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CrimPro:
Venue to Rule 113
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CONTENTS
F. Creation of the Sandiganbayan..............................................................17
APPLICABLE LAWS............................................................................. 17
1.
2.
3.
4.
5.
6.
i.1. Republic Act No. 6770 otherwise known as the Ombudsman Act
of 1989.......................................................................................... 28
1.
Saludaga v. Sandiganbayan, G.R. No. 184537, April 23, 2010
GERALDEZ..................................................................................... 59
2.
Pacoy v. Cajigal, G.R. NO. 157472, September 28, 2007 KING
...................................................................................................... 61
CASES................................................................................................ 28
c.Amended Information/Amendment.................................................63
1.
Cabo v. Sandiganbayan, G.R. NO. 169509, June 16, 2006
LAGOS........................................................................................... 63
2.
Kummer v. People, G.R. No. 174461, September 11, 2013
LIBONGCO...................................................................................... 67
APPLICABLE LAW............................................................................... 28
2.
Serag v. Court of Appeals, 473 SCRA 590 AQUINO.................99
3.
Soriano v. People, G.R. No.162336, February 1, 2010 ARCEO
........................................................................................................ 100
4.
Samuel Lee v. KBC Bank, G.R. No. 164673, January 15, 2011
BASCARA......................................................................................... 102
5.
Okabe v. Gutierrez, May 27, 2004, G.R.No. 150185 CHAN....104
Rule 113- Arrest................................................................................... 106
1.
People v. De Leon , G.R. No. 169858, January 26, 2010 PINERA
........................................................................................................ 106
2.
People v. Laguio, March 16, 2007, G.R. No. 128587 PINERA. 109
3.
Valdez v. People, G.R.170180, November 23, 2007 DEVESA.113
4.
Rolito Go v. Court of Appeals, G.R.No.101837, February 11, 1992
- DEVESA......................................................................................... 114
PA RT I .
A.VENUE IN CRIMINAL CASES IS JURISDICTIONAL
APPLICABLE LAWS
A.1 SECTION 15, RULE 110, RULES OF CRIMINAL PROCEDURE
A.2 SECTION 21, CHAPTER V, REPUBLIC ACT 10175 OTHERWISE
KNOWN AS THE CYBERCRIME , PREVENTION ACT OF 2012
A.3 SECTION 58, REPUBLIC ACT 9372 OTHERWISE KNOWNAS THE
HUMAN SECURITY ACT OF 2007
A.4 ARTICLE 2, REVISED PENAL CODE
CASES
1. ISIP V. PEOPLE, G.R. NO.. 170298, JUNE 26, 2007 CORTEZ
Note: Mej magulo siya. sorry! pero keri na ER. pay more attention to
MANUEL ISIP's ESTAFA CASE (yung P200k ring) kasi yun yung
pinaguusapan ng kaso na 'to. The wife's case (as well as the BP 22
cases)...not so much.
Keyword: 7-carat diamond swindled
DOCTRINE:
EMERGENCY DIGEST:
FACTS: JOSE SUED MANUEL
The information alleged that MANUEL swindled from JOSE one 7-carat
diamond worth P200,000.
o MANUEL was supposed to sell the ring and deliver to JOSE the
proceeds of the sale or to return the ring if not sold.
RTC Cavite convicted MANUEL for the crime charged. It found that
the transactions involved in these cases were sufficiently
shown to have taken place at complainant JOSEs ancestral
house in Cavite City when the latter was on leave of absence from the
Bureau of Customs where he was connected.
The fact that Cavite City is a bit far from Manila does not
necessarily mean that the transaction cannot or did not
happen there. Distance will not prevent any person from going
to a distant place where he can procure goods that he can sell
so that he can earn a living.
It is not improbable or impossible for MANUEL and his wife to
have gone, not once, but twice in one day, to Cavite City if that
is the number of times they received pieces of jewelry from
complainant.
COMPLETE DIGEST:
FACTS:
ESTAFA CASE
Petitioner Manuel Isip (MANUEL) was charged with Estafa 1 before RTC
branch 17 Cavite City- docketed as Criminal Case No. 136-84 (ESTAFA
CASE).
That on or about March 7, 1984, in the City of Cavite, Republic of the Philippines and within the
jurisdiction of this Honorable Court, the above-named accused, received from Leonardo A. Jose
one (1) seven carat diamond (mens ring), valued at P200,000.00, for the purpose of selling the
same on commission basis and to deliver the proceeds of the sale thereof or return the jewelry if
not sold, on or before March 15, 1984, but the herein accused once in possession of the abovedescribed articles, with intent to defraud and with grave abuse of confidence, did, then and
there, willfully, unlawfully and feloniously misappropriate, misapply and convert the same to his
own personal use and benefit and notwithstanding repeated demands made by Leonardo A. Jose
for the return of the jewelry or the delivery of the proceeds of the sale thereof, failed to do so, to
the damage and prejudice of the aforesaid Leonardo A. Jose in the abovestated amount
of P200,000.00, Philippine Currency
2
Crim. Case No.
146-84
147-84
SPOUSES ISIP were likewise charged before the same court with 5 counts of
Estafa.
148-84
149-84
155-84
156-84
157-84Date of Commission
27 March 1984
17 March 1984
30 March 1984
12 March 1984
25 March 1984
29 March 1984
1 April 1984No. of Check
518672
518644
518645
030086[5]
518674
518646
518669Amount of Check
P 562,000.000
P50,000.00
P50,000.00
P150,000.00
P95,000.00
P90,000.00
P25,000.00
3
[NOTE: I only got the pertinent part, in relation to the ESTAFA CASE] In the afternoon
of the same day (March 7, 1984), Mr. Manuel Isip went to complainants residence
in Cavite City and got from the latter a mens ring (7 carats) worth P200,000.00. Mr.
Isip signed a receipt with the condition that he return the ring or deliver the proceeds,
if sold, on or before March 15, 1984. March 15, 1984 came, but Mr. Isip sought an
extension which fell due on April 7, 1984. April 7, 1984 came and went by, but Mr. Isip
defaulted (pp. 41-46, tsn, ibid). The above is the subject matter of Criminal Case No.
136-84 for Estafa against Manuel Isip.
4
[NOTE: I only got the pertinent part]Beginning early 1983, at complainants residence at
Plaza Tower Condominium in Manila, appellant Marietta, accompanied by her husband who
participated only as a witness, started having transactions with complainant who, on different
dates in February, March and April, 1984, extended various amounts to her for which appellant
Marietta pledged jewelry which, in turn, were agreed between her and complainant to be sold on
commission and to turn over the proceeds thereof or return the jewelry to complainant (Tr., Idem,
16-18). In the course of the transactions, appellant Marietta had issued several checks to
complainant as guarantee for the payment of the subject jewelry which have either been paid or
redeemed, had returned the unsold jewelry to complainant and had conveyed, by way of
payment for other jewelry, some personal properties, like brass and antics, and real properties in
Balanga, Bataan and Mabalacat, Pampanga, to complainant who caused the same to be
registered in the names of his son, Christian Jose, and his wife, Zenaida Jose (Exhibits 1, 2, 2-A,
ISSUE: WON RTC Cavite has jurisdiction over MANUELs ESTAFA CASE (YES,
it has jurisdiction)
HELD: Court of Appeals decision is AFFIRMED.
RATIO:
The concept of venue of actions in criminal cases, unlike in civil
cases, is jurisdictional. The place where the crime was committed
determines not only the venue of the action but is an essential
element of jurisdiction.
Since it has been shown that venue was properly laid, it is now
MANUELs task to prove otherwise, for it is his claim that the
transaction involved was entered into in Manila. The age-old but
familiar rule that he who alleges must prove his allegations applies.
Here, MANUEL failed to establish by sufficient and competent evidence that
the transaction happened in Manila.
3, 4, 5, 6, 6-A, 7, 7-A), with the result that all the obligations of appellants to complainant have
already been paid for or offset
He argues that since he and his late wife actually resided in Manila,
convenience alone unerringly suggests that the transaction was
entered into in Manila. We are not persuaded.
The fact that Cavite City is a bit far from Manila does not
necessarily mean that the transaction cannot or did not happen
there. Distance will not prevent any person from going to a distant
place where he can procure goods that he can sell so that he can
earn a living. This is true in the case at bar.
It is not improbable or impossible for MANUEL and his wife to have
gone, not once, but twice in one day, to Cavite City if that is the
number of times they received pieces of jewelry from complainant.
Moreover, the fact that the checks issued by MANUELs late wife in
all the transactions with complainant were drawn against accounts
with banks in Manila or Makati likewise cannot lead to the
conclusion that the transactions were not entered into
in Cavite City.
Belisata felt that the amount was insufficient and filed a PETITION FOR
VALUATION AND PAYMENT OF JUST COMPENSATION against LANDBANK
before the DARAB. They assessed the value at 2M.
ISSUES: WON the dismissal was proper? What is the jurisdiction of the RTC
sitting as a Special Agrarian Court (SAC)? IMPROPER DISMISSAL. SAC
has jurisdiction.
COMPLETE
FACTS:
Spouses Pablo Ralla and Carmen Munoz Ralla had donated their eight
(8) parcels of lot located in Ligao, Albay to their daughter, Rene Ralla
Belista. The eight (8) parcels of lot were placed by the DAR under
Agrarian Reform, and BELISATA claimed payment of just compensation
for the conversion. It further appears that the DAR's evaluation of the
subject farms was only P227,582.58, while petitioner Land Bank of the
Philippines (LBP, for brevity) assessed the same at P317,259.31.
the sum minus the sum already remitted. In response to the respective
MRs filed by the Parties. The decision was MODIFIED : fixing the sum
for just compensation at P2,540,211.58 Pesos.
Aggrieved LANDBANK , filed an original Petition for Determination
of Just Compensation at the same sala of the RTC, docketed as
Agrarian Case No. 03-06 on NOV 11 2002. The court DISMISSED THE
CASE "for failure to exhaust administrative remedies and/or comply
with Sections 5, 6, and 7, Rule XIX, 2003 DARAB Rules of Procedure.
LANDBANK ARGUES in an MR "that the DARAB 2003 Rules of
Procedure does not apply to SAC nor its precursor DARAB Case
and that the ground for dismissal of the case is not among the
instances when a court may dismiss a case on its motion."
CA DISMISSED THE PETITION FOR REVIEW, saying that filing the case
before the RTC without first seeking the intervention of the DARAB is
violative of the doctrine of exhaustion of administrative remedies. An
appeal from the adjudicators resolution should first be filed with the
DARAB.
