence ofguilt against the accused is strong. However, the determination of whether or not the evidence of guilt isstrong, being a matter of judicial discretion, remains with the judge. This discretion by the very nature ofthings, may rightly be exercised only after the evidence is submitted to the court at the hearing. Since thediscretion is directed to the weight of the evidence and since evidence cannot properly be weighed if notduly exhibited or produced before the court, it is obvious that a proper exercise of judicial discretionrequires that the evidence of guilt be submitted to the court, the petitioner having the right of crossexamination and to introduce his own evidence in rebuttal.

To be sure, the discretion of the trial court, "is not absolute nor beyond control. It must be sound, andexercised within reasonable bounds. Judicial discretion, by its very nature involves the exercise of thejudge's individual opinion and the law has wisely provided that its exercise be guided by well-known ruleswhich, while allowing the judge rational latitude for the operation of his own individual views, prevent themfrom getting out of control.

Consequently, in the application for bail of a person charged with a capital offense punishable by death, reclusion perpetua or life imprisonment, a hearing, whether summary or otherwise in the discretion of the court, must actually be conducted to determine whether or not the evidence of guilt against the accused isstrong. On such hearing, the court does not sit to try the merits or to enter into any nice inquiry as to the weight that ought to be allowed to the evidence for or against the accused, nor will it speculate on the outcome of the trial or on what further evidence may be therein offered and admitted. The course of inquiry may be left to the discretion of the court which may confine itself to receiving such evidence as has reference to substantial matters, avoiding unnecessary thoroughness in the examination and cross examination. If a party is denied the opportunity to be heard, there would be a violation of procedural due process.

The cited cases (w/c I didn’t include kse madami) are all to the effect that when bail is discretionary, ahearing, whether summary or otherwise in the discretion of the court, should first be conducted todetermine the existence of strong evidence, or lack of it, against the accused to enable the judge to makean intelligent assessment of the evidence presented by the parties.

Since the determination of whether or not the evidence of guilt against the accused is strong is a matter of

judicial discretion, the judge is mandated to conduct a hearing even in cases where the prosecutionchooses to just file a comment or leave the application for bail to the discretion of the court. A hearing islikewise required if the prosecution refuses to adduce evidence in opposition to the application to grantand fix bail.

Corollarily, another reason why hearing of a petition for bail is required, as can be gleaned from the Tucayv. Domagas, is for the court to take into consideration the guidelines set forth in Section 6, Rule 114 of theRules of Court in fixing the amount of bail. This Court, in a number of cases held that even if theprosecution fails to adduce evidence in opposition to an application for bail of an accused, the court maystill require that it answer questions in order to ascertain not only the strength of the state' s evidence butalso the adequacy of the amount of bail.

After hearing, the court's order granting or refusing bail must contain a summary of the evidence for theprosecution. On the basis thereof, the judge should then formulate his own conclusion as to whether theevidence so presented is strong enough as to indicate the guilt of the accused. Otherwise, the ordergranting or denying the application for bail may be invalidated because the summary of evidence for theprosecution which contains the judge's evaluation of the evidence may be considered as an aspect ofprocedural due process for both the prosecution and the defense.

An evaluation of the records in the case at bar reveals that respondent Judge granted bail to the accusedwithout first conducting a hearing to prove that the guilt of the accused is strong despite his knowledgethat the offense charged is a capital offense in disregard of the procedure laid down in Section 8, Rule114 of the Rules of Court as amended by Administrative Circular No. 12-94.

Respondent judge admittedly granted the petition for bail based on the prosecution's declaration not tooppose the petition. Respondent's assertion, however, that he has a right to presume that the prosecutorknows what he is doing on account of the latter's familiarity with the case due to his having conducted thepreliminary investigation is faulty. Said reasoning is tantamount to ceding to the prosecutor the duty ofexercising judicial discretion to determine whether the guilt of the accused is strong. Judicial discretion isthe domain of the judge before whom the petition for provisional liberty will be decided. The mandatedduty to exercise discretion has never been reposed upon the prosecutor.

The absence of objection from the prosecution is never a basis for granting bail to the accused. It is thecourt's determination after a hearing that the guilt of the accused is not strong that forms the basis forgranting bail. Respondent Judge should not have relied solely on the recommendation made by theprosecutor but should have ascertained personally whether the evidence of guilt is strong. After all, thejudge is not bound by the prosecutor's recommendation. Moreover, there will be a violation of dueprocess if the respondent Judge grants the application for bail without hearing since Section 8 of Rule 114provides that whatever evidence presented for or against the accused's provisional release will bedetermined at the hearing.

The practice by trial court judges of granting bail to the accused when the prosecutor refuses or fails topresent evidence to prove that the evidence of guilt of the accused is strong can be traced to the case ofHerras Teehankee v. Director of Prisons. It is to be recalled that Herras Teehankee was decided 50 yearsago under a completely different factual milieu. Haydee Herras Teehankee was indicted under a lawdealing with treason cases and collaboration with the enemy. The said "instructions" given in the saidcase under the 1940 Rules of Court no longer apply due to the amendments introduced in the 1985 Rulesof Court.

It should be noted that there has been added in Section 8 crucial sentence “The evidence presentedduring the bail hearings shall be considered automatically reproduced at the trial, but upon motion ofeither party, the court may recall any witness for additional examination unless the witness is dead,outside of the Philippines or otherwise unable to testify.” is not found in the counterpart provision, Section7, Rule 110 of the 1940 Rules of Court. The above-underscored sentence in section 8, Rule 114 of the1985 Rules of Court, as amended, was added to address a situation where in case the prosecution doesnot choose to present evidence to oppose the application for bail, the judge may feel duty-bound to grantthe bail application. The prosecution under the revised provision is duty bound to present evidence in thebail hearing to prove whether the evidence of guilt of the accused is strong and not merely to oppose thegrant of bail to the accused. However, the nature of the hearing in an application for bail must be equatedwith its purpose i.e., to determine the bailability of the accused. If the prosecution were permitted to

conduct a hearing for bail as if it were a full-dress trial on the merits, the purpose of the proceeding, whichis to secure the provisional liberty of the accused to enable him to prepare for his defense, could bedefeated. At any rate, in case of a summary hearing, the prosecution witnesses could always be recalledat the trial on the merits.

In the light of the applicable rules on bail and the jurisprudential principles just enunciated, SC reiterated the duties of the trial judge in case an application for bail is filed:

(1) Notify the prosecutor of the hearing of the application for bail or require him to submit his recommendation (Section 18, Rule 114 of the Rules of Court as amended);

(2) Conduct a hearing of the application for bail regardless of whether or not the prosecution refuses to present evidence to show that the guilt of the accused is strong forthe purpose of enabling the court to exercise its sound discretion (Sections 7 and 8, supra);

(3) Decide whether the evidence of guilt of the accused is strong based on the summary of evidence of the prosecution (Baylon v. Sison);

(4) If the guilt of the accused is not strong, discharge the accused upon the approval of the bailbond. (Section 19, supra). Otherwise, petition should be denied.

The above-enumerated procedure should now leave no room for doubt as to the duties of the trial judgein cases of bail applications.

(41) Callanta v Villanueva (77 SCRA 377)Facts:1Respondent Judge denies the motions to quash two complaints for grave oral defamation against

petitioner.2Petitioners contest the validity of the arrest warrants issued by respondent Judge on the ground that it

should have been the City Fiscal who should have conducted the preliminary investigation.3After the warrants were issued however, petitioner posted bail thus obtaining her provisional liberty.

Issue: WON warrant of arrest may be invalidated after posting of bail

Held: NO1Zacarias v. Cruz: Posting of a bail bond constitutes waiver of any irregularity attending the arrest of a

person, estops him from discussing the validity of his arrest.2People v. Obngayan: Where the accused has filed bail and waived the preliminary investigation

proper, he has waived whatever defect, if any, in the preliminary examination conducted prior to theissuance of the warrant of arrest.

PETITION DISMISSED

(42) People v Red (55 Phil 706, 711)Facts:1 The CFI dismissed 36 informations for violation of the Election Law on the ground that the Judge

issued warrants of arrest solely on the basis of the said informations, without conducting a preliminaryinvestigation as required by Sec 13, Gen Ord No. 58.Þ “…the judge entertaining an information, particularly, one filed by the provincial fiscal must examine

under oath the prosecuting fiscal and such witnesses as he may desire to make use of, reducing

into writing the testimony of the witnesses.”Þ In this case, the fiscal merely sent the informations together with a letter requesting the deputy

clerk to forward them to the Judge.

Issue: WON CFI committed an error in dismissing the info

Held: YES1Section 13 of General Order No. 58, as amended by Act No. 3042, prescribes a summary examination

before the arrest of the person accused. This investigation is "merely to determine whether a warrantof arrest should issue on the information filed by the prosecution" (U. S. vs. Mendoza, 4 Phil.,124), and is different from the preliminary investigation made after the arrest of the accused in casesof crimes, such as those charged in these informations, falling within the original jurisdiction of a Courtof First Instance; these preliminary investigations, conducted according to Acts Nos. 194 and 1627, aremade for the purpose of inquiring, in case a plea of guilty has not been entered, whether there isreasonable ground to hold that an offense has been committed, and that the defendant hascommitted it; and, if so, providing for the detention of the accused (unless the offense be bailable, andbond be given for provisional liberty) upon orders of the proper Court of First Instance; or, if there be noreasonable ground to believe the accused guilty, then, to order that he be set at liberty. (Sec. 2, ActNo. 194.).

2Although the defendants have posted bail, it cannot be implied that they have waived any right, such asthe summary examination of the case before detention. That they didn’t waive this right is clear from thefact that they filed two motions praying for the stay of their arrests, the first being on the same day theyposted bail.

3The waiver of the preliminary investigation required after arrest is not a waiver of that conducted prior tothe issuance of the arrest warrant.

DECISION AFFIRMED

(43) Gimenez v Nazareno (160 SCRA 1)Facts:1Respondent de la Vega, along with five others, was charged with murder. He was arraigned and

pleaded not guilty. Before the scheduled date of the first hearing, he escaped from detention.2Prosecutors file a motion to proceed with the hearing in absentia, invoking Sec 19, Art IV of the 1973

Constitution. Þ SEC. 19. In all criminal prosecutions, the accused shall be presumed innocent until the contrary is

proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the natureand cause of the accusation against him, to have a speedy, impartial, and public trial, to meet thewitnesses face to face, and to have compulsory process to secure the attendance of witnesses andthe production of evidence in his behalf. However, after arraignment trial may proceednotwithstanding the absence of the accused provided that he has been duly notified and his failureto appear is unjustified.