Office was already provided in the 2003 DARAB Rules before resorting
to judicial action, the RTC correctly dismissed the petition,
Sections 50 and 57 of RA No. 6657 provide:
o Section 50. Quasi-judicial Powers of the DAR. The DAR is
hereby vested with primary jurisdiction to determine and
adjudicate agrarian reform matters and shall have exclusive
original
jurisdiction
over
all
matters
involving
the
implementation of agrarian reform, except those falling under
the exclusive jurisdiction of the Department of Agriculture (DA)
and the Department of Environment and Natural Resources
(DENR) x x x
Section 57. Special Jurisdiction. The Special Agrarian Court
shall have original and exclusive jurisdiction over all petitions
for the determination of just compensation to landowners, and
the prosecution of all criminal offenses under this Act. x x x
o The Special Agrarian Courts shall decide all appropriate cases
under their special jurisdiction within thirty (30) days from
submission of the case for decision.
o Clearly, under Section 50, DAR has primary jurisdiction to
determine and adjudicate agrarian reform matters and
exclusive original jurisdiction over all matters involving the
implementation of agrarian reform, except those falling under
the exclusive jurisdiction of the DA and the DENR. Further
exception to the DAR's original and exclusive
jurisdiction are all petitions for the determination of
just compensation to landowners and the prosecution of
all criminal offenses under RA No. 6657, which are
within the jurisdiction of the RTC sitting as a Special
Agrarian Court. Thus, jurisdiction on just compensation
cases for the taking of lands under RA No. 6657 is
vested in the courts.
In Republic v. CA,5 the Court explained:
o
BELISATA contends that the petition for valuation and payment of just
compensation was filed with the DARAB- Regional Adjudicator for
Region V (RARAD) on November 11, 2002, long before the effectivity of
the 2003 Rules of Procedure; it is the date of filing of the petition with
the DARAB or any of its adjudicators which is the reckoning date of the
applicability of the 2003 DARAB Rules and not the date of filing with
the SAC; that under the 1994 DARAB Rules prevailing at the time of the
filing of the respondent's claim for just compensation, the Rules
provided that the decision of the adjudicator on land valuation and
preliminary determination of just compensation shall not be appealable
to the Board, but shall be brought directly to the RTC; that it was in the
observance of the 1994 DARAB Rules that petitioner brought the
adjudicator's decision to the RTC sitting as SAC.
LANDBANK claims that petition with the RTC is an original action and,
since the case was filed at a time when appeal to the DARAB Central
ISSUES: WON the allegation that that the article was published and first
accessed in Makati was sufficient to confer jurisdiction in RTC Makati? NO
The Yunchengcos own Pacific Plans, a preneed company that was not
able to fulfill its obligations and sought a suspension of payments.
Because of this, petitioners herein, who are officers and trustees of
PEPCI (Parents Enabling Parents Coalition), and who availed of the
preneed plans, put up the website pepcoalition.com, wherein various
posts were written against the Yuchengcos and their
companies.
However, in the original Information that was filed, there was NO:
o
CONDITION SINE QUA NON: If the second mode is chosen, the place
where the written defamation was printed and first published
should likewise be alleged.
In the present case, the Amended Information opted to lay the venue
by availing of the second mode.
THE OLD LAW ON LIBEL: Before the amendment of Art. 360 (libel), the
rule was that a criminal action for libel may be instituted in any
jurisdiction where the libelous article was published or circulated,
irrespective of where it was written or printed. Experience had
shown that under that old rule the offended party could harass
the accused in a libel case by laying the venue of the criminal
action in a remote or distant place. HENCE, the law on libel was
amended.
[NG: The case didnt say where you should file a case for internetbased libel].
Emergency Recit:
2.
a.
b.
4.
5.
6.
7.
i.
ii.
The prosecutor filed an MR, alleging that Helen and Malayan were
residents of Makati, and that even if they werent, the defects could be
cured by a formal amendment.
a. RTC granted the MR and ordered the amendment of the
Information.
8.
NOTE: The new information alleged, inter alia, that the accused
published an article imputing a vice or defect to the complainant and
caused to be composed, posted and published in the said website
www.pepcoalition.com, a website accessible in Makati City, an injurious
and defamatory article, which was first published and accessed by the
private complainant in Makati City.
9.
The RTC accepted this to be sufficient in form. RTC denied the MR.
1.
2.
RATIO:
In the present case, the substantive issue calls for the Courts exercise
of its discretionary authority, by way of exception, in order to
abbreviate the review process as petitioners raise a pure question of
law involving jurisdiction in criminal complaints for libel under Article
360 of the RPCwhether the Amended Information is sufficient to
sustain a charge for written defamation in light of the
Venue is jurisdictional in criminal actions such that the place where the
crime was committed determines not only the venue of the action but
constitutes an essential element of jurisdiction. This principle acquires
even greater import in libel cases, given that Article 360, as
amended, specifically provides for the possible venues for the
institution of the criminal and civil aspects of such cases.
Before article 360 was amended, the rule was that a criminal
action for libel may be instituted in any jurisdiction where the
libelous article was published or circulated, irrespective of
where it was written or printed. Experience had shown that
under that old rule the offended party could harass the
accused in a libel case by laying the venue of the
criminal action in a remote or distant place.
For the Court to hold that the Amended Information sufficiently vested
jurisdiction in the courts of Makati simply because the defamatory
article was accessed therein would open the floodgates to the libel suit
being filed in all other locations where the pepcoalition website is
likewise accessed or capable of being accessed.
It becomes clear that the venue of libel cases where the complainant
is a private individual is limited to only either of two places, namely:
10
11
Section 1 of Supreme Court Circular No. 39-97 states that HoldDeparture Orders shall be issued only in criminal cases within the
12
COMPLETE
(Note: The case is long because it discussed other topics. The ER is enough
for the assigned topic.)
Facts:
Judge Mupas asked for comment on the petition for bail but
Judge Espaol issued two orders: 1) transferring Malihan to the
Provincial Jail; and 2) directed the Commissioner on
Immigration and Deportation to hold and prevent the
departure from the Philippines of Malihan while the cases are
pending.
13
the Regional Trial Court the same should be read that the subject
criminal case has been filed and pending with the RTC. In the criminal
cases subject of the present administrative case, there is even no final
determination yet of a prima facie case that would warrant the filing of
an information in court. The determination made by an MTC would still
be reviewed by the Office of the Provincial Prosecutor. The OCA
concludes that Judge Espaol went against the injunction in Circular
No. 39-97 that judges of the RTCs should be cautious and avoid the
indiscriminate issuance of hold-departure orders as this results in
inconvenience to the parties affected and is tantamount to an
infringement on the right and liberty of an individual to travel.
OCA recommends to the Court that: (a) Judge Espaol be admonished
for issuing an order transferring the accused from the municipal jail to
the provincial jail; (b) Judge Espaol be reprimanded for issuing a hold
departure order considering that it is not within her authority to issue
hold departure orders in cases pending preliminary investigation in the
MTC; Judge Espaol compulsorily retired from service on January 9,
2004.
ISSUES:
(1) WON Judge Espaols order for the issuance of a hold departure order
constitutes gross ignorance of the law? YES.
(2) Whether Judge Espaol can issue hold departure orders? NO.
HELD: Judge Dolores L. Espaol is found guilty of Gross Ignorance of the
Law and is FINED Five Thousand Pesos (P5,000.00) to be deducted from
whatever retirement benefits due her.
Ratio:
Issuance of Hold Departure Orders (RELEVANT)
With regard to the hold-departure order, Circular No. 39-97 limits the
authority to issue hold-departure orders to criminal cases within the
jurisdiction of second level courts. Criminal cases within the exclusive
jurisdiction of first level courts do not fall within the ambit of the
circular. It is logical to state that the criminal cases must be pending in
the sala of the RTC concerned.
14
The Court agrees with the findings of the OCA, except as to the
recommended penalty. Judge Espaol urges that her conduct was
nothing more than the zealous fulfillment of her duties as Executive
Judge of the RTC, Dasmarias, Cavite.
However, it is elementary that an Executive Judge only has
administrative supervision over lower courts. Her function relates only
to the management of first and second level courts, within her
administrative area with a view to attaining prompt and convenient
dispatch of its business. Acting as such, she cannot unilaterally
override the MTCs actions in cases pending with it under the guise of
administrative supervision, without running afoul of the orderly
administration of justice. Only when her courts jurisdiction is
appropriately invoked in an appeal or certiorari and other special civil
actions can Judge Espaol judge, in her judicial capacity, override the
lower courts judgment.
Although the Guidelines on the Selection and Designation of Executive
Judges and Defining their Powers, Prerogatives and Duties 5, the same
is a mere reiteration of what has been in effect before said Circular.
Administrative Order No. 66, which took effect on July 1, 1975, narrates
the specific power, prerogative and duties of an executive judge. The
SECTION 1. Executive Judges; general powers, prerogatives and duties. Executive Judges
shall, within their respective area of administrative supervision:
(a)
Provide leadership in, and coordinate with the management of the first and second level
courts;
(b)
Exercise supervision over the judges and personnel;
(c)
Balance the workload among the courts and maintain equitable distribution of cases in
accordance with relevant existing issuances;
(d)
Recommend and implement policies concerning court operations;
(e)
Identify, address and resolve problems in court administration which do not require any
intervention by the Supreme Court or the Court Administrator.
(f)
Direct, through the Clerk of Court, the undertaking of staff support activities to improve
judiciary services in accordance with relevant existing issuances;
(g)
Initiate, propose, and supervise the implementation of professional development programs
for judicial personnel that the Philippine Judicial Academy, in coordination with the Office of the
Court Administrator, may undertake;
(h)
Exercise such other powers and prerogatives as may be necessary or incidental to the
performance of their functions in relation to court administration; and
(i)
Perform such other functions and duties as may be assigned by the Supreme Court or the
Court Administrator.
6
IV.
Specific Powers, Prerogatives and Duties
The specific powers, prerogatives and duties of the Executive Judge are as follows:
1.
To investigate administrative complaints against Municipal and City Judges, and other
court personnel within his administrative area; and to submit his findings and recommendations
to the Supreme Court.
10.
To visit and inspect municipal and provincial jails and their prisoners as required by
Section 1730 of the Revised Administrative Code and by applicable rules and regulations.
12.
To designate, with immediate notice to the Supreme Court, the municipal judge to try
cases in other municipalities within his area of administrative supervision, in case of absence or
incapacity of the municipal judge concerned, which designation shall be effective immediately,
unless revoked by the Supreme Court.
13.
To assign, with the prior approval of the Chief Justice, Municipal and City Judges to hear
and determine cadastral cases as provided by law.
...
executive judge has not been given any authority to interfere with the
transfer of detainees in cases handled by other judges, be it of the first
or second level; nor to grant hold-departure orders in cases not
assigned to her sala. The powers of an executive judge relate only to
those necessary or incidental to the performance of his/her functions in
relation to court administration.
Time and again the Court has adverted to the solemn obligation of
judges to be very zealous in the discharge of their bounden
duties. Nonetheless, the earnest efforts of judges to promote a speedy
administration of justice must at all times be exercised with due
recognition of the boundaries and limits of their jurisdiction or
authority. Judge Espaol's ardent determination to expedite the case
and render prompt justice may be a noble objective but she did so in a
manner which took away from the complainant MTC judge the initiative
which by constitutional and legal mandates properly belongs to her.
The Court agrees with the observations of the OCA that Judge Espaol
should have conferred with complainant regarding the criminal cases
and relayed her concerns to the latter, rather than precipitately issuing
the assailed orders.
The Court further notes that, contrary to Judge Espaols allegation,
complainant did not choose to simply ignore the pending motion to
transfer but, in fact, promptly directed the Chief of Police to comment
thereon.