2The lower court proceeded with the trial. The case was dismissed against the five accused, whileproceedings against de la Vega were held in abeyance.

3The lower court denied recon of the “abeyance portion” of the decision. Hence, this petition.

Issue #1: WON court loses jurisdiction over an accused who escapes from detention after arraignment

Held #1: NO1 In criminal cases, jurisdiction over the person of the accused is acquired either by his arrest for

voluntary appearance in court. Such voluntary appearance is accomplished by appearing forarraignment as what accused-private respondent did in this case.

2Where the accused appears at the arraignment and pleads not guilty to the crime charged, jurisdiction isacquired by the court over his person and this continues until the termination of the case,

notwithstanding his escape from the custody of the law.

Issue #2: WON an accused who has been tried in absentia retains his right to present evidence andcross examine witnesses

Held #2: NO1REQUISITES FOR TRIAL IN ABSENTIA:

1. that there has been an arraignment; 2. that the accused has been notified; and 3. that he fails to appear and his failure to do so is unjustified.

2The right to present evidence and cross-examine witnesses is a personal right and can be waived.Failure to appear during trial, after due notice, constitutes a waiver of these rights.Þ Sec 1(c), R 115, 1985 ROC: " . . . The absence of the accused without any justifiable cause at the

trial on a particular date of which he bad notice shall be considered a waiver of his right to bepresent during that trial. When an accused under custody had been notified of the date of the trialand escapes, he shall be deemed to have waived his right to be present on said date and on allsubsequent trial dates until custody is regained. . . ."

3Rendering judgment for a trial in absentia is not a violation of the right to be presumed innocent. Theaccused is still presumed to be innocent, and his conviction must be based on evidence showing guiltbeyond reasonable doubt.

JUDGEMENT RE: ABEYANCE REVERSED AND SET ASIDE

NAME OF ACCUSED, Sec. 12, Rule 110

51. PEOPLE vs. GUEVARRA (179 SCRA 740)Facts (as found by the prosecution):

April 8, 1980, evening; San Lorenzo, Gapan, Nueva Ecija: Armed men entered the house ofspouses Luisito and Priscilla Cruz and robbed them of P3,000 & jewelry. Subsequently, they also tookthe spouses’ car and forcibly boarded Priscilla along with them. They headed towards Manila, and alongthe way Priscilla recognized the one of the kidnappers, who then was driving the car. They told her thatthey were holding her for ransom of P50,000, but later on left her at Paxton Hotel in Valenzuela, thekidnappers having convinced themselves that the kidnapping did not materialize.

On same date, Luisito Cruz reported the incident, which led the police authorities to the detentionand investigation of accused Vergel Bustamante at the WPD in Manila. He was later identified by Priscillaas the driver of the car when they kidnapped her.Procedure:

Information

Amended Information, per trial court’s order. The amended info charged Jaime Guevarra, PoncingAbergas, Dan Tolentino, Baldo De Jesus, Roming Longhair, Boy Tae, Boy Pogi, Vergel Bustamantealias “Dan Saksak”, and Chotse Doe alias Bernabe Sulaybar, with kidnapping

Separate trial for Abergas and Bustamante only, as Tolentino could not be served with subpoenas andother accused were reported to have died already

Conviction: Kidnapping and Serious Illegal Detention; sentence: Death Penalty

Automatic review by Supreme Court. But with the adoption of the 1987 Consti., which does not allowimposition of death penalty, the sentence was reduced to reclusion perpetua. Thus Bustamanteelected to continue the case on appeal.

Bustamante’s claim on appeal: trial court erred in ordering amendment of the info. To include VergelBustamante alias “Dan Saksak” as one and the same person

HELD:

1) Questioned order of the trial court to amend the info. and include the correct name of “DanSaksak” as Vergel Bustamante is not without basis. Records of the criminal case forwarded by the MTCof NE to the RTC of NE led the judge of the latter to believe that Bustamante & Dan Saksak was one &the same person (di sinabi sa case kung bakit kasali yung MTC dito. Apparently, it conducted apreliminary examination):

a) A subpoena issued by the MTC of Gapan, Nueva Ecija in Crim Case Nos. 186-80 & 192-80was directed to one Vergel Bustamante alias “Dan Saksak.”

b) In a return of service of one subpoena, the warden of the City Jail of Manila informed theClerk of Court of the MTC of Gapan, NE that Vergel Bustmante @ Dan Saksak said to be oneof the accused is not included in the list of present Inmates of said Jail

c) The order issued by the MTC of Gapan, NE finding a prima facie case against the accusedtherein also stated that one of the accused is Vergel Bustamante alias Dan Saksak

d) The letter of transmittal of the records of the cases to the RTC of NE stated that one of theaccused therein, Vergel Bustamante @ Dan Saksak is detained at the Mla. City Jail

2) In any event, THE ISSUE CANNOT BE RAISED FOR THE FIRST TIME ON APPEAL . THE

ISSUE IS ONE AFFECTING JURISDICTION OVER THE PERSON AND SHOULD HAVE BEEN

RAISED BEFORE THE RTC IN A MOTION TO QUAH THE INFORMATION. SINCE THE

DEFENDANT-APPELLANT FAILED TO DO SO, HE IS DEEMED TO HAVE WAIVED HIS

OBJECTION TO THE INFORMATION.

53. PEOPLE v. NUNEZ (310 SCRA 168; 1999)

Facts:

Accused Demetrio Nunez had carnal knowledge of her 14 yr. old daughter Janeth Nunez in their

own house one evening.

Procedure:

Janeth voluntarily instituted a case which led to the filing of an information But said info.merely charged accused with rape under art. 335 of RPC and alleged that the accused hadcarnal knowledge of his daughter, without alleging the minority Janeth.

Accused pleaded not guilty upon arraignment.

Trial commenced and prosecution presented its witnesses Dr. Ledesma, who conducted themedico-legal examination on the victim; PO2 Raul Tonzo, who arrested the accused; and theSocial Welfare assistant who interviewed the victim-complainant

During second hearing, a re-arraignment was held upon manifestation of defense counselAtty. Te (taga-PAO sya, pero malamang hindi si Teddy Boy natin to, as you may see later)that accused was willing to make a plea of guilty. The accused pleaded guilty as charged,and the court after having ascertained its voluntariness of the plea, entered his plea. (but itwas clear from the records that in making the plea of guilt, the accused was made to believeby both Atty. Te and the trial court that a plea of guilt would mitigate his liability).

Defense waived its right to present its own evidence and merely submitted the case fordecision.

Trial court convicted accused of statutory rape under sec. 11, sub-par. 7 of RA#7659, andsentenced him to death penalty by lethal injection pursuant to RA#8176

On automatic review, accused claimed that the trial court gravely erred in accepting accused-appellant’s improvident plea of guilty to a capital offense and in failing to conduct a searchinginquiry to fully determine whether the accused fully understood the consequences of his plea.

HELD:

1. A plea of guilty may only be considered as mitigating when seasonably interjected, that is,before the prosecution presents its evidence.

2. Furthermore, the penalty of death is indivisible and is not affected by either aggravating ormitigating circumstances.

Thus, accused’s re-arraignment was indeed flawed. However,

It is settled that a decision based on an irregular plea may nevertheless be upheld where the

judgment is supported by other adequate evidence on record. In the case at bar, the evidence

supports the finding of guilt of the accused: oral testimony of complainant and medico-legal finding of

laceration on victim’s hymen and labia.

With regard to the imposable penalty, the Court held that:

THE FACT OF MINORITY AND RELATIONSHIP SHOULD BE ALLEGED IN THE INFORMATION OR

COMPLAINT BEFORE DEATH PENALTY CAN PROPERLY BE IMPOSED. IN QUALIFIED RAPE,

BOTH THE FACT OF MINORITY OF THE VICTIM AND THE ACTUAL RELATIONSHIP BETWEEN

THE PARTIES, AS WORDED IN RA#7659, MUST BE ALLEGED IN THE INFORMATION. IN THE

CASE AT BAR, ONLY THE RELATIONSHIP OF THE PARTIES WAS ALLEGED.

Thus, THE COURT URGED THE PROSECUTING FISCALS WHO ARE CHARGED WITH THE

RESPONSIBILITY OF PREPARING INFORMATIONS TO STATE WITH PARTICULARITY THE

ATTENDANT CIRCUMSTANCES PROVIDED FOR UNDER SEC. 11 OF RA#7659.

Judgment Modified. Accused sentenced to suffer the penalty of reclusion perpetua.

57) PPL V. REYES

There was a case (PPL v ESTRELLA) in the court of Judge Reyes

Prosecutor made VERBAL MOTION to amend info on said case – to change date of offense fromAUGUST ’69 to AUGUST ’64

Petition was denied by Judge Reyes – the change cannot be allowed since it would prejudice thesubstantial rights of the accused

Hence this petition via Certiorari with Prayer for Preliminary injunction

The ESTRELLA CASE:

1. For Qualified Theft of truck vs. Estrella and 3 others in Municipal court of San Jose, Nueva Ecija2. Info alleges: committed on AUGUST ’643. On November ’69, City Fiscal of San Jose (now a City) filed info (in respondent court) stating the

same facts BUT that the crime was committed AUGUST ’694. On Jan. ’70 Estrella was arraigned and pleaded NOT GUILTY5. The info was read in Tagalog so he could understand it6. Although the Prosecution was present at the arraignment, they did not move or allege any intent to

amend date or even inform court of such mistake7. May 21, 1970 – TRIAL DATE8. Before PPL presented evidence, prosecutor makes VERBAL MOTION to ammend info AUGUST ’69

to AUGUST ’649. Accused having come to court to defend offense of 1969, vehemently objected to such motion10. Judge defers judgement on motion and asks 1st witness to testify11. 1st witness, Alcantara, states that offense was committed in 196412. Defense does not question such witness since his statements were not for the offense charged13. After Parties submit memoranda on the amendment issue, Judge DENIES motion saying it would

prejudice the rights of the accused14. Judge denies Recon saying AN HONEST MISTAKE IN THE INFO CANNOT PREVAIL OVER THE

SUBSTANTIAL RIGHTS BASED ON THE CONSTITUTION15. Argument that TIME is immaterial to Theft does not hold

ISSUE: WON there was Grave Abuse of Discretion on the part of the Judge when he denied the amendment (change of date) on the ground that it would impair the accused’s substantial rights guaranteed by the constitution?

SC SAYS: NO GAD

ROC Rule 110 S. 13 (now S 14) says when Accused has already been arraigned and pleaded,amendment may be allowed only as to form and cannot be done when it shall prejudice substantialrights

OPEMIA case :

carabao lost in 1947, not on 1952 as alleged in info

5 yrs is a long stretch of time

“one cannot help but be led to believe that another theft different from that committed bydefendants in 1952 were also perpetrated in 1947”

the variance is unfair to the accused who are to defend a case different from the one charged

Case at Bar :

investigated for offense committed in 1964

charged for an offense committed in 1969 (wherein the plea is NOT GUILTY)

Now, the PPL puts accused on trial for 1964 – CANNOT BE ALLOWED

Argument that time is immaterial is wrong

Disparity of time between 1964 and 1969 is so great to defy approximation in commission of one and

the same offense

Approximation of time of commission is allowed, BUT, when it is so remote and so far removed itsurprises the accused and therefor no proper defense may be put up

58) PPL V. CA

Shooting incident in Mandaluyong (June 5, 1971) results in filing of 2 informations on frustratedhomicide vs Sixto RUIZ (Criminal Cases 4747 & 4748)

RUIZ arraigned and pleaded NOT GUILTY

Reinvestigation with DOJ reveals RUIZ was in CONSPIRACY with PADILLA and ONGCHECO

State Prosecutor then files Motion for Leave of Court to Amend info

Motion denied, Judge says – if amended (Conspiracy) it would amend the manner the crime wascommitted, a substantial amendment, therefor it cannot be allowed

State Prosecutor then files 2 NEW infos for Frustrated homicide vs PADILLA AND ONGCHECO inconspiracy with RUIZ (referred to as accused in Crim case 4747 & 4748)

The 2 new cases are crim case 9673 & 9674

PADILLA & ONGCHECO move to quash/strike out conspiracy

Judge denies motion – allegation of conspiracy does not alter the theory of the case, does notintroduce innovations, does not present alternative imputations, it is not inconsistent with originalallegations

RUIZ, PADILLA & ONGCHECO now appeal to CA

CA says – Judge acted in excess of jurisdiction in denying motions, petitions granted, allegations ofconspiracy ordered deleted

SC – reverses CA

Amendments sought were only formal

Participation of RUIZ as Principal did not change

During investigation, all 3 were respondents

Subsequent investigation yielded facts that the 3, and not only RUIZ were the offenders

Therefor a need to amend or file new info arose

Denial to amend 4747 & 4748 not a bar to filing new infos

9673 & 9674 merely describe the fact that RUIZ was already charged with the same offense

it was only a reference

RUIZ not a defendant in 9673 & 9674, not ordered arrested for such, not araigned

“inasmuch as RUIZ is not a defendant in 96743 & 9674, he cannot file a motion to quash; he has nostanding in said cases”

59) ANNOTATIONS

Read RULE 110 S14

Read RULE 119 S19

AMENDMENT BEFORE PLEA

May be done, substantial or in form, w/o leave of court, before plea

Example : change from Homicide to Murder

So that proper offense may be charged

Change ok even if it alters the nature of charge so long as it is done without prejudice to theaccused’s substantial rights

Vests Prosecuting officer with discretionary power

Trial court has power to order amendment of info – when such is done, accused must be arraignedand plead to new charge)

No jurisdiction over complaint, no power to order amendment

Only valid info can be amended

Where info read to defendant is the original and not the amended one, his conviction under theformer suffers reversible defect for lack of arraignment

AMENDMENT AFTER PLEA

Allowed if - as to all matters of form, by leave and with discretion of court, can be done w/o prejudiceto rights of accused

A plea of not guilty during P.I. does not prevent amendment of info/complaint before accused pleadsin court with jurisdiction so as to allege, as such, the presence of qualifying circumstances

No amendment after judgement has been rendered

FORMAL AMENDMENTS

Those not prejudicial to essential rights of the accused

When it does not affect essence of crime

Does not deprive defendant of opportunity to present evidence for proper defense

To correct an erroneous allegation as to name of offended party, especially when made beforepresentation of evidence by the prosecution

SUBSTANTIAL AMENDMENTS

If it changes the basic theory of the prosecution by alleging a new way the crime was committed(such would spring surprise to accused and lead to possible injustice)

Change of acts imputed

When the offense charged is not yet punishable when original info was filed (court should havedismissed original info and authorized presentation of new one)

57) PPL V. REYES

There was a case (PPL v ESTRELLA) in the court of Judge Reyes

Prosecutor made VERBAL MOTION to amend info on said case – to change date of offense fromAUGUST ’69 to AUGUST ’64

Petition was denied by Judge Reyes – the change cannot be allowed since it would prejudice thesubstantial rights of the accused

Hence this petition via Certiorari with Prayer for Preliminary injunction

The ESTRELLA CASE:

16. For Qualified Theft of truck vs. Estrella and 3 others in Municipal court of San Jose, Nueva Ecija17. Info alleges: committed on AUGUST ’6418. On November ’69, City Fiscal of San Jose (now a City) filed info (in respondent court) stating the

same facts BUT that the crime was committed AUGUST ’6919. On Jan. ’70 Estrella was arraigned and pleaded NOT GUILTY20. The info was read in Tagalog so he could understand it21. Although the Prosecution was present at the arraignment, they did not move or allege any intent to

amend date or even inform court of such mistake22. May 21, 1970 – TRIAL DATE23. Before PPL presented evidence, prosecutor makes VERBAL MOTION to ammend info AUGUST ’69

to AUGUST ’6424. Accused having come to court to defend offense of 1969, vehemently objected to such motion25. Judge defers judgement on motion and asks 1st witness to testify26. 1st witness, Alcantara, states that offense was committed in 196427. Defense does not question such witness since his statements were not for the offense charged28. After Parties submit memoranda on the amendment issue, Judge DENIES motion saying it would

prejudice the rights of the accused29. Judge denies Recon saying AN HONEST MISTAKE IN THE INFO CANNOT PREVAIL OVER THE

SUBSTANTIAL RIGHTS BASED ON THE CONSTITUTION30. Argument that TIME is immaterial to Theft does not hold

ISSUE: WON there was Grave Abuse of Discretion on the part of the Judge when he denied the amendment (change of date) on the ground that it would impair the accused’s substantial rights guaranteed by the constitution?

SC SAYS: NO GAD

ROC Rule 110 S. 13 (now S 14) says when Accused has already been arraigned and pleaded,amendment may be allowed only as to form and cannot be done when it shall prejudice substantialrights

OPEMIA case :

carabao lost in 1947, not on 1952 as alleged in info

5 yrs is a long stretch of time

“one cannot help but be led to believe that another theft different from that committed bydefendants in 1952 were also perpetrated in 1947”

the variance is unfair to the accused who are to defend a case different from the one charged

Case at Bar :

investigated for offense committed in 1964

charged for an offense committed in 1969 (wherein the plea is NOT GUILTY)

Now, the PPL puts accused on trial for 1964 – CANNOT BE ALLOWED

Argument that time is immaterial is wrong

Disparity of time between 1964 and 1969 is so great to defy approximation in commission of one andthe same offense

Approximation of time of commission is allowed, BUT, when it is so remote and so far removed itsurprises the accused and therefor no proper defense may be put up

58) PPL V. CA

Shooting incident in Mandaluyong (June 5, 1971) results in filing of 2 informations on frustratedhomicide vs Sixto RUIZ (Criminal Cases 4747 & 4748)

RUIZ arraigned and pleaded NOT GUILTY

Reinvestigation with DOJ reveals RUIZ was in CONSPIRACY with PADILLA and ONGCHECO

State Prosecutor then files Motion for Leave of Court to Amend info

Motion denied, Judge says – if amended (Conspiracy) it would amend the manner the crime wascommitted, a substantial amendment, therefor it cannot be allowed

State Prosecutor then files 2 NEW infos for Frustrated homicide vs PADILLA AND ONGCHECO inconspiracy with RUIZ (referred to as accused in Crim case 4747 & 4748)

The 2 new cases are crim case 9673 & 9674

PADILLA & ONGCHECO move to quash/strike out conspiracy

Judge denies motion – allegation of conspiracy does not alter the theory of the case, does notintroduce innovations, does not present alternative imputations, it is not inconsistent with originalallegations

RUIZ, PADILLA & ONGCHECO now appeal to CA

CA says – Judge acted in excess of jurisdiction in denying motions, petitions granted, allegations ofconspiracy ordered deleted

SC – reverses CA

Amendments sought were only formal

Participation of RUIZ as Principal did not change

During investigation, all 3 were respondents

Subsequent investigation yielded facts that the 3, and not only RUIZ were the offenders

Therefor a need to amend or file new info arose

Denial to amend 4747 & 4748 not a bar to filing new infos

9673 & 9674 merely describe the fact that RUIZ was already charged with the same offense

it was only a reference

RUIZ not a defendant in 9673 & 9674, not ordered arrested for such, not araigned

“inasmuch as RUIZ is not a defendant in 96743 & 9674, he cannot file a motion to quash; he has nostanding in said cases”

59) ANNOTATIONS

Read RULE 110 S14

Read RULE 119 S19

AMENDMENT BEFORE PLEA

May be done, substantial or in form, w/o leave of court, before plea

Example : change from Homicide to Murder

So that proper offense may be charged

Change ok even if it alters the nature of charge so long as it is done without prejudice to theaccused’s substantial rights

Vests Prosecuting officer with discretionary power

Trial court has power to order amendment of info – when such is done, accused must be arraignedand plead to new charge)

No jurisdiction over complaint, no power to order amendment

Only valid info can be amended

Where info read to defendant is the original and not the amended one, his conviction under theformer suffers reversible defect for lack of arraignment

AMENDMENT AFTER PLEA

Allowed if - as to all matters of form, by leave and with discretion of court, can be done w/o prejudiceto rights of accused

A plea of not guilty during P.I. does not prevent amendment of info/complaint before accused pleadsin court with jurisdiction so as to allege, as such, the presence of qualifying circumstances

No amendment after judgement has been rendered

FORMAL AMENDMENTS

Those not prejudicial to essential rights of the accused

When it does not affect essence of crime

Does not deprive defendant of opportunity to present evidence for proper defense

To correct an erroneous allegation as to name of offended party, especially when made beforepresentation of evidence by the prosecution

SUBSTANTIAL AMENDMENTS

If it changes the basic theory of the prosecution by alleging a new way the crime was committed(such would spring surprise to accused and lead to possible injustice)

Change of acts imputed

When the offense charged is not yet punishable when original info was filed (court should havedismissed original info and authorized presentation of new one)

62. POSADAS v OMBUDSMAN2000

IF-THEN RULES in this case:1. IF there no probable cause for the filing of an information against an accused THEN the court

may enjoin criminal prosecution to protect the citizen’s right to be free from unwarranted andvexatious prosecution

NATURE: Special Civil Action in the Supreme Court. Certiorari & Prohibition.