The Court recognizes that not every judicial error bespeaks ignorance
of the law and that, if committed in good faith, does not warrant
administrative sanction, but only in cases within the parameters of
tolerable misjudgment. Where, however, the procedure is so simple
and the facts so evident as to be beyond permissible margins of error,
to still err thereon amounts to ignorance of the law.[24]
15
Parties with pending cases therein should apply for permission to leave
the country from the very same courts which, in the first instance, are
in the best position to pass upon such applications and to impose the
appropriate conditions therefor since they are conversant with the
facts of the cases and the ramifications or implications thereof. Where,
as in the present case, a hold departure order has been issued
ex parte or motu proprio by said court, the party concerned
must first exhaust the appropriate remedies therein, through a
motion for reconsideration or other proper submissions, or by
the filing of the requisite application for travel abroad.
o Only where all the conditions and requirements for the
issuance of the extraordinary writs of certiorari, prohibition or
mandamus indubitably obtain against a disposition of the lower
courts may our power of supervision over said tribunals be
invoked through the appropriate petition assailng on
jurisdictional or clearly valid grounds their actuations therein.
ER:
An information against Miriam was filed with the SB for violation of the
Anti-Graft Law.
o She filed a motion wherein she posted a 15K bond and she
stated that she was putting herself under the custody
of the SB.
Miriam does not deny the public statement she made that she had
every intention of leaving the country. We uphold the course of action
adopted by the Sandiganbayan in taking judicial notice of such fact of
petitioner's plan to go abroad and in thereafter issuing sua sponte the
hold departure order, in justified consonance with our preceding
disquisition.
16
17
DOCTRINE:
In the case at bar, the case went from CFICACFI CA and the
petitioner never raised the question of jurisdiction over his
person. He is deemed, therefore, to have waived that objection
and, hence, to have submitted himself to the Courts jurisdiction. What
is more, his behaviour and every single one of the steps taken by him
before said courts particularly merely a submission to the
jurisdiction thereof, but, also, that he urged the courts to exercise the
authority thereof over his person.
EMERGENCY DIGEST:
Ester ULSANO filed with the justice of peace (JOP) a criminal complaint
charging VALDEPENAS with forcible abduction with rape of Ester
Ulsano.
o JOP found probable cause and forwarded the complaint to the
CFI.
ISSUE: WON CFI lacked jurisdiction over the person of the accused and the
subject matter of the action for the offense of abduction with consent? CFI
HAD JURISDICTION!
JURISDICTION OVER THE PERSON
In the case at bar, the case went from CFI->CA->CFI-> CA and the
petitioner never raised the question of jurisdiction over his person. He
is deemed, therefore, to have waived that objection and,
hence, to have submitted himself to the Courts jurisdiction.
What is more, his behaviour and every single one of the steps taken by
him before said courts particularly merely a submission to the
jurisdiction thereof, but, also, that he urged the courts to exercise the
authority thereof over his person.
Jurisdiction over the subject matter of an action in this case the crime
of abduction with consent is and may be conferred only by law. Under
an information for forcible abduction, the accused may be
convicted of abduction with consent.
18
aside its aforementioned decision and remanded the case to the court
a quo for the reception of additional evidence on said issue.
Case went back to the CFI, which rendered another decision,
reiterating said finding of the Court of Appeals, as well as its judgment
of conviction for abduction with consent and the penalty imposed
therein. Petitioner appealed again to the Court of Appeals which
affirmed that of the court of first instance with costs against the
petitioner.
Again petitioner filed an MR based, for the first time, upon the
ground that the lower court had no jurisdiction over the person
of appellant and over the subject matter of the action, with
respect to the offense of abduction with consent. Upon denial of
the motion, petitioner interposed the present appeal by certiorari.
ISSUE: WON CA erred in not reversing the decision of the trial court for
lack of jurisdiction over the person of the accused and the subject matter
of the action for the offense of abduction with consent
HELD: Wherefore, the decision appealed from is hereby affirmed, with
costs against the petitioner Maximino Valdepenas. It is so ordered.
RATIO:
JURISDICTION OVER THE PERSON
Jurisdiction over the person of an accused is acquired upon either his
apprehension, with or without warrant, or his submission to the
jurisdiction of the court. In the case at bar, the petitioner was brought
before the bar of justice, first, before the justice of the peace court,
then before the Court of First Instance, later before the Court of
Appeals; thereafter back before said Court of First Instance, and then,
again, before the Court of Appeals, and never, within the period of six
years that had transpired until the Court of Appeals rendered its
decision, had he questioned the judicial authority of any of these three
courts over his person. He is deemed, therefore, to have waived
whatever objection he might have had to the jurisdiction over his
person, and, hence, to have submitted himself to the Courts
jurisdiction. What is more, his behaviour and every single one of the
steps taken by him before said courts particularly merely a
submission to the jurisdiction thereof, but, also, that he urged the
courts to exercise the authority thereof over his person.
JURISDICTION OVER THE SUBJECT MATTER
It is well-settled that jurisdiction over the subject matter of an action
in this case the crime of abduction with consent is and may be
conferred only by law; that the jurisdiction over a given crime, not
vested by law upon a particular court, may not be conferred thereto by
the parties involved in the offense; and that, under an information for
E.JURISDICTION DETERMINED
COMPLAINT
BY
THE
ALLEGATIONS
OF
THE
o
o
19
ISSUE: WON such allegations in the complaint are sufficient to vest the
RTC Iloilo with jurisdiction?
HELD/RATIO: NO. RTC Iloilo has no jurisdiction.
The fact that PORTIGO was a physician in Iloilo does not also
necessarily mean that he is living in Iloilo. It is possible that he
works there and has his residence elsewhere.
COMPLETE
FACTS:
20
issue via a petition for review on certiorari. They also raise for the
first time the issue that the information charging them with
libel did not contain allegations sufficient to vest jurisdiction in
the RTC of Iloilo City.
The SC decided the case based on the jurisdictional issue raised in the
reply.
ISSUE: WON the complaint sufficiently alleged facts to give RTC Iloilo
jurisdiction NO.
HELD: CA decision set aside on the ground of lack of jurisdiction of RTC
Iloilo. Case dismissed without prejudice.
RATIO:
SC has consistently held that lack of jurisdiction over the offense charged
may be raised or considered motu proprio by the court at any stage of the
proceedings or on appeal. Moreover, jurisdiction over the subject matter in
a criminal case cannot be conferred upon the court by the accused, by
express waiver or otherwise, since such jurisdiction is conferred by the
sovereign authority which organized the court, and is given only by law in
the manner and form prescribed by law.
In Macasaet vs. People, the Court held that:
In this regard, Art. 360 of the RPC provides the following rules on
jurisdiction over defamation cases, as summarized in Agbayani vs. Sayo:
1.
2.
In this case, the information should therefore show that Iloilo City was
where the libelous article was first printed and published, or was where
PORTIGO resided at the time.
However, it failed to do so.
The information provided:
That on or about the 5th day of July, 1994 in the City of Iloilo,
Philippines and within the jurisdiction of this court, both the accused as
columnist and Editor-Publisher, respectively, of Panay News, a daily
publication with a considerable circulation in the City of Iloilo
and throughout the region, did then and there willfully, unlawfully
and feloniously with malicious intent of impeaching the virtue, honesty,
integrity and reputation of Dr. Edgar Portigo, a physician and
medical practitioner in Iloilo City, and with the malicious intent of
injuring and exposing said Dr. Edgar Portigo to public hatred, contempt
and ridicule, write and publish in the regular issue of said daily
publication on July 5, 1994, a certain article entitled "MEET DR.
PORTIGO, COMPANY PHYSICIAN,"
The allegations in the Information that "Panay News, a daily
publication with a considerable circulation in the City of Iloilo
and throughout the region" only showed that Iloilo was the
place where Panay News was in considerable circulation but
did not establish that the said publication was printed and first
published in Iloilo City.
Just because the publication is of general circulation
somewhere does not mean that it was first printed or
published there.
The Information filed against petitioners failed to allege the
residence of Dr. Portigo. While the Information alleges that "Dr.
Edgar Portigo is a physician and medical practitioner in Iloilo City,"
such allegation did not clearly and positively indicate that he was
actually residing in Iloilo City at the time of the commission of the
offense. It is possible that Dr. Portigo was actually residing in another
place.
One who transacts business in a place and spends considerable time
thereat does not render such person a resident therein. Where one
21
Those that are classified as Grade 26 and below may still fall
within the jurisdiction of the Sandiganbayan provided that
they hold the positions thus enumerated by the same law.
The City Auditor sent a demand letter asking Amante to settle her
unliquidated cash advance.
o (The COA submitted an investigation report to the OMBVisayas recommending that Amante be further investigated.)
o The OMB-Visayas recommended that an Information for
Malversation of Public Funds be filed against her.
Those that are classified as Grade 26 and below may still fall
within the jurisdiction of the Sandiganbayan provided that
they hold the positions thus enumerated by the same law.
RA 8249 provides that the Sandiganbayan has jurisdiction over the following people:
o
(1) Officials of the executive branch occupying the positions of regional director and
higher, otherwise classified as grade 27 and higher, of the Compensation and Position
Classification Act of 1989 (Republic Act No. 6758), specifically including:
(c) Officials of the diplomatic service occupying the position of consul and higher;
(d) Philippine army and air force colonels, naval captains, and all officers of higher
rank;
(f) City and provincial prosecutors and their assistants, and officials and
prosecutors in the Office of the Ombudsman and Special Prosecutor;
22
Doctrine:
23
RATIO:
The applicable law in this case is Section 4 of P.D. No. 1606, as amended
by Section 2 of R.A. No. 7975 which took effect on May 16, 1995, which
was again amended on February 5, 1997 by R.A. No. 8249. The alleged
commission of the offense, as shown in the Information was on or about
December 19, 1995 and the filing of the Information was on May 21,
2004. The jurisdiction of a court to try a criminal case is to be
determined at the time of the institution of the action, not at the
time of the commission of the offense. The exception contained in R.A.
7975, as well as R.A. 8249, where it expressly provides that to determine
the jurisdiction of the Sandiganbayan in cases involving violations of R.A.
No. 3019, as amended, R.A. No. 1379, and Chapter II, Section 2, Title VII of
the Revised Penal Code is not applicable in the present case as the offense
involved herein is a violation of The Auditing Code of the Philippines. The
last clause of the opening sentence of paragraph (a) of the said two
provisions states:
Sec. 4. Jurisdiction. -- The Sandiganbayan shall exercise
exclusive original jurisdiction in all cases involving:
A. Violations of Republic Act No. 3019, as amended, other
known as the Anti-Graft and Corrupt Practices Act, Republic Act No. 1379,
and Chapter II, Section 2, Title VII, Book II of the Revised Penal Code, where
one or more of the accused are officials occupying the following positions
in the government, whether in a permanent, acting or interim capacity, at
the time of the commission of the offense:
The present case falls under Section 4(b) where other offenses
and felonies committed by public officials or employees in relation to their
office are involved. Under the said provision, no exception is contained.
Thus, the general rule that jurisdiction of a court to try a criminal case is to
be determined at the time of the institution of the action, not at the time of
the commission of the offense applies in this present case. Since the
present case was instituted on May 21, 2004, the provisions of R.A. No.