FACTS: 1 Roger Posadas, then UP Diliman Chancellor, asked the Director of the NBI for assistance in

determining the persons responsible for the killing of Dennis Venturina, Sigma Rho member, in arumble between Sigma Rho and another fraternity on December 8, 1994

2 Orlando Dizon, Chief of the Special Operations Group of the NBI, and his team went to UP àattempted to arrest Francis Carlo Taparan & Raymund Narag, members of the Scintilla JurisFraternity, as suspects in the killing of Venturina

o On the basis of positive identification of two alleged eyewitnesses, Leonardo Lachica &Cesar Mangrobang

o Taparan and Narag were then at the UPDP Station, for a peace talk between SJ & SigmaRho

2 Posadas, Marichu Lambino (Asst. Legal Counsel), Rosario Torres-Yu (Vice-Chancellor) & acertain Atty. Villamor (counsel of the suspects) objected to the arrest on the ground that the NBIdid not have warrants of arrest with them

à suspects not arrest as a result of the intervention but Posadas and Villamor promised totake the suspects to the NBI office the next day

3 Dizon filed a complaint in the Office of the Special Prosecutor charging Posadas, Lambino,Torres-Yu, Villamor and Col. Eduardo Bentain (Chief of Security Force of UP Police) with violationof PD 1829 – making it unlawful for anyone to obstruct the apprehension & prosecution ofcriminal offenders

4 Information filed stated that: petitioners “xxx delayed the investigation and prosecution of theheinous case by harboring an concealing xxx suspects thus leading to the successful escape ofsuspects Narag and another principal suspect Joel Carlo Denosta xxx”

5 On motion, Office of the Special Prosecutor recommended dismissal of the case àrecommendation disapproved by Office of the Ombudsman – directed the Special Prosecutor toproceed with prosecution of petitioners in the Sandiganbayan.

6 Hence, this petition to set aside the resolution of the Office of the Ombudsman ordering theprosecution of petitioners.

ISSUES:

(1) WON there was probable cause for prosecuting petitioners for violation of PD1829 – None

7 Court heldo Regardless of petitioners’ suspicion, they could not have authorized the arrest without

warrant or even effected the arrest themselves à only courts could decide the question ofprobable cause since the students were not caught in flagrante delicto

§ Special Prosecutor in recommending dismissal: UP officials then present hadevery right to prevent the commission of illegal arrests of students on campus.

(2) WON courts may enjoin criminal prosecution GENERAL RULE: Criminal prosecution cannot be enjoined. Court ordinarily does not interferewith the discretion of the Ombudsman to determine whether there exists reasonable ground tobelieve that a crime has been committed and that the accused is probably guilty thereof andtherafter, to file corresponding information with the appropriate courtsEXCEPTIONS:

8 BROCKA v ENRILE (cited in VENUS v DESIERTO) 1. To afford protection to constitutional rights of the accused2. When necessary for the orderly administration of justice and to avoid oppression or

multiplicity of suits3. When there is prejudicial question which is sub judice4. Acts of officer are without or in excess of authority5. Prosecution under an invalid law, ordinance or regulations6. Double jeopardy clearly apparent7. Court has no jurisdiction over the offense8. Case of persecution rather than prosecution9. Charges are manifestly false and motivated by lust for vengeance10. Clearly no prima facie case against the accused and a motion to quash has been denied11. SC issued a preliminary injunction to prevent the threated unlawful arrest of petitioners

àHERE, petitioners had a right to prevent the arrest9 SALONGA v CRUZ PANO applies – Infinitely more important than conventional adherence to

general rules of criminal procedure is respect for citizens’ right to be free not only from arbitraryarrest and punishment but also from unwarranted and vexatious prosecution

** Petitioners challenge to PD 1829 as unconstitutional not necessary à case disposed of on some otherground

xx Petition granted. Ombudsman & agents prohibited from prosecuting for violation of pD1829 par.1[c],while Sandiganbayan ordered to dismiss information in Criminal Case no 22801.

63. BROCKA v ENRILE1990

NATURE: Petition for Habeas Corpus

FACTS:63 jeepney strike called by the Alliance of Concerned Transport Organization (ACTO) à

demonstration held in sympathy of this strike, forcibly and violently dispersed à petitionersarrested by Northern Police District Officers – Jan 28 ‘85

64 petitioners charged with Illegal Assembly RPC146 par.3 in 3 crim cases filed before RTC QC 65 all petitioners released on bail – P3,000 each EXCEPT for Lino Brocka, Ben Cervantes, Cosme

Garcia and Rodolfo Santos (Brocka, et al.), who were charged as leaders of the offense of IllegalAssembly for whom no bail was recommended

66 urgent petition for bail filed before the RTC à daily hearings held between Feb.1-7 ’85 à On Feb.7 or 9 ’85, RTC QC Judge Miriam Defensor Santiago ordered Brocka, et al’s provisional release;recommended bail at P6,0000 each à Brocka, et al filed respective bail bonds BUT…

67 Despite service of release order, Brocka, et al remained in detention à respondents-police officersinvoked Preventive Detention Action (PDA) allegedly issued against Brocka, et al on Jan. 28 ‘85

o Neither original nor certified true copy of this PDA was shown to Brocka, et al.68 Feb 11 ’85 – Brocka, et al charged with Inciting to Sedition in 3 crim cases; hasty and spurious

filing of this second offense as follows:o 10:30 AM counsel informed by phone that Brocka, et al will be brought before the QC

Fiscal at 2:30PM for undisclosed reasons à another phone call subsequently receivedinforming counsel that appearance of Brocka, et al was to be at 2:00PM

o 2:00PM Brocka, et al arrived at office of Asst. City Fiscal à complainants’ affidavits hadnot yet been received

o 3:00PM representative of the military arrived with alleged statements of complainantsagainst Brocka, et al for alleged inciting to sedition

o 3:15PM counsel inquired from Records Custodian when the charges against Brocka, et alhad been officially received à informed that said charges were never coursed through the

Records Officeo ALSO, utterances allegedly constituting Inciting to Sedition under RPC142 are, almost

verbatim, the same utterances which are the subject of the crim cases for IllegalAssembly for which Brocka, et al are entitled to be relased on bail as a matter ofConstitutional right à appears that respondents have conspired to deprive Brocka, et al ofthe right to bail

o AND, panel of assistant fiscals demanded that Brocka, et al sign a waiver of their rightsunder RPC125 as a condition for the grant of the counsel’s request that they be given 7days within which counsel may confer with their clients à no such requirement requiredunder the rules

69 Brocka, et al released provisionally on Feb.14 ’85 on orders of then Pres.Marcos à releasenarrated in Court’s resolution in petition for habeas corpus filed by Sedfrey Ordonez in behalf ofBrocka, et al:

o In Return of the Writ of Habeas Corpus, respondents said all accused had already beenreleased à four on Feb15 ’85 and one on Feb.8 ’85

o Petitioners, nevertheless, still argue that the petition has not become moot and academicbecause the accused continue to be in the custody of the law under an invalid charge ofinciting to sedition.

70 Hence, this petition.o Brocka, et al contend:

1. bad faith and/or harassment sufficient bases for enjoining their criminalprosecution

2. second offense of Inciting to Sedition manifestly illegal – premised on one andthe same act of participating in the ACTO jeepney strike

à matter of defense in sedition charge so, only issue here is…

ISSUE: WON criminal prosecution of a case may be enjoined – YES

RATIO:GEN. RULE: Criminal prosecution may not be restrained or stayed by injunction, preliminary or finalEXCEPTIONS:

a. To afford adequate protection to the consti rights of the accusedb. When necessary for the orderly administration of justice or to avoid oppression or multiplicity of

actionsc. When there is no prejudicial question which is subjudiced. When the acts of the officer are without or in excess of authoritye. Where the prosecution is under an invalid law, ordinance or regulationf. When double jeopardy is clearly apparentg. When the court has no jurisdiction over the offenseh. Where it is a case of persecution rather than prosecutioni. Where the charges are manifestly false and motivated by lust for vengeancej. When there is clearly no prima facie case against the accused and a motion to quash on that

ground had been deniedk. Preliminary injunction has been issued by the SC to prevent the threatened unlawful arrest of

petitioners

à HERE, criminal proceedings had become a case of persecution, have been undertaken by state officialsin bad faith:

1. Respondents invoked a spurious PDA in refusing Brocka, et al’s release from detention BUT

This PDA was issued on Jan.28 ’85 and invoked only on Feb.9 ’85 upon receipt of TC’s order ofrelease à violates guideline that PDA shall be invoked within 24 hrs in MM or 48 hours outside

MM (Ilagan v Enrile)

Despite subpoenas for PDA’s production, prosecution merely presented a purported xeerox copyof it à violates Court pronouncement that “individuals against whom PDAs have been issuedshould be furnished with the original, and the duplicate original, and a certified true copy issuedby the official having official custody of the PDA, at the time of the apprehension (Ilagan v Enrile)

2. SolGen’s manifestation: Brocka, et al should have filed a motion to quash the information [instead of apetition for HC]

Court Held: such a course of action would have been a futile move, considering thecircumstances then prevailing:

1. spurious and inoperational PDA2. sham and hasty PI

à clear signals that the prosecutors intended to keep Brocka, et al in detention until the secondoffense could be facilitated and justified without need of issuing a warrant of arrest anew

IF-THEN RULE:If there is manifest bad faith that accompanies the filing of criminal charges (as in this case wherepetitioners were barred from enjoying provisional release until such time that charges were filed) andwhere a sham preliminary investigation was hastily conducted THEN charges that are filed as a resultshould lawfully be enjoined.

xx Petition granted. TC permanently enjoined from proceeding in any manner with the cases subject ofthe petition.

64. MANIAGO v CA1996

NATURE: Petition for review on certiorari of a decision of the CA

FACTS:64 Ruben Maniago – owner of shuttle buses used in transporting employees of the Texas

Instruments, (Phils.,), Inc. from Baguio City proper to plant site in Loakan, Baguio Cityo Jan. 7 ’90 one bus figured in a vehicular accident with passenger jeep owned by private

respondent Alfredo Boado along Loakan Road65 March 2 ’90 – crim case for reckless imprudence resulting in damage to property and multiple

physical injuries filed with RTC Baguio City, Br.III against Maniago’s driver Herminio Andaya66 April 19 ’90 – civil case for damages filed with RTC Baguio City, Br.IV67 Maniago moved for the suspension of the proceeding in the civil case à denied by TC; Reasons:

1. pursuant to the Civil Code, the action could proceed independently of the crim action and 2. Maniago was not the accused in the crim case

68 Maniago filed petition for Certiorari and Prohibition with CA, Maniago says civil action could notproceed independently of the crim case because no reservation of the right to bring it separatelyhad been made à CA dismissed petition; Reasons:

1. Garcia v Florido and Abellana v Marave, held: independent civil action for damagesallowed even though no reservation to file it has been made

69 While this case was pending in CA, crim action was dismissed by RTC on July 10 ’92 for failure ofthe prosecution to file a formal offer of its evidence / prosecution failed to prosecute its case à Maniago: since the civil action was impliedly instituted with the crim action, the the dismissal of

the crim case brought with it the dismissal of the civil70 Hence, this petition for review on certiorari.

ISSUE: WON espondent Boada may bring an action for damages against Maniago under 2176 and 2180of the Civil Code despite the absence of reservation in the crim case previously filed – NO

GEN RULE: A civil action for recovery of civil liability is impliedly instituted with the criminal action.EXCEPTIONS:

1. civil action, arising from the same act or omission, which is the subject of the crim action, iswaived

2. right to bring it separately is reserved3. action instituted prior to the crim action

Addt’l RULE: Even if an action has not been reserved or it was brought before the institution of the crimcase, the acquittal of the accused will not bar recovery of civil liability unless the acquittal is based on afinding that the act from which the civil liability might arise did not exist.

RATIO:A. Sec.1 Rule 111 – clearly requires that a reservation must be made to institute separately all civil

actions for recovery of civil liability, otherwise they will be deemed to have been instituted with thecrim case

a. Civil actions in this rule not limited to those which arise “from the offense charge,” asoriginally provided in Rule111 before the amendment of the Rules à reservation nowapplies to all civil actions whether arising from crime or quasi delict (2176)

B. Statements in cases implying that Rule111 Secs.1 and 3 are beyond the rulemaking power of theSC under the Constitution à only obiters and asides, not dispositive of the case

b. Garcia v Florido: right of an injured person to bring civil action even if no reservation inthe crim action was made, upheld, on ground that by bringing the civil action the injuredparties had “in effect abandoned their right to press for recovery of damages in the crimcase”

Gladi: di ko nagets ang diff ng case na to sa present case; pareho lang namang crim instituted before civil, pero in the Garcia case, civil independent of the crim, even without reservation, was upheld

c. Abellana v Marave: the filing of the civil case was equivalent to a reservation because itwas made after the decision of the City Court had been appealed à Sec. 7 Rule 123:appeal had the affect of vacating the decision in the crim case

d. Madeja v Caro: civil action could proceed while crim case was pending because widowhad reserved her right to file a separate civil action for damages

e. Jarantilla v CA: the acquittal of the accused in the crim case on the ground of reasonabledoubt is not a bar to the filing of an action for damages even though the filing of the civilaction was not reserved à based on CC Art. 29 CC

Inapplicable à Here, dismissal based on fact that prosecution failed to make aformal offer of its evidence

C. Question on whether the crim action and the civil action must be tried in a single proceeding hasalways been regarded a matter of procedure à within the rulemaking power conferred by theConstitution on the SC

à does not impair, diminish or defeat substantive rights à only regulates their exercise in thegeneral interest of orderly procedure - merely procedural in natureà requirement of reservation not incompatible with independent character of civil action -difference between allowing the trial of civil actions to proceed independently of the crimprosecution and requiring that, before they may be instituted at all, a reservation to bringthem separately must be made

it is the conduct of the trial not the institution through the filing of a complaint whichis allowed to proceed independently of the outcome of the crim case

D. prohibition against double recovery for the same act or omissionBarredo v Garcia: the injured party must choose which of the available causes of actionfor damages he will bring. If he fails to reserve the filing of a separate civil…his cause ofaction against the employer will be limited to the recovery of employer’s subsidiary

liability under RPC Art.103E. Nor does it matter that the civil action is against the employer to enforce his vicarious liability

under Art. 2180 of the Civil Code. Though not an accused in the criminal case, the employer isvery much a party

à decision convicting the employee is binding and conclusive upon the employer "not onlywith regard to its civil liability but also with regard to its amount” - true not only withrespect to the civil liability arising from crime but also with respect to the civil liabilityunder the Civil Code

xx Decision reversed. Complaint against Maniago dismissed. When criminal action may be suspended, prejudicial question

65.Balgos vs Sandiganbayan, 176 SCRA 287Facts:

Accused:Balgos: Clerk of Court, RTC Bayombong, NV/ ex-ooficio provincial sheriff

Dacayo, Sison, Cuaresma: Deputy Provincial Sheriffs

Accused enforced a writ of execution against a Mustang car registered in the name of Leticia Acosta-Ang, despite their knowledge that the registered owner is not the judgment debtor in CC 4047.

April 18, 86: they were charged with violation of Section 3 © of RA 3019.

March 18, 87: UY, prevailing party in CC 4047 filed complaint for rescission of sale of car by Juanita Ang to Leticia Ang for being allegedly in fraud of creditors.

Petitioners were subsequently granted their motion for reinvestigation.

Tanodbayan issued order to dismiss case for lack of merit and to withdraw info in crim case and filed with SB to withdraw info. Such was denied.

Petitioners filed motion to suspend proceedings in crim case on the ground of the existence of a prejudicial question. Denied.

Issue: WON SB committed grave abuse of discretion in denying motion to suspend criminal proceedings on the ground of prejudicial questionHeld: NORatio:

1. no prejudicial question existed: the pending civil case for the annulment of the sale of the car to Leticia is not determinative of the guilt or innocence of the petitioners for the acts allegedly committed by them in seizing the car

2. even if annulled, petitioners still have to establish that they acted in good faith in proceeding with the execution on the car even when they were presented evidence tending to show it did not belong to Juanito Ang anymore

RULE: Crespo vs MogulWhile the public prosecutor has the sole discretion and control in the prosecution of offenses, once the complaint or information is filed in court, the court thereby acquires jurisdiction over the case and all the subsequent actions that may be taken by the public prosecutor in relation to the disposition of the case must be subject to the approval of the court.

WHEREFORE, the petition is denied for lack of merit and the restraining order is hereby lifted.

66. Bobis vs Bobis, July 31, 2000Facts:Isaganio Bobis married Maria Javier in 1985. During the subsistence of such marriage, he married Marbella Bobis and then subsequently married Julia Hrnandez.

Marbella Bobis charged him with bigamy.

Sometime thereafter, he initiated a civil action for the declaration of absolute nullity of his first marriage onthe ground that it was celebrated without a marriage license.

He filed motion to suspend the proceedings in the crim case for bigamy invoking the pending civil case fornullity of the first marriage as a prejudicial question to the crim case.

Judge granted motion. Marbella filed motion for recon. Denied.

Issue: WON the subsequent filing of a civil action for declaration of nullity of previous marriage constitutesa prejudicial question to a crim case for bigamyHeld: NO

Ratio:1. A prejudicial question is one which arises on a case the resolution of which is a logical antecedent

of the issue involved therein.2. 2 elements:

a. the civil action involves an issue similar or intimately related to the issue raised in the criminal action

b. the resolution of such issue determines WON the criminal action may proceed

3. Landicho vs Relova: he who contracts a second marriage before the judicial declaration of nullity of the 1st marriage assumes the risk of being prosecuted for bigamy and in such case, the crim case may not be suspended on the ground of the pendency of a civil case for declaration of nullity.

4. here: resorted to civil action as a potential prejudicial question for the purpose of frustrating of delaying his crim prosecution

5. A decision in the civil case is not essential to the determination of the crim charge and thus is not a prejudicial question

PETITION GRANTED. RTC orders reversed and set aside. Ordered to immediately proceed with crim case

67. Cabaero vs Cantos, 1997Facts:Between Sept 1987 to October 1987, Cabaero induced Epifanio Ceralde to advance 1, 550,000 to bepaid to MC Castro Contruction Co as payment for 6 parcels of land in Pangasinan.

Accusedpromised to pay back Ceralde as soon as loan applied by the their biz venture, Aqualand Ventures and management, would be released by SOLIDBANK.

Perez falsely pretended that she given the authority to receive the check and induced the cashier to release the same.

Ceralde never received his money back.

Upon arraignment, petitioners entered plea of not guilty and later filed an Answer with Counterclaim alleging that the money loaned was duly applied to the purchase of lands and that the filing of said info was unjustified and malicious.

1. dismiss nfo and the civil action impliedly instated in the crim action

2. ordering ceralde to pay:a. 1.5M for moral damagesb. 500thou for exemplary damagesc. 100thou atty’s feesd. 20lit fees

During initial hearing, prosecution moved that the answer with counterclaim be expunged from records on 2 grounds:

1. TC had no jurisdiction over the answer with counterclaim for non-payment of the prescribed docket fees

2. compulsory counterclaim against complainant is barred for failure to file it before arraignment

Judge granted motion and denied petitioner’s motion for recon

Issue: WON judge committed GAD amounting to lack or excess of jurisdiction in ordering that the answer with counterclaim be expunged from the records

Held: YES

Issue1: WON payment of filing fees is required for court to acquire jurisdiction over counterclaimHeld: NORatio:

1. initiatory pleading2. permissive counterclaims, 3rd party claims and similar pleadings

Issue2: WON answer with counterclaim is properHeld: YESRatio:A counterclaim is compulsory and is considered barred if not set up where the ff circumstances are present:

1. that it arises out of, or in necessarily connected with the transaction or occurrence that is the subject matter of the opposing party’s claim

2. that it does not require for its adjudication the presence of 3rd parties of whom the court cannot acquire jurisdiction

3. that the court has jurisdiction to entertain claim

RULE FROM JAVIER CASE:A civil case for malicious prosecution should be filed a a compulsory counterclaim in the criminal

action. The filing of a separate civil action for malicious prosecution would gave resulted in the presentation of the same evidence involving similar issues in 2 proceedings: the civil action impliedly instituted with the crim action and the separate civil action for damages for malicious prosecution.