8249 shall govern. Verily, the pertinent provisions of P.D. No. 1606 as
amended by R.A. No. 8249 are the following:
Sec. 4. Jurisdiction. -- The Sandiganbayan shall exercise original
jurisdiction in all cases involving:
A. Violations of Republic Act No. 3019, as amended, otherwise
known as the Anti-Graft and Corrupt Practices Act, Republic Act No. 1379,
and Chapter II, Section 2, Title VII of the Revised Penal Code, where one or
more of the principal accused are officials occupying the following positions
in the government, whether in a permanent, acting or interim capacity, at
the time of the commission of the offense:
(1) Officials of the executive branch occupying the positions of
regional director and higher, otherwise classified as grade 27 and higher,
of the Compensation and Position Classification Act of 1989 (Republic Act
24
25
While the first part of Sec. 4(A) covers only officials with S.G. 27 and
higher, its second part specifically includes other executive
officials whose positions may not be of S.G. 27 and higher but
who are by express provision of law placed under the
jurisdiction of the said court.
26
The Information reads: That on October, 24, 2000, or sometime prior or subsequent thereto, in
Quezon City, Metro Manila, Philippines, and within the jurisdiction of this Honorable Court, abovenamed accused, HANNAH EUNICE D. SERANA, a high-ranking public officer, being then the
Student Regent of the University of the Philippines, Diliman, Quezon City, while in the
performance of her official functions, committing the offense in relation to her office and taking
advantage of her position, with intent to gain, conspiring with her brother, JADE IAN D. SERANA,
a private individual, did then and there wilfully, unlawfully and feloniously defraud the
government by falsely and fraudulently representing to former President Joseph Ejercito Estrada
that the renovation of the Vinzons Hall of the University of the Philippines will be renovated and
renamed as "President Joseph Ejercito Estrada Student Hall," and for which purpose accused
HANNAH EUNICE D. SERANA requested the amount of FIFTEEN MILLION PESOS (P15,000,000.00),
Philippine Currency, from the Office of the President, and the latter relying and believing on said
false pretenses and misrepresentation gave and delivered to said accused Land Bank Check No.
91353 dated October 24, 2000 in the amount of FIFTEEN MILLION PESOS (P15,000,000.00),
which check was subsequently encashed by accused Jade Ian D. Serana on October 25, 2000
and misappropriated for their personal use and benefit, and despite repeated demands made
upon the accused for them to return aforesaid amount, the said accused failed and refused to do
so to the damage and prejudice of the government in the aforesaid amount. CONTRARY TO LAW.
(Underscoring supplied)
9
Sec. 4. Jurisdiction The Sandiganbayan shall exercise exclusive original jurisdiction in all cases
involving:
(A) x x x
(1) Officials of the executive branch occupying the positions of regional director and
higher, otherwise classified as Grade "27" and higher, of the Compensation and
Position Classification Act of 1989 (Republic Act No. 6758), specifically including:
xxxx
(g) Presidents, directors or trustees, or managers of government-owned or controlled
corporations, state universities or educational institutions or foundations. (Italics
supplied)
27
Her claim has no basis in law. It is P.D. No. 1606, as amended, rather
than R.A. No. 3019, as amended, that determines the jurisdiction of the
Sandiganbayan.
Upon the other hand, R.A. No. 3019 is a penal statute approved on
August 17, 1960. The said law represses certain acts of public officers
and private persons alike which constitute graft or corrupt practices or
which may lead thereto. It does not contain an enumeration of the
cases over which the Sandiganbayan has jurisdiction.
Sandiganbayan has jurisdiction over the offense of estafa.
SERANAs contention: Relying on Section 4 of P.D. No. 1606, estafa is not
among those crimes cognizable by the Sandiganbayan.
The 1987 Constitution does not define who are public officers. Rather,
the varied definitions and concepts are found in different statutes and
jurisprudence.
In Aparri v. Court of Appeals, the Court held that: A public office is the
right, authority, and duty created and conferred by law, by which for a
This is likewise bereft of merit. It is not only the salary grade that
determines the jurisdiction of the Sandiganbayan. The
Sandiganbayan also has jurisdiction over other officers
enumerated in P.D. No. 1606.
28
power or authority to act without the approval of the BOR. She adds there
was no Board Resolution issued by the BOR authorizing her to contract with
then President Estrada; and that her acts were not ratified by the
governing body of the state university. Resultantly, her act was done in a
private capacity and not in relation to public office.
The information alleges that the funds came from the Office of the
President and not its then occupant, President Joseph Ejercito Estrada.
Again, the Court sustains the Sandiganbayan observation that the
source of the P15M is a matter of defense that should be ventilated
during the trial on the merits of the instant case.
ISSUE: WON the SB was correct in assuming jurisdiction over the case
against the municipal mayor and the barangay captain? YES!
Under the 1991 Local Government Code, Mayor Esquivel has a salary
grade of 27, and it had been previously held by this Court that
municipal mayors fall under the original and exclusive jurisdiction of
the Sandiganbayan.
In this case, one of the accused falls under SBs jurisdiction. Hence, SB
has jurisdiction over Brgy Captain too.
COMPLETE
Facts:
PO2 Herminigildo C. Eduardo (EDUARDO) and SPO1 Modesto P.
Catacutan (CATACUTAN) filed their respective complaint-affidavits
before the PNP Criminal Investigation and Detection Group (PNPCIDG).
29
Settled is the rule that the Supreme Court will not ordinarily interfere
with the Ombudsmans exercise of his investigatory and prosecutory
powers without good and compelling reasons to indicate otherwise.
Sandiganbayans Jurisdiction
Petitioners allege that the positions of municipal mayors
and barangay captains are not mentioned therein, they claim they are
not covered by said law under the principle of expressio unius est
exclusio alterius.
We already held that municipal mayors fall under the original and
exclusive jurisdiction of the Sandiganbayan.
Nor can Barangay Captain Mark Anthony Esquivel claim that since he is
not a municipal mayor, he is outside the Sandiganbayans jurisdiction.
R.A. 7975, as amended by R.A. No. 8249,provides that it is only in
cases where none of the accused are occupying positions
30
It was only after Tatads resignation was accepted by Marcos when the
Tanodbayan
referred
the
complaint
to
the
Criminal
Investigation Service (CIS) for fact finding investigation.
ISSUE: WON Tatad was deprived of his constitutional right to due process
and the right to "speedy disposition" of the cases against him as
guaranteed by the Constitution? YES, his right was violated
31
A review of the facts at hand cannot but leave the impression that
political motivations played a vital role in activating and propelling the
prosecutorial process in this case. First, the complaint came to life
only after Tatad had a falling out with President Marcos.
Second, departing from established procedures prescribed by law for
preliminary investigation, which require the submission of affidavits
and counter-affidavits by the complainant and the respondent and their
witnesses, the Tanodbayan referred the complaint to the Presidential
Security Command for finding investigation and report.
Prosecutors should not allow, and should avoid, giving the impression
that their noble office is being used or prostituted, wittingly or
unwittingly, for political ends or other purposes alien to, or subversive
of, the basic and fundamental objective of serving the interest of
justice evenhandedly, without fear or favor to any and all litigants
alike, whether rich or poor, weak or strong, powerless or mighty. Only
by strict adherence to the established procedure may the public's
perception of the impartiality of the prosecutor be enhanced.
LONG DELAY
32
(both in the 1973 and the 1987 Constitutions), the inordinate delay is
violative of the petitioner's constitutional rights. A delay of close to
three (3) years cannot be deemed reasonable or justifiable in the light
of the circumstance obtaining in the case at bar. It has been suggested
that the long delay in terminating the preliminary investigation should
not be deemed fatal, for even the complete absence of a preliminary
investigation does not warrant dismissal of the information. True but
the absence of a preliminary investigation can be corrected by giving
the accused such investigation. But an undue delay in the conduct of a
preliminary investigation cannot be corrected, for until now, man has
not yet invented a device for setting back time.
Then he filed a MOTION TO QUASH with the SB for, inter alia, the
case having prescribed due to unreasonable delay in the resolution of
the preliminary investigation SB DENIED.
COMPLETE
Facts:
On March 6, 1986, one Pedro Almendras filed with the Office of the
Tanodbayan (predecessor of the Ombudsman) a sworn complaint
against Alejandro Tapang for falsification of complainant's "salaysay"
alleging that Alejandro Tapang made complainant sign a piece of paper
in blank on which paper a "salaysay" was later inscribed stating that
complainant had been paid his claim in the amount of P17,594.00,
which was not true.
o In the said complaint, Pedro Almendras mentioned that he
sought the help of petitioner Elpidio C. Cervantes who
worked as analyst in the office of labor arbiter Teodorico
L. Ruiz
More than six (6) years after the filing of the initiatory complaint with
the Tanodbayan, Special Prosecution Officer filed with the
Sandiganbayan, assigned to the First Division, an Information charging
petitioner Elpidio C. Cervantes, together with Teodorico L. Ruiz and
Alejandro Tapang with violation of Section 3 (e), Republic Act 3019.
o Cervantes filed a motion for reconsideration with the Office of
the Special Prosecutor reiterating that he never met
complainant Almendras [OMB denied]
o Cervantes filed with the Sandiganbayan, Manila, a "motion to
defer arraignment due to pendency of reinvestigation or
motion to quash and motion to recall warrant of arrest" on
the ground that
33
ISSUE:
1.
Whether the acts charged in the information filed against petitioner for
violation of Section 3 (e), R. A. 3019 do not constitute an offense [NOT
RULED UPON]
2. Whether the Sandiganbayan acted with grave abuse of
discretion in denying his motion to quash for violation of the
right to speedy disposition of the case. [YES INORDINATE
DELAY IS MENTIONED IN THE RATIO]
HELD: WHEREFORE, the Court hereby GRANTS the petition and ANNULS
the minute resolution of the Sandiganbayan, dated December 24, 1992, in
Criminal Case No. 17673. The Court directs the Sandiganbayan to dismiss
the case, with costs de oficio.
The temporary restraining order heretofore issued is made permanent.
Ratio:
Issue 1
We deem it unnecessary to resolve the first issue in view of the foregoing
ruling.
Issue 2
KNOWN
AS
THE
CASES
1. DEPARTMENT OF JUSTICE V. LIWAG, FEBRUARY 11, 2005, G.R. NO.
149311 PUNO
DOJ v LIWAG, LACSON & AQUINO
DOCTRINE: Section 15(1) of Republic Act No. 6770 gives the Ombudsman
primary jurisdiction over cases cognizable by the Sandiganbayan and
authorizes him to take over, at any stage, from any investigatory agency,
the investigation of such cases.
The power of the Ombudsman to
investigate cases cognizable by the Sandiganbayan is not co-equal with
other investigative bodies, such as the DOJ.
ER: OMB NBI
Mary Ong filed with the OMB a complaint affidavit against Lacson et al
for kidnapping and murder. The OMB ordered Lacson et al to file
their counter-affidavits.
34
35
2.
3.