Source of problem:1. ROC does not provide the procedure for counterclaims in cases where there is the implied

institution of a civil action in a criminal case2. judgment in a crim action is not required to provide for the award of counterclaim:sec 2, rule 120: only civil liability or damages caused by the wrongful act to be recovered from the accused by the offended party, if there is any, unless the enforcement of the civil liability by a separate action has been reserved or waived.

3. allowing counterclaims will complicate disposition of case: includes appli of rules of civil actions4. counterclaim may be filed only after initial hearing becoz private complainant may still reserve his

civil action at any time before evidence is presented

VALID COUNTERCLAIM but cannot be tried together with crim case

ORDERS are modified.1. counterclaim set aside without prejudice2. RTC directed to proceed with the trial of crim action and civil action arising from crim offense that

is impliedly instituted therein

Regalado, concurring:Petitioners do not yet have a valid, complete and enforceable cause of action which could constitute the basis and justification for their counterclaim.

Malicious prosecution:1. there was false charge2. there was final judgment of acquittal or order of dismissal3. there was an order for the prosecution of the person who made charge

Vitug, separate opinion:Javier ruling should be re-examined: where the civil case was not reserved, a counterclaim for malicious prosecution, being compulsory in nature, should be filed in the same crim action.

Repdica vs CAFacts: Isabelita Reodica was driving her van along Doña Soledad Avenue, Better Living Subdivision, Pque.

Reckless: hit car of BonsolØ physical injuriesØ damage to car

Info was field: Reckless Imprudence Resulting in Damage to property with Slight Physical injury.

Pleaded not guilty.

RTC Makati: convicted her of the quasi-offense of reckless imprudence resulting in damage to property with slight physical injuries.

Petitioner appealed to CA. Subsequently filed motions for extension it file her brief. Granted then file motion to Withdraw appeal for probation purposes and to suspend, ex abundanti Cautela, period for filing Appellant’s brief.

Denied.

Issue: WON filing of complaint with fiscal’s office stops running of prescriptive periodHeld: YESRatio:

1. Article 91 does not distinguish.Art. 91. Computation of prescription of offenses. — The period of prescription shall commence to run from the day on which the crime is discovered by the offended party, the authorities, or their agents, and shall be interrupted by the filing of the complaint of information, and shall commence to run againwhen such proceedings terminate without the accused being convicted or acquitted, or are unjustifiably stopped by any reason not imputable to him. (emphasis supplied)

Reckless imprudence resulting in slight physical injuries: light felony: prescribes in 2 months

Reckless imprudence resulting in damage to property in the amount of 8, 542, less grave felony: prescribes in 5 months.

Francisco vs CAPeople vs Cuaresma:The filing of complaint even with fiscal’s office suspends the running of the statute of limitations.

Instant petition is granted. CA decision set asideCase dismissed.

77. DRILON vs CA

The Facts:

January 2, 1993- Añonuevo was allegedly shot in the back by Ramos. Añonuevo was reportedly seizedfrom Lipa City, mauled and then taken to a hospital for head injuries. He was then brought before MarciaReyes who asked him why he revealed her secrets concerning her indebtedness. Later he was taken to apoultry farm in Concepcion, Batangas where he was shot and subsequently brought to the BatangasRegional Hospital in Batangas City. The next day, Añonuevo was transferred to St. Patrick's Hospital inthe same city allegedly because he was intentionally not being treated at the previous hospital.

The victim gave three statements on different days in order to fully narrate the events relating to thecrime. 1 In a letter dated February 13, 1993, counsel for private respondent Añonuevo requested hereinpetitioner, then Justice Secretary Franklin Drilon, to order the transfer of preliminary investigations in thecase from Batangas to the Office of the State Prosecutor. The Secretary of Justice granted the requestand issued Department Order No. 72 designating petitioner-State Prosecutor Reynaldo Lugtu, as ActingProsecutor of Batangas City in the investigation of the case.

October 20, 1993- After the preliminary investigation was conducted, State Prosecutor Lugtu rendered aresolution finding that a prima facie case for kidnapping with frustrated murder exists against ManoloRamos, Agapito Reyes, Marcia M. Reyes, Egay Perez, Ariel Hubilla, Dr. Rodolfo V. Aguila, Jr. andAdoracion Moraleja and recommending that an information be filed against them.

November 11, 1993- the State Prosecutor filed an Information with the Regional Trial Court of BatangasCity, charging the aforenamed persons with Kidnapping with Frustrated Murder. Subsequently, the petitionfor review and/or reinvestigation filed by the aforenamed accused, was denied by Undersecretary RamonEsguerra on January 10, 1994. The latter, who is also a petitioner in instant case, likewise denied theirmotion for reconsideration on February 3, 1994.

February 8, 1994- SC ordered the records of the case transmitted to the Executive Judge of the RTCManila for re-raffle. After being re-raffled, the same was assigned to Branch 11 of the Regional Trial Courtof Manila.

February 19, 1994- the accused in said case filed with respondent CA a petition for certiorari andprohibition with prayer for temporary restraining order and writ of preliminary injunction, seeking to havethe resolution of State Prosecutor Lugtu set aside. A temporary restraining petitioners Drilon et. al, fromproceeding with any aspect of the case was issued by CA on March 3, 1994. Apparently unaware that there-raffle has already been conducted, the accused filed with the Executive Judge of the Regional TrialCourt of Manila a motion to hold in abeyance the issuance of the warrant of arrest and to defer the raffle.

March 11, 1994 -Branch 11 of theRTC-Manila, not knowing of accused's motion, issued the Order ofArrest against the latter.

CA formulated the issue thus: whether or not the criminal prosecution can be restrained upon the claim ofthe accused that the state prosecutor's resolution is a mistake and that factually, no prima facie case hasbeen made out for the offense charged against them. CA found that there was a prima facie case ofoffense charged against all accused with the exception of private respondent Dr. Rodolfo V. Aguila. Therewas no mention at all in the first two (2) statements Añonuevo made and the only time Añonuevomentioned Dr. Aguila was in the third statement made more than a month after the purported incident onFebruary 7, 1993 when in answer to one (1) question, he had mentioned the name of Dr. Rodolfo Aguila,Jr. and by another answer to another question, had voiced out his suspicion.

Hence, the instant petition by then Secretary of Justice Franklin Drilon, Undersecretary Ramon Esguerraand State Prosecutor Reynaldo Lugtu, where they allege that the latter committed no grave abuse ofdiscretion and that the Court of Appeals erred in permanently enjoining the Regional Trial Court of Manilafrom proceeding against private respondent Dr. Rodolfo V. Aguila

ISSUE: Did State Prosecutor Lugtu commit grave abuse of discretion in finding probable cause to hold

private respondent Dr. Rodolfo Aguila, Jr. for trial?

HELD/DISPOSITIVE: NO.

“WHEREFORE, the instant petition is hereby GRANTED. The Decision of the Court of Appeals in CA G.R. SP No. 33372, "Manalo Ramos, et. al. v. Hon. Franklin Drilon, et. al.'' is hereby MODIFIED so as to include Dr. Rodolfo V. Aguila in the Information for Kidnapping with Frustrated Murder. The temporary restraining order dated March 3, 1994 and made permanent on June 8, 1994, enjoining petitioners from proceeding against private respondent Dr. Rodolfo V. Aguila, Jr. in Criminal Case No. CR-94-133438 is hereby LIFTED.”

RATIO: The purpose of a preliminary investigation is to establish probablecause and "to secure the innocent against hasty, malicious and oppressive. . ." It is an inquiry to determine whether a crime has been committed and whether there is probablecause to believe that the accused is guilty thereof. The investigating judge or prosecuting officer actsupon probable cause and reasonable belief.

Probable cause need not be based on clear and convincing evidence of guilt, neither on evidenceestablishing guilt beyond reasonable doubt and definitely not on evidence establishing absolute certaintyof guilt. It implies probability of guilt 13 and requires more than "bare suspicion" but "less than evidencewhich would justify conviction."

Probable cause should be determined in a summary but scrupulous manner to prevent material damageto a potential accused's constitutional right to liberty and the guarantees of freedom and fair play. Thepreliminary investigation is not the occasion for the full and exhaustive display of the parties' evidence. Itis for the presentation of such evidence as may engender a well-grounded belief that an offense has beencommitted and that accused is probably guilty thereof. It is a means of discovering the persons who maybe reasonably charged with a crime. The validity and merits of a party's defense or accusation, as well asadmissibility of testimonies and evidence, are better ventilated during trial proper than at the preliminaryinvestigation level.

The Prosecutor's report made clear that, based on the victim's third Sworn Statement dated February 7,1993, respondent Dr. Aguila, Jr. was in the company of the other accused during the shooting incident;that he suspected respondent Dr. Aguila wanted him to die because the latter did not give him medicalattention while at Batangas Regional Hospital; that the respondent even warned him not to talk with thepolice regarding the shooting incident and that he saw respondent talking with the other accused in thehospital

The narration in the 2nd sworn statement shows that Dr. Aguila had some participation in the plot againstAñonuevo. Taken altogether, all these constitute probable cause against private respondent Dr. RodolfoAguila, Jr.

Moreover, the determination of the persons to be prosecuted rests primarily with the prosecutors who isvested with quasi-judicial discretion in the discharge of this function. 23 We have also ruled that the courtsshould give credence, in the absence of a clear showing of arbitrariness, to the finding and determinationof probable cause by prosecutors in a preliminary investigation. 24

To reiterate, such a finding of probable cause does not ensure a conviction, or a conclusive finding of guiltbeyond reasonable doubt. The allegations adduced by the prosecution will be put to test in a full-blowntrial where evidence shall be analyzed, weighed, given credence or disproved.