Section 15, Republic Act No. 6640, known as the Ombudsman Act of 1989,
provides:
Sec. 15. Powers, Functions and Duties. The Office of the
Ombudsman shall have the following powers, functions and
duties:
(1)
Investigate and prosecute on its own or on complaint
by any person, any act or omission of any public officer or
employee, office or agency, when such act or omission
appears to be illegal, unjust, improper or inefficient. It has
primary jurisdiction over cases cognizable by the
Sandiganbayan and, in the exercise of this primary
jurisdiction, it may take over, at any stage, from any
investigatory agency of Government, the investigation of
such cases; .
Section 13, Article XI of the Constitution specifically vests in the
Office of the Ombudsman the plenary power to investigate any
malfeasance, misfeasance or non-feasance of public officers or
employees.
To discharge its duty effectively, the Constitution endowed the
Office of the Ombudsman with special features which puts it a
notch above other grievance-handling, investigate bodies.
1.
36
37
In the past, the complaint was never filed ahead with the Office of
the Ombudsman for preliminary investigation. Hence, there was no
simultaneous exercise of power between two coordinate bodies and no risk
of conflicting findings or orders
PLUS: Allowing the DOJ to assume jurisdiction over the case would not
promote an orderly administration of justice. It would go against the
multiplicity of proceedings, cause undue difficulties to the respondents who
would have to appear and defend his position before every agency or body
where the same complaint was filed, and leave hapless litigants at a loss
as to where to appear and plead their cause or defense. Should the two
bodies exercising jurisdiction at the same time come up with conflicting
resolutions, this would be greatly problematic. Also, the second
investigation would entail an unnecessary expenditure of public funds, and
the use of valuable and limited resources of Government, in a duplication
of proceedings already started with the Ombudsman.
NOTE: SC said none of the cases previously decided by this Court involved
a factual situation similar to that of the present case.
10
This is a petition for certiorari under Rule 65, praying that the
Ombudsman's disapproval of the Office of the Special Prosecutor's
(OSP) Resolution recommending dismissal of the criminal cases filed
against Lazatin.
ISSUES:
1. Whether the Ombudsman had authority to overturn the Office of the
Special Prosecutor's (OSP) Resolution - YES
2. Whether RA 6770 (Ombudsman's Act) is unconstitutional - NO
3. Whether the Ombudsman acted with GADLEJ NO
RATIO:
The Court held in Office of the Ombudsman v. Valera, basing its ratio
decidendi on its ruling in Acop and Camanag, that the OSP is "merely
a component of the Office of the Ombudsman and may only act
under the supervision and control, and upon authority of the
Ombudsman" and ruled that under R.A. No. 6770, the power to
preventively suspend is lodged only with the Ombudsman and Deputy
Ombudsman.
It is, therefore, beyond cavil that under the Constitution, Congress was
not proscribed from legislating the grant of additional powers to the
Ombudsman or placing the OSP under the Office of the Ombudsman.
COMPLETE DIGEST:
Facts:
The Fact-Finding and Intelligence Bureau of the Office of the Ombudsman
filed a Complaint-Affidavit charging Lazatin et al. with Illegal Use of Public
Funds as defined and penalized under Article 220 of the Revised Penal
Code and violation of Section 3, paragraphs (a) and (e) of Republic Act
(R.A.) No. 3019, as amended.
The complaint alleged that there were irregularities in the use by
38
Congressman Carmello F. Lazatin of his CDF for 1996, i.e., he was both
proponent and implementer of the projects funded from his CDF; he signed
vouchers and supporting papers pertinent to the disbursement as
Disbursing Officer; and he received, as claimant, 18 checks amounting to
P4,868,277.08. Lazatin, with the help of petitioners Marino A. Morales,
Angelito A. Pelayo and Teodoro L. David, was allegedly able to convert his
CDF into cash.
A preliminary investigation was conducted and the Evaluation and
Preliminary Investigation Bureau (EPIB) issued a Resolution recommending
the filing against herein petitioners of 14 counts each of Malversation of
Public Funds and violation of Section 3 (e) of R.A. No. 3019. The
Ombudsman approved the resolution and 28 Informations were filed
against Lazatin et al. before the Sandiganbayan.
Lazatin and his co-petitioners filed their respective Motions for
Reconsideration/Reinvestigation,
which
were
granted
by
the
Sandiganbayan (3rd Division). The Sandiganbayan also ordered the
prosecution to re-evaluate the cases against petitioners.
The OSP submitted to the Ombudsman its Resolution and recommended
the dismissal of the cases for lack or insufficiency of evidence. The
Ombudsman, however, ordered the Office of the Legal Affairs (OLA) to
review the OSP Resolution. The OLA recommended that the OSP Resolution
be disapproved and the OSP be directed to proceed with the trial of the
cases. The Ombudsman adopted the OLA Memorandum, and disapproved
the OSP Resolution and ordered the aggressive prosecution of the subject
cases. The cases were then returned to the Sandiganbayan for the
continuation of criminal proceedings.
Issue:
Whether the Ombudsman had authority to overturn the Office of the
Special Prosecutor's (OSP) Resolution - YES
Whether RA 6770 (Ombudsman's Act) is unconstitutional - NO
Whether the Ombudsman acted with GADLEJ - NO
Held:
In view of the foregoing, the petition is dismissed for lack of merit.
Ratio:
The Court held in Office of the Ombudsman v. Valera, basing its ratio
decidendi on its ruling in Acop and Camanag, that the OSP is "merely a
component of the Office of the Ombudsman and may only act under the
supervision and control, and upon authority of the Ombudsman" and ruled
that under R.A. No. 6770, the power to preventively suspend is lodged only
with the Ombudsman and Deputy Ombudsman. The Court's ruling in Acop
that the authority of the Ombudsman to prosecute based on R.A. No. 6770
was authorized by the Constitution was also made the foundation for the
39
Emergency Digest:
Facts: Judge Angeles filed a criminal complaint against Velasco before the
Ombudsman. Ombudsman dismissed the complaint without preliminary
investigation. Judge Angeles filed a petition for certiorari before the SC
alleging grave abuse of discretion on the part of the Ombudsman.
Ratio:
As a general rule, the Court does not interfere with the Ombudsmans
exercise of its investigative and prosecutorial powers without good and
compelling reasons. Such reasons are clearly absent in the instant
Petition.
Ratio: As a general rule, the Court does not interfere with the
Ombudsmans exercise of its investigative and prosecutorial powers
without good and compelling reasons. Such reasons are clearly absent in
the instant Petition.
40
Rosa learned that a certain Emy Sia (Sia) was living at their conjugal
home.
Before us is a petition for certiorari seeking to annul and set aside the
Resolution of the Ombudsman which directed the filing of an
Information for Concubinage under Article 334 of the Revised Penal
Code against petitioner Alfredo Romulo A. Busuego (Alfredo).
She and Alfredo were married with two (2) sons, . Sometime in 1983,
their marriage turned sour. At this time, Rosa unearthed photographs
of, and love letters addressed to Alfredo from, other women. Rosa
confronted Alfredo who claimed ignorance of the existence of these
letters and innocence of any wrongdoing.
Purportedly, Alfredo very rarely stayed at home to spend time with his
family. He would come home late at night on weekdays and head early
to work the next day; his weekends were spent with his friends, instead
of with his family. Rosa considered herself lucky if their family was able
to spend a solid hour with Alfredo.
Before leaving, Rosa took up the matter again with Alfredo, who
remained opposed to her working abroad. Furious with Rosas pressing,
Alfredo took his loaded gun and pointed it at Rosas right temple,
41
threatening and taunting Rosa to attempt to leave him and their family.
Alfredo was only staved off because Rosas mother arrived at the
couples house. Alfredo left the house in a rage: Rosa and her mother
heard gun shots fired outside.
Because of that incident, Rosa acted up to her plan and left for the US.
While in the US, Rosa became homesick and was subsequently joined
by her children who were brought to the US by Alfredo. Rosa singularly
reared them: Alfred, from grade school to university, while Robert,
upon finishing high school, went back to Davao City to study medicine
and lived with Alfredo.
During that time his entire family was in the US, Alfredo never sent
financial support. In fact, it was Rosa who would remit money to
Alfredo from time to time, believing that Alfredo had stopped
womanizing. Rosa continued to spend her annual vacation in Davao
City.
Sometime in 1997, Rosa learned that a certain Emy Sia (Sia) was living
at their conjugal home. When Rosa asked Alfredo, the latter explained
that Sia was a nurse working at the Regional Hospital in Tagum who
was in a sorry plight as she was allegedly being raped by Rosas
brother-in-law. To get her out of the situation, Alfredo allowed Sia to live
in their house and sleep in the maids quarters. At that time, Rosa gave
Alfredo the benefit of the doubt.
As a result, Rosa and their other son Alfred forthwith flew to Davao City
without informing Alfredo of their impending return. Upon Rosas
return, she gathered and consolidated information on her husbands
sexual affairs.
42
43
However, Pres. Marcos issued Proclamation 2273 which stated that lots
Y-1 and Y-2 are open to disposition under CA 141 (Public Land Act).
o After this, 16 people (private respondents), applied for
Miscellaneous Sales Patents over Lot X.
44
The city mayor and the DENR executive Director for General Santos
approved the applications, and TCTs were issued to the private
respondents.
Antonino, the former Congresswoman of the 1st district of South
Cotabato filed a complaint-affidavit with the Ombudsman for
VIOLATION OF RA 3019 + MALVERSATION OF PUBLIC FUNDS
thru falsification of public documents.
OMBUDSMAN DECISION: CHARGES DISMISSEDMayor Nunez,
et al. regularly performed their duties [January 20, 1999].
The MR [filed: Feb 4, 2000] of Antonino was also denied, because the
OMB already lost its jurisdiction.
Hence, Antonino files a R65 petition.
18,695 square meters, Lot X containing 15,020 square meters and Lot
Y-2 with 18,963 square meters, or a total of 52,678 square meters
which is still equivalent to the original area.
o However, on February 25, 1983, former President Ferdinand E.
Marcos issued Proclamation No. 2273 amending Proclamation
No. 168, which excluded Lots Y-1 and Y-2 from the recreational
and health purposes.
On July 23, 1997, the 16 private respondents applied for Miscellaneous
Sales Patent over portions of Lot X.
o On August 2, 1997, respondent City Mayor Rosalita T. Nuez,
assisted by respondent City Legal Officer Pedro Nalangan III
issued 1st Indorsements (refer to application documents,
Record, pp. 421-500) addressed to CENRO, DENR for portions
of Lot X applied by private respondents and stated therein that
this office interposes no objection to whatever legal
proceedings your office may pursue on application covering
portions thereof after the Regional Trial Court, General Santos
City, Branch 22 excluded Lot X, MR-1160-D from the coverage
of the Compromise Judgment dated May 6, 1992 per said
courts order dated July 22, 1997.
o The parcels of land were sold.