78.CASTILLO vs. VILLALUZ 171 SCRA 39

THE FACTS*:

In 1971 the preliminary investigation now in question was conducted by respondent Judge of the CircuitCriminal Court. He did so with respect to a complaint dated July 9, 1971 and the Joint Affidavit dated July21, 1971 filed directly with his Court by Montes and de Silva against Laconico. The complaint charged thelatter with estafa in the amount of P1,000.00. The investigation culminated in the issuance by respondentJudge of an order on July 28, 1971 issuing an arrest warrant against Laconico and ordering RizalProvincial Fiscal to file the corresponding information against the respondent before the court ofcompetent jurisdiction within TWENTY-FOUR (24) hours from receipt of order pursuant to Section 6, Rule135 of the Rules of Court, in relation to Section 13, Rule 112 of 1964 Rules of Court.

Notice of the Order was served on the petitioner-Provincial Fiscal of Rizal, on July 29, 1971, but he failedto file the information required within the time appointed, or at any time thereafter. Consequently, onOctober 1, 1971, he was directed by His Honor to explain within ten (10) days "why he should not bepunished for contempt of court for delaying the speedy administration of justice for disobeying a lawfulorder of the Court." The Fiscal filed a motion for reconsideration, but this was denied. Hence, this petitionfor certiorari and prohibition was presented by petitioner Fiscal, seeking annulment of the aforesaidorders.

*many years have passed during which Circuit Criminal Courts were abolished, as already the petitionerFiscal's public service was ended by compulsory retirement, and the respondent's stint as Judge, endedby his promotion to a higher court. Sa madaling sabi nung nag-decide ang SC sa kasong ito,halos 20years ang lumipas.

THE ISSUE:

WON there was grave abuse of discretion amounting to lack of jurisdiction on His Honor's part to seek toforeclose the petitioner fiscal's prerogative to conduct his own preliminary investigation to determine forhimself the existence or non-existence of probable cause, and to require him to show cause for not filingthe information within twenty-four (24) hours, on the sole basis of the Judge's conclusions.

HELD/DISPOSITIVE: NO.

“ WHEREFORE, the challenged Orders are hereby annulled and set aside. This resolution is immediatelyexecutory. No costs.”

RATIO:

It is the fiscal who is given by law "direction and control" of all criminal actions. It is he who initiates allprosecutions in the name of the People of the Philippines, by information or complaint, against all personswho appear to be responsible for the offense involved. It is he (or other public prosecutor), therefore, whois primarily responsible for ascertaining through a preliminary inquiry or proceeding "whether there isreasonable ground to believe that an offense has been committed and the accused is probably guiltythereof." That function is not judicial but executive. When a preliminary investigation is conducted by ajudge, the judge performs a non-judicial function, as an exception to his usual judicial duties. Theassignment of that function to judges of inferior courts and to a very limited extent to courts of firstinstance was dictated by "necessity and practical considerations," and the consequent policy, as SC heldin Salta, was that "wherever there were enough fiscals or prosecutors to conduct preliminaryinvestigations, courts were to leave that job which is essentially executive to them." It follows that theconclusions derived by a judge from his own investigation cannot be superior to and conclusively bindingon the fiscal or public prosecutor, in whom that function is principally and more logically lodged. Theseconsiderations argue against giving the term "refer" used in Section 13 of the former Rule 112 — whichprovided that if the judge, after conducting a preliminary investigation finds probable cause against adefendant," . . . he shall issue a warrant for his arrest, and thereafter refer the case to the fiscal for thefiling of the corresponding information" — the effect of imposing upon the fiscal the mandatory duty to filean information merely upon such reference being made; and this, even without regard to the fact that inits ordinary sense, the word "refer" conveys no such import nor connotes any compulsion. And it was nodoubt on account of these obvious considerations that, as Salta further observes, Section 37 of BatasPambansa Blg. 129 reiterated "the removal from Judges of Metropolitan Trial Courts in the NationalCapital Region of the authority to conduct preliminary investigations" and "Section 2 of Rule 112 of the1985 Rules on Criminal Procedure no longer authorizes Regional Trial Judges to conduct preliminaryinvestigations." It may not be amiss to point out, in this connection, that the 1988 Amendments to the1985 Rules on Criminal Procedure (Sec. 5, Rule 112) explicitly provide inter alia that "(s)hould theprovincial or city fiscal disagree with the findings of the investigating judge on the existence of probablecause, the fiscal's ruling shall prevail." Be it noted, however, that once the fiscal files an information withthe Court and the Court thereby acquires jurisdiction over the case, the case may not be dismissed at thefiscal's instance except only by consent of the Court, which may grant or withhold it in its discretion.

79. PEOPLE vs. NARCA 275 SCRA 696

THE FACTS:

For the death of Mauro Reglos, Jr. , defendants-appellants Rodencio, Benjamin, Rogelio all surnamedNarca and their brother-in-law Jaime were charged with the information for murder:

When appellants' failed in their motion to quash the above information, they filed a motion for bail. Duringthe bail hearings, the victim's wife Elizabeth, who was with him on that fateful night, testified on directexamination. Defense counsel requested the court that his cross-examination of Elizabeth be conductedon the next hearing. Such cross-examination on said date never took place because Elizabeth and herson were bludgeoned to death. After hearing, the lower court denied bail. During arraignment, appellantspleaded "not guilty". Trial ensued and the lower court thereafter rendered judgment convicting appellants.Hence, this appeal.

The facts given credence by the trial court are as follows:

. . . (O)n March 10, 1990, between 7:00 to 8:00 o'clock in the evening, after spousesMauro Reglos, Jr. and Elizabeth Reglos have just come from the house of the father ofMauro Reglos, Jr. at Barangay Cavite Plum, Guimba, Nueva Ecija, who was then sick,and on their way home to Sta. Ana, Guimba, Nueva Ecija, accused Benjamin Narcasuddenly hacked Mauro Reglos, Jr. at the back portion of his head with a long boloknown as "panabas". When Mauro was about to fall at his back, Jaime Baldelamar,Rogelio Narca and Rodencio "Rudy" Narca suddenly appeared, and they took turns inhacking Mauro with bolos. When Mauro was being hacked, his wife Elizabeth screamedfor help, and Arturo Reglos and Dante Reglos responded and arrived at the scene of theincident. They saw Benjamin, Rodencio "Rudy" and Rogelio, all surnamed Narca, andJaime Baldelamar, all armed with bolos, guarding their brother Mauro Reglos, Jr. whowas lying face downward, soaked with blood, but still alive. Arturo Reglos and DanteReglos and Elizabeth Reglos cannot approach Mauro Reglos, Jr. because they werethreatened by the Narca brothers and Jaime Baldelamar. Two minutes after Arturo andDante Reglos arrived, all the accused left, but accused Rogelio Narca returned andhacked Mauro Reglos once more at his back.

THE ISSUE:

WON the preliminary investigation was valid because they were not represented therein by counsel andwas therefore deprived of due process.

HELD/DISPOSITIVE: Yup.

“WHEREFORE, subject to the modification that each appellant shall suffer the penalty of reclusionperpetua and not life imprisonment, the appealed decision of the Regional Trial Court of Guimba, NuevaEcija convicting appellants Rodencio, Benjamin, Rogelio all surnamed Narca and Jaime Baldelamar ofmurder and the imposition of the monetary awards are AFFIRMED.”

RATIO:

There is nothing in the Rules which renders invalid a preliminary investigation held without defendant'scounsel. Not being a part of the due process clause but a right merely created by law, preliminaryinvestigation if held within the statutory limitations cannot be voided. Appellant's argument, if sustained,would make a mockery of criminal procedure, since all that a party has to do to thwart the validity of thepreliminary investigation is for their counsel not to attend the investigation. It must be emphasized that thepreliminary investigation is not the venue for the full exercise of the rights of the parties. This is whypreliminary investigation is not considered as a part of trial but merely preparatory thereto and that therecords therein shall not form part of the records of the case in court. Parties may submit affidavits buthave no right to examine witnesses though they can propound questions through the investigating officer.In fact, a preliminary investigation may even be conducted ex-parte in certain cases. Moreover, in Section1 of Rule 112, the purpose of a preliminary investigation is only to determine a well grounded belief if acrime was "probably" committed by an accused. In any case, the invalidity or absence of a preliminaryinvestigation does not affect the jurisdiction of the court which may have taken cognizance of theinformation nor impair the validity of the information or otherwise render it defective.

DESIGNATION OF OFFENSE, SEC. 8, RULE 110PEOPLE v. PURISIMA (86 SCRA 542; 1978)

Facts: Petitioners: City Fiscal of Manila, Provincial Fiscal of Samar, and the Solicitor GeneralPublic Respondents: CFI of Manila-branches VII & XVIII, CFI of Samar

Par. 3, PD#9 provides:

It is unlawful to carry outside of residence any bladed, pointed or blunt weapon such as “fan knife,’‘spear,’ ‘dagger,’ ‘bolo,’ ‘balisong,’ ‘barong,’ ‘kris,’ or club, except where such articles are being usedas necessary tools or implements to earn a livelihood and while being used in connection therewith;and any person found guilty thereof shall suffer the penalty of imprisonment ranging from 5 to 10years as a Military Court/Tribunal/Commission may direct

Petitioners-fiscals filed before the respective respondent courts several & separate informations forillegal possession of deadly weapon in violation of Par. 3 of PD#9. (For illustration, one of thesimilarly written infos. alleged: That…accused did then and there wilfully, unlawfully and knowinglycarry outside of his residence a bladed and pointed weapon…the same not being used as anecessary tool or implement to earn his livelihood nor being used in connection therewith.)

Respondent courts, upon motions to quash filed by the defense counsels, issued their respectiveorders quashing the informations on common ground that the said informations did not allege factsconstituting an offense penalized under PD#9 for failure to state an essential element of the crime:that the carrying outside of the accused’s residence of a bladed, pointed or blunt weapon is infurtherance or on the occasion of, connected with or related to subversion, insurrection, or rebellion,organized lawlessness or public disorder. They said that PD#9 should be read in the context ofProc.#1081 which seeks to attain the maintenance of law and order throughout the Philippines andthe prevention and suppression of all forms of lawless violence as well as any act of insurrection orrebellion. They added that the non-inclusion of the aforementioned element of the offense leads toconfusion as the same act punished as an offense under par. 3 of PD#9 is also the subject of anotherpenal statute and a Manila city ordinance:

Sec. 26, Act#1780: It should be unlawful for any person to carry concealed abouthis person any bowie knife, dirk, dagger, kris, or other deadly weapon: x x x. Anyperson violating the provisions of this section shall, upon conviction in a court ofcompetent jurisdiction, be punished by a fine not exceeding P500, or by imprisonmentfor a period not exceeding 6 months, or both…

Ordinance#3820—penalizes with a fine not more than P200 or imprisonment fornot more than one month, or both…anyone who shall carry concealed in his person inany manner that would disguise its deadly character any kind of firearm, bowie knife,or other deadly weapon…in any public place.

Thus, the 26 petitions for review assailing the respective orders of the respondent courts. Thepetitions, having similar issues, were consolidated by the Supreme Court.

The argument of the petitioners:1. A perusal of par.3 of PD#9 shows that the prohibited acts need not be related to subversive

activities; that the act proscribed is essentially a malum prohibitum penalized for reasons of publicpolicy

2. The City Fiscal of Manila adds that in statutory offenses the intention of the accused whocommits the act is immaterial; it is enough if the prohibited act is voluntarily perpetuated

ISSUE: W/N the informations filed are sufficient form and substance to constitute the offense penalized

under PD#9

HELD: NO.

It is a constitutional right of any person who stands charged in a criminal prosecution to be informedof the nature and cause of accusation against him.

Sec. 5 Rule 110 of the Rules of Court expressly requires that for a complaint or information to besufficient, it must state the designation of the offense by the statute, and the acts or omissionscomplained of as constituting the offense. This is essential to avoid surprise on the accused and toafford him the opportunity to prepare his defense accordingly. This is especially in the case at barwhere the acts being punished are covered by 2 penal statutes and a city ordinance. The rightbecomes more compelling for an accused to be confronted with the facts constituting the essentialelements of the offense charged against him, otherwise such act may be made to fall, at thediscretion of a police officer or a prosecuting fiscal, under any of the 3 punitive laws and thus exposethe accused to oppression and harassment.

The elements of the offense under par. 3, PD#9 are: 1) the carrying outside one’s residence of anybladed, blunt or pointed weapon not used as a necessary tool or implement for a livelihood; and 2)that the act of carrying the weapon was either in furtherance of, or to abet, or in connection withsubversion, rebellion, insurrection, lawless violence, criminality, chaos or public disorder. It is thesecond element which removes the act of carrying a deadly weapon, if concealed, outside of thescope of Act#1780 and Ord#3820. Thus, a simple act of carrying any of the weapons describedunder PD#9 is not a crime in itself. What makes the act criminal under the decree is the motivationbehind it. Without such motivation, the act falls under the Act or the Ordinance. Consequently, theinformations filed by petitioner are fatally defective and quashal is proper.

The filing of the petitions were unnecessary because the petitioners could have availed itself of otherremedies based on Rule 117, Sec.7. (Effect of sustaining the motion to quash); Rule 110, Sec.13(Amendment of Info or complaint):1. If the evidence so warranted, the People could have filed an amended info to include the second element of the offense as defined in the disputed orders of respondents. The SC has previously ruledthat if the facts alleged in the info do not constitute an offense, the case should not be dismissed but the prosecution should be given an opportunity to amend the info.

2. If the facts so justified, the petitioners could have filed a complaint either under Sec. 26 ofAct#1780 or Manila city ordinance#3820, especially since the dismissal of the cases were madeprior to arraignment of the accused and on a motion to quash. Under Sec. 8, Rule 117, an ordersustaining the motion to quash is not a bar to another prosecution for the same offense unlessthe motion was based on extinguishment of criminal liability or double jeopardy.

PETITIONS DENIED.

96. PEOPLE OF THE PHILIPPINES vs. RODOLFO ARIPAZAMarch 15, 2000

Nature: Automatic review of the decision of the RTC of Daet, Camarines Norte

Facts:1 In June 1995, 12-year old Rosita Encinas was sleeping with her brothers and sister when her

stepfather Rodolfo Arizapa entered their room and proceeded to rape her. Rosita reported theincident to her two aunts and the barangay captain.

2 Arizapa was charged with the crime of rape. He was arraigned and pleaded not guilty to the offense.

3 When Aripaza came to testify in his defense during the trial, he readily admitted having raped hisstepdaughter. Aripaza said that he was admitting the offense of his own volition.

4 On October 8, 1997, the trial court found the Aripaza guilty of the crime of rape as defined in Art. 335of the RPC in relation to Sec. 11 of RA 7659. He was sentenced to the supreme penalty of death.

5 In this automatic review before the Supreme Court, Aripaza contends that the trial court erred inconvicting him of rape as it failed to conduct, before accepting his plea of guilty, a searching inquiryinto the voluntariness of his plea and his full comprehension of the consequences thereof asmandated by Sec. 3, Rule 116 of the 1985 Rules on Criminal Procedure.

Section 3 – Pleas of guilty to capital offense; reception of evidence. – When the accused pleadsguilty to a capital offense, the court shall conduct a searching inquiry into the voluntariness and fullcomprehension of the consequences of his plea and require the prosecution to prove his guilt and theprecise degree of culpability. The accused may also present evidence in his behalf.

Issue: WON the conviction of Aripaza may be set aside on the ground that his plea of guilty wasimprovidently made

Held: NO, because the plea of guilt was made after the court had already extensively received evidencewhich sufficiently proved the guilt of the accused.

Ratio:1 The rationale behind Sec. 3 Rule 116 is that courts must proceed with caution where the possible

punishment is in its severest form, because the execution of such a sentence is irrevocable andexperience has shown that innocent persons have at times pleaded guilty. The purpose is to avoidimprovident pleas of guilt when grave crimes are involved since the accused might be admitting hisguilt before the court and thus forfeit his life and liberty without having fully understood the meaning,significance and consequences of his plea.

2 In the present case, the record indeed shows that the lower court failed to fully comply with therequirements of Sec. 3, Rule 116. There was no searching inquiry. The only question asked ofAripaza was this: “Are you admitting the offense charged against you of your own volition?”

3 It must be noted however that the plea of guilty in this case was made AFTER the prosecution hadalready rested its case, i.e. after all the evidence for the prosecution had been presented. Thetestimonies of the victim, the victim’s aunts and the medical examiner were heard by the court.

Since the trial court extensively received evidence in determining the guilt of Aripaza, the manner inwhich the plea of guilty was made loses its significance because Aripaza was convicted based on theevidence proving his commission of the offense charged and NOT on his admission in open court.His conviction may only be set aside when the improvident plea of guilty was the sole basis for thecondemnatory judgment.

Decision affirmed with modification. (Modification refers only to the grant of P75,000 as civil indemnity, inaddition to the award of moral and exemplary damages in the trial court)

97.PEOPLE OF THE PHILIPPINES vs. EFREN JAMBIENMay 31, 2000

Nature: Automatic review of the decision of the RTC of Cagayan de Oro City

Facts:

1 Jambien was charged with three counts of rape committed against his minor daughter Emie. 1. Crim. Case No. 98-06 – incident occurred sometime in April 1997 2. Crim. Case No. 98-07 – incident occurred sometime in December 1995 3. Crim. Case No. 98-06 – incident occurred sometime in October 1986

Emie said that her father had been raping her 3-4 times a week since she was 11 years old. Thesexual assaults only stopped when she learned that she was pregnant and was brought to the DSWDfor counseling and assistance in the delivery of the baby.

2 During the arraignment, Jambien pled guilty to Crim. Cases No. 98-06 and No. 98-07. He entered anot guilty plea in the other Crim. Case. Despite his plea of guilt in the first two cases, the trial courtrequired the prosecution to present its evidence. Thus, Emie testified before the Court. The accuseddid not present any evidence.

3 On Feb. 16, 1998, the trial court found Jambien guilty of two counts of rape (98-06 and 98-07). Twodeath penalties were imposed as his sentence. The trial of the third case was held in abeyance.

4 In this automatic review, Jambien contends that the trial court erred in accepting his plea of guiltywithout conducting a searching inquiry to determine whether he fully understood the consequences ofhis plea. He argued that the number and character of the questions propounded to him, after heentered his plea, were too sparse as to qualify as searching inquiry.

Issue: WON Jambien’s plea of guilty was improvidently made

Held: NO, because the procedure in Sec. 3, Rule 116 was followed by the trial court

Ratio:1 Sec.3, Rule 116 of the Rules of Court provides the procedure that the trial court should follow when

an accused pleads guilty to a capital offense. It is mandatory. It requires the judge to do thefollowing:1. to conduct a searching inquiry into the voluntariness and full comprehension of the consequences

of the accused’s plea; 2. to require the prosecution to prove the guilt of the accused and the precise degree of the

culpability;3. to inquire whether or not the accused wishes to present evidence on his behalf and allow him to

do so if he so desires.

2 In the case at bar, the trial court was not remiss in its duty to conduct a searching inquiry. The Courtqueried Jambien if his pleas were not influenced from outside, and he said that they were not, hehaving not been coerced to do so. He was again asked by the Court if he understood his pleas andagain, he said yes. When he was asked about the imposable penalty, he said, it is death. Whenasked further, he answered that he is ready to die even now. (NOTE: Please refer to the case in theoriginal for a detailed account of the questions asked to the accused.)

3 Jambien was neither coerced nor intimidated in entering his plea of guilty. Significantly, he even plednot guilty to the third charge on the pretext that he was not present at the scene during that time. Thisshows the voluntariness of his plea and that it was based on a free and informed judgment. Heunderstood the consequences of his plea and was aware that he will be meted the death penalty.

4 Even without considering the plea of guilty of the accused, he may still be convicted if there isadequate evidence on record on which to predicate his conviction. In the present case, there isoverwhelming evidence that established the guilt of the accused. The testimony of Emie is clear andconvincing. It contains horrid details of her deflowerment and the frequent sexual assaults by herfather. There is no reason to disbelieve her testimony.

5 People vs. Tahop: Even if the accused’s plea was improvidently made, if the evidence presentedthereafter by the prosecution is sufficient to prove his guilt beyond reasonable doubt, the court’sverdict of guilt based solely on hard evidence can be sustained. At this point then, the improvidenceof the plea of guilt is irrelevant.

Decision affirmed with modification. (The Court ordered the payment of P75,000 as civil indemnity foreach rape, in addition to the P50,000 moral damages awarded in the trial court)

NOTE:In the Aripaza case, the plea of guilty was made AFTER the prosecution had already presented

its evidence.In the Jambien case, the plea of guilty was made during the arraignment, but the prosecution

was still required to present evidence pursuant to Sec. 3, Rule 116 of the Rules of Court.In both cases, the evidence of the prosecution was sufficient to prove the guilt of the accused.

Hence, the plea of guilty loses its significance, whether it was improvidently made (Aripaza) or not(Jambien).

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