Antonino (former 1st district congresswoman) filed a complaint-affidavit
with the OMB.
o Against the respondents together with Cesar Jonillo (Jonillo),
Renato Rivera (Rivera), Mad Guaybar, Oliver Guaybar, Jonathan
Guaybar, Alex Guaybar, Jack Guiwan, Carlito Flaviano III,
Nicolas Ynot, Jolito Poralan, Miguela Cabi-ao, Jose Rommel
Saludar, Joel Teves, Rico Altizo, Johnny Medillo, Martin Saycon,
Arsenio de los Reyes, and Jose Bomez (Mad Guaybar and his
companions), Gen. Jose Ramiscal, Jr. (Gen. Ramiscal), Wilfredo
Pabalan (Pabalan), and Atty. Nilo Flaviano (Atty. Flaviano)
(indicted) for violation of Paragraphs (e), (g) and (j), Section 3
of Republic Act (R.A.) No. 3019, as amended, and for
malversation of public funds or property through falsification of
public documents.
OMB RESOLUTION on JANUARY 20, 1999: CHARGES DISMISSED
o The Ombudsman also ruled that the Order of Judge Adre was
made in accordance with the facts of the case, while Diaz,
Borinaga, Momongan and Cruzabra were found to have
regularly performed their official functions. Accordingly, the
charges against the respondents were dismissed
On FEBRUARY 4, 2000, Antonino filed an MR. It was DENIED.
o The Ombudsman held that since the criminal Informations were
already filed against the aforementioned indicted and the
cases were already pending before the Sandiganbayan and the
regular courts of General Santos City, the Ombudsman had lost
jurisdiction over the said case.
Antonino files the 65 petition.
45
ISSUE: WON the OMB committed GADLEJ in denying the MR. (NO)
HELD: All told, the Ombudsman did not act with grave abuse of discretion
in dismissing the criminal complaint against respondents. WHEREFORE, the
petition is DISMISSED. No costs.
RATIO:
-
THE
OMBUDSMAN
46
Thus, ENEMECIO filed a pet rev with CA. CA dismissed for lack of
jurisdiction (The CA said that the power to review decisions of the
OMBUDSMAN in criminal cases is retained by the SC).
ISSUE: WON a petition for certiorari under Rule 65 filed before the Court of
Appeals is the proper remedy to question the dismissal of
a criminal complaint filed with the Ombudsman? NO.
FACTS:
Bernante was able to receive his salary during that time since then
CEBU STATE COLLEGE Superintendent approved Bernantes
application for leave.
47
ENEMECIO filed a MR, he argued that the CA should not have relied on
the case of FABIAN (pet review not rule 65).
The Court of Appeals denied Enemecios MR.
Petition for review in the CA. CA dismissed the petition
The Court of Appeals clarified that Fabian does not apply to
Enemecios petition assailing the dismissal of the criminal complaint
against Bernante.
o The appellate court stated that what Fabian declared void
was Section 27 of RA 6770, which authorized appeals to the
Supreme Court from decisions of the Ombudsman in
administrative disciplinary cases.
o Under the Fabian ruling, the appellant should take such
appeal in administrative disciplinary cases to the Court of
Appeals under Rule 43.
o The Court of Appeals added that it follows that the power
to review decisions of the Ombudsman in criminal
cases is retained by the Supreme Court under Section 14
of RA 6770. Thus, the appellate court dismissed the petition
for lack of jurisdiction.
ISSUES: WON a petition for certiorari under Rule 65 filed before the CA is
the proper remedy to question the dismissal of a criminal complaint filed
with the Ombudsman?
HELD: NO. Enemecio filed before the Court of Appeals a petition
for certiorari under Rule 65 questioning the Ombudsmans Resolution
dated 13 January 2000 and Order dated 28 February 2000 dismissing
the criminal case against Bernante. Thus, the Prefatory statement of
Enemecios Petition in the Court of Appeals states:
This is a Petition for Certiorari under Rule 65 of the Rules of Court seeking
to nullify the Resolution dated 13 January 2000 and the Order dated 28
February 2000 both issued by the Public Respondent in the Ombudsman
Case docketed as and entitled, Agustina Enemecio vs. Servando
Bernante, Asst. Professor IV, CSCST- College of Fisheries Technology,
Carmen, Cebu, for being a manifest and grave abuse of discretion
amounting to excess of jurisdiction. The Resolution dated 13 January 2000
dismissed the criminal complaint for malversation and falsification of
public documents filed against herein Private Respondent while the Order
dated 28 February 2000 denied herein Petitioners Motion for
Reconsideration. Certified machine copies of the aforesaid Resolution and
Order
are
hereto
appended
as
Annexes
A
and
B
respectively. (Emphasis supplied)
The CA dismissed Enemecios petition and denied her MR. Enemecio
now comes to this Court via this petition for review, claiming that what
was involved in the petition before the CA was the administrative,
not the criminal case. Enemecio thus stresses that there is no reason
for the Court of Appeals to say that the petition concerned the criminal
case.
48
49
ISSUE: Whether the proper appeal was a Petition for Certiorari under Rule
65 filed before the SC? YES!
This was because Acting Secretary Gutierrez had verbally allowed the
departure of Raman because of the strong representations of Ramans
counsel.
Criminal Complaint of Baviera filed before the Ombudsman
Because of this, on October 3, 2003, Baviera filed a ComplaintAffidavit with the Ombudsman, charging Undersecretary
Gutierrez for violation of Section 3(a), (e), and (j) of Republic
Act (RA) No. 3019, as amended.
Baviera alleged that the acts of Gutierrez were illegal, highly irregular
and questionable: she interceded on behalf of the Indian national, gave
the verbal instructions on September 29 (6:15am) when the office was
still closed, there was no written application for the temporary stay of
the HDO, among others. All in all, the acts of Gutierrez show arrogance
of power and insolence of office, thereby extending unwarranted
preference, benefits and advantage to Raman.
50
hold that the present petition should have been filed with this
Court.
Kuizon and Mendoza-Arce v. Ombudmsan reiterated the rule that the
remedy of aggrieved parties from resolutions of the Office of
the Ombudsman finding probable cause in criminal cases or
non-administrative cases, when tainted with grave abuse of
discretion, is to file an original action for certiorari with the SC.
Perez v. Ombudsman stated the rule that in cases when the
aggrieved party is questioning the Office of the Ombudsmans
finding of lack of probable cause, the proper remedy is a
petition for certiorari under Rule 65 filed with the SC.
51
The Judge dismissed one of the charges, which is the violation of R.A
10, for lack of probable cause.
Sesbrenos Urgent Manifestation of the RA 1012 charge and prayer for
arrest warrants to issue were also dismissed/denied.
Judge Aglubub ordered that the records of the case be sent to the
Provincial Prosecutors Office (PPO) for review (instead of the
Ombudsman).
Sesbreno argues that since the charge of violation of RA 10 is
cognizable by the Sandiganbayan, the Office of the Ombudsman has
the primary jurisdiction to review the resolution of dismissal.
ISSUE: WON the judge was correct in sending the records for review to the
PPO instead of the Ombudsman?
1. WON the judge was correct in elevating the records to the PPO
instead of Ombudsman for review. yes
2. WON the judge erred in refusing to issue the warrant of arrest. nope,
discretionary on the part of the judge
52
RATIO:
1. This brings us to the issue of whether respondent should have
transmitted her Order dated February 12, 2004 dismissing the charge of
violation of R.A. 10 to the Office of the Ombudsman instead of the PPO.
Complainant asserts that since the charge of violation of R.A. 10 is
cognizable by the Sandiganbayan, the Office of the Ombudsman has the
primary jurisdiction to review the resolution of dismissal.
This issue is answered by Administrative Order No. 8 entitled Clarifying and
Modifying Certain Rules of Procedure of the Ombudsman, which provides
that all prosecutors are now deputized Ombudsman prosecutors.
Thus, respondent judge did not err and was, in fact, merely acting in
accordance with law when she forwarded the case for violation of R.A. 10
to the PPO. The fact that the PPO remanded the case to the court for
further proceedings instead of forwarding the same to the Deputy
Ombudsman as required by Administrative Order No. 8 is quite another
matter. In any event, respondent judge should have taken the necessary
steps to remedy the lapse in order to preclude delay in the disposition of
the case
2.A careful consideration of the records as well as the pertinent rules
reveals that there is nothing in the Rules of Criminal Procedure which
requires a judge to issue a warrant of arrest for the non-appearance of the
accused during the trial. Hence, its issuance rests on the sound discretion
of the presiding judge. More so in this case, the private prosecutor did not
move for the issuance of such warrant.
Imelda Enriquez filed a case against Judge Anacleto Caminade for gross
ignorance of the law
In a murder case against Que and Apura, Judge Anacleto denied the
motion to issue a warrant of arrest against the former (Que and Apura)
because, according to Judge Anacleto, there was no PI because Que
and Apura were denied their opportunity to file either MR or
Petition for Review before the information was filed in the Court.
OCA reported that the issue was not actually an error of judgment, but
misappropriation of the rules of criminal procedure, thus Anacleto was
guilty of gross ignorance of the law.
ISSUE: WON filing of the MR is an integral part of the preliminary
investigation? NO
53
COMPLETE
FACTS
Imelda S. Enriquez, mother of a murder victim in a criminal case, filed a
verified complaint against Judge Anacleto Caminade (Anacleto) for gross
misconduct, knowingly rendering an unjust judgment, and gross ignorance
of the law and procedure in the case of "People of the Philippines v.
Sherwin Que @Bungol, Anthony John Apura."
Anacleto denied the motion to issue a warrant of arrest against Que and
Apura, his reasoning being that there was no preliminary investigation
against Que and Apura as they were denied the opportunity to file a
motion for reconsideration or petition for review before the information was
filed in court. Anacleto not only denied the warrant of arrest, he also
remanded the case back to the Prosecutor for the completion of
preliminary investigation.
Due to Anacleto's ruling, the prosecutor was unable to file a criminal
information before the expiration of the 15-day period which allowed the
accused, by the Rules of Court, to move for a reconsideration or petition for
review of an adverse "resolution."
In his defense, Anacleto cited Sales v. Sandiganbayan, which ruled that:
1. The filing of the motion of reconsideration is an integral part of the
preliminary investigation.
2. Information filed without first affording xxx accused his right to file a
motion for reconsideration is tantamount to the a [sic] denial of the right to
a preliminary investigation.
The Office of the Court Administrator (OCA) stated in its report the issue
raised by Enriquez is not an error of judgment, nor to one pertaining
to the exercise of sound judicial discretion by Anacleto. Rather, the
issue is whether respondent complied with procedural rules so
elementary that to digress from them amounts to either ignorance
or negligence. Since the procedure for the institution of criminal
actions is basic and clearly expressed in the Rules of Court, Judge
Anacleto's Order is deemed to have been attended by gross ignorance of
the law.
ISSUE: WON Anacleto was guilty of gross ignorance of law. (Y-E-S)
54
One evening, Dencio was in front of a store when the group of Rainer
and Randall Punzalan and 14 others came by. The group bullied Dencio,
ganged up on him, and eventually beat him up.
o Dencio was able to flee, but the group chased him.
Thereafter, Dencio, Cagara, and Michael ran away, while the group
chased them and threatened to kill them.
In this case, the Justice Secretary ruled that Rosalindas statements did not
make out a case for oral defamation and the case filed by Dencio could be
threshed out in the case filed by Rainier against Michael, as Dencio was a
part thereof.
COMPLETE
55
- Dencio and Cagara filed an MR of the foregoing Resolution, but the same
was denied.
- Thus, Dencio and Cagara filed a petition for certiorari with the CA,
praying for the reinstatement of the first Justice Secretary Resolution. The
CA reinstated the Slight oral defamation case, as well as the Attempted
homicide case, but affirmed the withdrawal of the Other light threats
against Alex Ofrin.
- The Punzalans filed an MR before the CA, but the same was denied. Thus,
they filed a Rule 45 certiorari before the SC.
56
Dino filed a complaint for vote buying against Olivarez. Assistant City
Prosecutor Pablo found probable cause as stated in a Joint Resolution.
Olivares filed before the Law Department of COMELEC an appeal of the
Resolution and a MOTION TO REVOKE THE AUTHORITY OF THE
PROSECUTOR.
The Law Dept agreed with him and sent a letter to the city
prosecutor ordering it to send the records to it and suspend
the implementation of the resolution.
Issue: Whether the city prosecutor still had authority to file the
amended information. NO
Informations filed in court sans lawful authority are nothing but mere
scraps of paper which have no value.
The trial courts knowledge that the filing of the amended informations
was done by the public prosecutor in excess of his delegated authority
no longer gives it the discretion as to whether or not to accept the
amended informationsthe only option it had was not to admit the
amended informations as a sign of respect to the Commission on
Elections (COMELEC) which already had taken cognizance of the
accuseds appeal.
COMPLETE
Facts:
Dio and Comparativo filed a complaint for vote buying against the
respondent Pablo Oivares. Assistant City Prosecutor Pablo Medina
57
(Pablo) found probable cause. Two informations were filed in the RTC of
Paraaque against Pablo Olivares charging him with violation of Sec
261, paragrapsh a,b and k of Article 22 of the Omnibus Election Code.
Olivares filed before the Law Department of the COMELEC an appeal of
the Joint Resolution of the Porsec with Motion to Revoke Continuing
Authority. They argued that the pendency of the appeal of the Joint
Resolution should prevent the filing of the Informations until the
COMELEC had resolved the appeal.
The Law Department sent a letter to the city prosecutor ordering the
latter to transit the records and suspend the implementation of the
Joint Resolution until the resolution of the appeal before the COMELEC.
(Medyo naignore siya)
Olivares filed a Motion to Quash (more than one offense charged in
information). Pablo filed an Opposition and Motion to Admit amended
Informations. (Articl 261 par a in relation to b na lang).
Olivares filed and opposition raising the fact that the city prosec was
no longer empowered to amend the information since COMELEC
already ordered it to transmit the records and suspend the hearings of
the cases in the RTC.
Judge denied Motion to Quash. Olivares failed to appear before RTC for
arrignemnt. Warrant issued.
Law Department of Comelec filed a Manifestation and Motion revoking
the delegated authority to the city prosec. COMELEC Resolution also
directed the Law Dept to handle the prosection of the case and to hold
abeyance proceedings until the appeal has been acted upon by the
Commission. (Walang sinabo anong ginawa ng court. Certiorari lang
agad si Olivares).
Olivares filed Certiorari before the CA. CA agreed with Olivares (wala
nang powers si prosec to continue with the case. Lack of power= lack
of legal basis for the judge to admit amended infos and order to
arrest).
Issue:
1) Whether the city prosecutor still had authority to file the amended
information.
2) Whether it was proper for the judge to issue the warrant. IMPORTANT
Held: Petition Granted. (Dio won).
Ratio:
FIRST ISSUE:
SECOND ISSUE:
The judge properly ordered the arrest because there was failure on the
part of the accused to appear for arraignment.
o The filing of an information initiates criminal action. When the
accused is arrested the court acquires jurisdiction over the
person.
o Arraignment would then follow. Rule 116, Sec 11: Arraignment
may be suspended upon motion of the proper party: a petition
for review of the resolution of the prosecutor is pending at
either the DOJ, or the Office of the Pres. Provided the
suspension shall not exceed 60 days.
o So, the suspension is not indefinite in case of an appeal before
the DOJ.
o In this case, the appeal was filed on October 7, 2004. The
arraignment was re-scheduled to February 1, 2005 due to
58
PA RT I I
Maricar was 10 years old when she was first sexually abused in the
morning of September 1993. A few days later, Edgardo again
ravished her. On December 29, 1995, the same thing happened.
The last sexual assault happened in the afternoon of January 1,
1996.
Maricar Dimaano charged her father, Edgardo with two (2) counts
of rape and one (1) count of attempted rape. [AA: For CrimPro, we
only need to take a look at the contents of the 3rd complaint (on
attempted rape).]
That on or about the 1 st day of January 1996, in the Municipality of
Paranaque, Metro Manila, Philippines and within the jurisdiction of
this Honorable Court, the above-named accused, try and attempt
to rape one Maricar Dimaano y Victoria, thus commencing the
commission of the crime of Rape, directly by overt acts, but
nevertheless did not perform all the acts of execution which would
produce it, as a consequence by reason of cause other than his
spontaneous desistance that is due to the timely arrival of the
complainant's mother.
Edgardo pleaded not guilty to the charges. He contended though
that he could not have raped complainant because he was always
in the office from 7:00 a.m. until 9:00 p.m. waiting to be dispatched
to another assignment overseas.
The trial court found the testimony of Maricar to be spontaneous
and credible. It found the delay in reporting the rape
understandable due to the fear complainant had of her father who
had moral ascendancy over her. Also, the quarrel between
complainant's parents was not sufficient motive for the wife to
lodge a serious charge of rape against appellant. It disregarded the
Compromise Agreement and the Salaysay sa Pag-uurong ng
Sumbong since complainant was not assisted by a lawyer when
she signed the same.
The Court of Appeals affirmed with modifications the decision of
the trial court
Edgardo contends that if complainant's accusations were true, then
she could have reported them to the authorities when she
accompanied him to Paranaque Police Station and the Barangay
Hall of San Antonio or to their relatives when she had the
opportunity to do so. He also argues that had the trial court
considered the Compromise Agreement and Sinumpaang Salaysay
ng Pag-uurong ng Sumbong, it would have known that complainant
was only pressured by her mother into filing the complaint.
Issue: (For CrimPro) Whether the complaint for attempted rape was
sufficient.
Other issue: Whether the court should have considered the Compromise
Agreement.
Held: GUILTY of the crime of rape. ACQUITTED for attempted rape.
Ratio:
59
COMPLETE DIGEST
2.
FACTS:
60
ISSUES:
1. WON it is proper to quash the information on the grounds of (a) defect in
the complaint filed before the fiscal; or (b) lack of capacity to sue. (NO)
2. WON the complaint in this case is sufficient. (YES)
3. WON the capacity to sue of NBA Properties is relevant. (NO)
HELD: Petition DENIED. Records REMANDED to the RTC of Manila.
RATIO:
1.
Sec. 3, Rule 117 of the 1985 Rules of CrimPro, which was then in
force at the time the alleged criminal acts were committed, enumerates
the grounds for quashing an information. 13 Nowhere in the foregoing
provision is there any mention of the defect in the complaint filed before
the fiscal and the complainants capacity to sue as grounds for a motion to
quash.
2.
Under Sec. 3, Rule 112 of the 1985 Rules of CrimPro, a complaint is
substantially sufficient if:
13
(a) That the facts charged do not constitute an offense; (b) That the court trying the case has
no jurisdiction over the offense charged or the person of the accused; (c) That the officer who
filed the information had no authority to do so; (d) That it does not conform substantially to the
prescribed form; (e) That more than one offense is charged except in those cases in which
existing laws prescribe a single punishment for various offenses; (f) That the criminal action or
liability has been extinguished; (g) That it contains averments which, if true, would constitute a
legal excuse or justification; and (h) That the accused has been previously convicted or in
jeopardy of being convicted, or acquitted of the offense charged.
61
62
3.
Facts:
Quick Facts:
Marcelo and Felix were charged in an information for illegal sale of 42.410
grams of dried marijuana. Upon arraignment, they pleaded guilty and
were convicted by the RTC Quezon on July 16, 1996 sentenced to a jail
term of 6 months to 1 day. It turned out that the Information
reflected a much lesser quantity42.410 GRAMS instead of 42.410
Kilos. The People of the Philippines filed two separate motions.
1. Motion to admit amended information
2. Motion to set aside arraigment and decision of the Trial Court
The Trial Court first denied the Motion to Amend the information but later
on granted the Motion to Set Aside the Arraigment and the Trial Courts
decision. The Information was amended to reflect the correct amount of
marijuana and was assigned to another branch of RTC Quezon City. Both
accused filed a Motion to Quash which was denied by the Trial Court. MR
denied as well.
Issue: After an information has been filed and the accused had been
arraigned, pleaded guilty and were convicted and after they had applied
for probation, may the information be amended and the accused arraigned
anew on the ground that the information was allegedly altered/tampered
with?NO
63
64
FACTS (the only real important part here is the allegation of treachery in
the information AND the conviction by the RTC and the CA of the Batins
with Murder qualified by treachery. The facts have been included just in
case you want to know what happened)
An Information against Castor and Neil Batin was filed by the Office
of the City Prosecutor of Quezon City. It alleged:
o That on or about the 21st day of October, 1994, in Quezon
City, Philippines, the above-named accused, conspiring
together, confederating with and mutually helping each
other, did, then and there, wilfully, unlawfully and
feloniously, with intent to kill, with treachery, taking
advantage of superior strength, and with evident
premeditation, attack, assault and employ personal
violence upon the person of one EUGENIO REFUGIO y
ZOSA, by then and there shooting him with a handgun,
hitting him on the right side of his stomach, thereby
inflicting upon him serious and mortal wounds which were
the direct and immediate cause of his untimely death, to
the damage and prejudice of the heirs of said Eugenio
Refugio y Zosa, in such amount as may be awarded under
the provisions of the Civil Code. (Important!)
Castor and Neil Batin entered pleas of not guilty
The prosecutions version of the facts: (NOT IMPORTANT)
o Before the shooting, Josephine, Eugenios wife, was at
home and when she looked out of the window, she saw
Castor Batin washing his feet at a nearby faucet while
angrily
muttering
the
words
mga
matatandang
kunsintidor, dapat manahimik na. Castor then walked
towards the street
ISSUE Whether the honorable court of appeals and the trial court gravely
erred in appreciating the aggravating circumstance of treachery. NO!!!
HELD - WHEREFORE, the Decision of the Court of Appeals affirming with
modification the conviction of accused-appellant Castor Batin for murder is
AFFIRMED with FURTHER MODIFICATION as to the amount of the moral
damages, which is hereby reduced to P50,000.00.
RATIO (only the part relevant to the topic is included)
65
14
SEC. 8. Designation of the offense.The complaint or information shall state the designation
of the offense given by the statute, aver the acts or omissions constituting the offense, and
specify its qualifying and aggravating circumstances. If there is no designation of the offense,
reference shall be made to the section or subsection of the statute punishing it.
SEC. 9. Cause of the accusation.The acts or omissions complained of as constituting the
offense and the qualifying and aggravating circumstances must be stated in ordinary and
concise language and not necessarily in the language used in the statute but in terms sufficient
to enable a person of common understanding to know what offense is being charged as well as
its qualifying and aggravating circumstances and for the court to pronounce judgment.
5.
EMERGENCY DIGEST:
FACTS: RTC Tarlac convicted accused Larry Cachapero (LARRY) for rape.
The information filed against the accused alleged, "That sometime in
March 1998, in the Municipality of Camiling, Province of Tarlac, Philippines
and within the jurisdiction of this Honorable Court, the above-named
accused did then and there wilfully, unlawfully and feloniously by means of
force and intimidation succeed in having sexual intercourse with Anna
Laurence Toledo, a 7-year old minor. On appeal, he argues that the
Information was fatally defective for failing to state the precise hour when
the crime was committed.
ISSUE: W/N the court properly convicted the accused despite the
prosecutions failure to state the precise date of commission of the alleged
rape (NO)
66
ISSUE:
W/N the trial court erred in finding the information sufficient to support a
judgment of conviction despite the prosecutions failure to state the
precise date of commission of the alleged rape- it being an essential
element of the crime charged (NO, trial court DID NOT err, conviction IS
proper.)
HELD: Appeal is DENIED, RTC decision is AFFIRMED.
RATIO:
The time of occurrence is not an essential element of rape. This
being so, its precise date and hour need not be alleged in the
complaint or information. Section 11 of Rule 110 of the Rules of Court
provides:
"SEC. 11. Date of commission of the offense. It is not
necessary to state in the complaint or information
the precise date the offense was committed except
15
"Sometime in March 1998, complainant Anna Toledo, who was seven (7) years old, went to
play with Lorena Cachapero and Dino Cachapero at a nearby house in Barrio Bancay 1st,
Camiling, Tarlac.
"During that occasion, appellant Larry Cachapero, brother of Lorena, made her lie down and
removed her shorts and panty. He inserted his penis into her sexual organ and she felt pain.
Larry told her not to tell her parents because he might be scolded.
"On September 2, 1998, witness Conchita Donato was conducting a remedial class in Reading to
her Grade I and II students. While they were reading the word tagtuyot or saluyot, one of her
students Jocelyn Meneses told her that Anna was sexually abused by Manong Larry.
"She then ordered the students to leave the room and asked Jocelyn and Anna to stay behind.
She confronted Anna and asked her the truth. Anna covered her face with her two hands, cried,
and said yes. The teachers had a conference, after which they decided to report the matter to
the parents of Anna.
"On September 3, 1998, Annas mother brought her to the Camiling District Hospital where she
was examined. Dr. Mercedes B. Gapultos, a Medico Legal Officer, examined Anna and came out
with the following report testified that she found old hymenal lacerations and that it may be
caused by many factors like penetration of the hymen by a hard object, or by an object forcibly
entered."
16
"Accused Larry Cachapero testified that at the time of the alleged incident, he was in their
house together with his father and mother. He denied seeing the private complainant on that
day. He alleged the case was filed against [him] because of the long standing feud between his
mother and the mother of the private complainant."
LARRY has not shown that he was deprived of a proper defense, for
he was in fact able to foist an alibi. It cannot be said, therefore,
that his constitutionally protected right to be informed of the
nature and cause of the accusation against him has been violated.
*SIDE ISSUE: W/N the private complainants testimony, which was tainted
with material inconsistencies, should not have been received by the trial
court with precipitate credulity (NO, it was PROPER for the court to receive
the testimony)
LARRYs contentions are unconvincing. It is well-established that the
testimony of a rape victim is generally given full weight and
credit, more so if she is a minor.
The revelation of an innocent child whose chastity has been
abused deserves full credit, as her willingness to undergo
the trouble and the humiliation of a public trial is an
eloquent testament to the truth of her complaint.
67
In so testifying, she could only have been impelled to tell the truth,
especially in the absence of proof of ill motive.
To be sure, the victims testimony was not flawless or perfect in all aspects.
We must remember, however, that it was the narration of a minor who
barely understood sex and sexuality. Hence, in assessing her testimony, it
would not be fair to apply the standards used for adults.
A written request for a cash advance is made by paymaster Luz Gonzales (Gonzales), who
then submits it to Cash Division Chief Bacasmas for approval. Once the latter approves the
request, she affixes her initials to the voucher, which she forwards to City Treasurer Cesa for his
signature in the same box. By signing, Bacasmas and Cesa certify that the expense or cash
advance is necessary, lawful, and incurred under their direct supervision.
Thereafter, the voucher is forwarded to City Accountant Edna C. Jaca (Jaca) for processing and
pre-audit. She also signs the voucher to certify that there is adequate available
funding/budgetary allotment; that the expenditures are properly certified and supported by
documents; and that previous cash advances have been liquidated and accounted for. She then
prepares an Accountants Advice (Advice).
This Advice is returned with the voucher to the Chief Cashier for the preparation of the check.
After it has been prepared, she affixes her initials to the check, which Cesa then signs.
Afterwards, City Administrator Gaviola approves the voucher and countersigns the check.
The voucher, the Advice, and the check are then returned to the Cash Division, where Gonzales
signs the receipt portion of the voucher, as well as the Check Register to acknowledge receipt of
the check for encashment.
Upon receipt of the check, Gonzales encashes it at the bank, signs the voucher, and records the
cash advance in her Individual Paymaster Cashbook. She then liquidates it within five days after
payment.
A report of those cash advances liquidated by Gonzales is called a Report of Disbursement (RD).
An RD must contain the audit voucher number, the names of the local government employees
who were paid using the money from the cash advance, the amount for each employee, as well
as the receipts. The RDs are examined and verified by the City Auditor and are thereafter
submitted to the Cash Division for recording in the official cash book.
68
2.
3.
not all of the accused were named, as Gonzales was not charged in
the Information; and
the Information did not specify an offense, because negligence and
conspiracy cannot co-exist in a crime.
RATIO:
Cesa and Gaviola question the sufficiency of the Information on three
grounds:
1. it did not specify a reasonable time frame within which the offense
was committed, in violation of their right to be informed of the
charge against them;
69
Sec. 3. Corrupt practices of public officers. In addition to acts or omissions of public officers
already penalized by existing law, the following shall constitute corrupt practices of any public
officer and are hereby declared to be unlawful.
xxxx
(e) Causing any undue injury to any party, including the Government, or giving any private party
any unwarranted benefits, advantage or preference in the discharge of his official, administrative
or judicial functions through manifest partiality, evident bad faith or gross inexcusable
negligence.
THE PHILIPPINES, Respondents. (G.R. NO. 184537 April 23, 2010) Geraldez
Emergency Recitation: Petitioners herein are the subjects of
Informations filed with the Sandiganbayan. Quintin Saludaga was Mayor of
Municipality of Lavezares, Northern Samar, and SPO2 Fiel Genio is a
policeman. In both allegations, they were being accused of violating
Section 3(e) of RA 3019 (Anti-graft and Corrupt Act) for awarding a Pakyaw
Contract for the Construction of Barangay Day Care Centers in 2 Barangays
(P48,500 each). The contracts were awarded without competitive public
bidding and given to Olimpio Legua, a non-license contractor and nonaccredited NGO.
The first information alleged a violation of Sec. 3(e) by causing undue
injury to the government. This was quashed on the ground that the
damages caused were unsubstantiated. The Special Prosecutor refiled the
case, again alleging a violation of Sec. 3(e), but this time by giving
unwarranted benefit or advanted to a private person. Saludaga and Genio
claim that they should be subject to another preliminary investigation,
since this new information consituted a substitution, or at the very least, a
substantial amendment.
Held: R.A. 3019, Section 3, paragraph (e), as amended, provides as one of
its elements that the public officer should have acted by causing any
undue injury to any party, including the Government, or by giving any
private party unwarranted benefits, advantage or preference in the
discharge of his functions. An accused may be charged under either mode
or under both should both modes concur. As such, Petitioners contention
that "in substitution of information another preliminary investigation is
entailed and that the accused has to plead anew to the new information" is
not applicable to the present case because, as already stated, there is no
substitution of information there being no change in the nature of the
offense charged. There is also no substantial amendment, as all the
underlying facts, as well as the evidentiary requirements for the
prosecution and defense, remain the same.
The Real McCoy:
Facts:
1.
B.SUBSTITUTION OF INFORMATION
1.
70
2.
3.
4.
5.
b.
c.
6.
7.
Issues:
The core issue is whether or not the two (2) ways of violating section 3(e)
of Republic Act 3019, namely: (a) by causing undue injury to any party,
including the Government; or (b) by giving any private party any
unwarranted benefit, advantage or preference constitute two distinct and
separate offenses that would warrant a new or another preliminary
investigation. NOPE.
Ratio:
We find no merit in this petition.
71
Petitioners were charged with a violation of Section 3(e) of R.A. No. 3019 or
the Anti-Graft and Corrupt Practices Act. The essential elements of the
offense are as follows:
1. The accused must be a public officer discharging administrative,
judicial or official functions;
2. He must have acted with manifest partiality, evident bad faith or
inexcusable negligence; and
3. That his action caused any undue injury to any party, including
the government, or giving any private party unwarranted benefits,
advantage or preference in the discharge of his functions.
R.A. 3019, Section 3, paragraph (e), as amended, provides as one of its
elements that the public officer should have acted by causing any undue
injury to any party, including the Government, or by giving any private
party unwarranted benefits, advantage or preference in the discharge of
his functions. The use of the disjunctive term "or" connotes that either act
qualifies as a violation of Section 3 paragraph (e), or as aptly held in
Santiago, as two (2) different modes of committing the offense. This does
not however indicate that each mode constitutes a distinct offense, but
rather, that an accused may be charged under either mode or under both.
Contrary to the argument of petitioners, there is no substituted
information. The Information dated August 17, 2007 filed in Criminal Case
No. SB-08 CRM 0263 charged the same offense, that is, violation of Section
3(e) of Republic Act No. 3019. Only the mode of commission was modified.
While jurisprudence, the most recent being Talaga, Jr. v. Sandiganbayan,
provides that there are two (2) acts or modes of committing the offense,
thus: a) by causing any undue injury to any party, including the
government; or b) by giving any private party any unwarranted benefit,
advantage or preference, it does not mean that each act or mode
constitutes a distinct offense. An accused may be charged under either
mode or under both should both modes concur.
Petitioners reliance on the Teehankee v. Madayag, ruling that, "in
substitution of information another preliminary investigation is entailed and
that the accused has to plead anew to the new information" is not
applicable to the present case because, as already stated, there is no
substitution of information there being no change in the nature of the
offense charged.
Consequently, petitioners cannot invoke the principle that failure to
conduct a new preliminary investigation is tantamount to a violation of
their rights. While it is true that preliminary investigation is a statutory and
substantive right accorded to the accused before trial, the denial of
petitioners claim for a new investigation, however, did not deprive them of
their right to due process. An examination of the records of the case
discloses that there was a full-blown preliminary investigation wherein both
petitioners actively participated.
Anent the contention of petitioners that the information contained
substantial amendments warranting a new preliminary investigation, the
same must likewise fail.
dismissed without his consent. He also alleged that the amendment was
substantial. Hence it cannot be made after a plea has been given. And that
the aggravating circumstance of in disregard of rank does not qualify
Homicide to Murder.
SC: No double jeopardy. There was merely a formal amendment. The
homicide case was not dismissed upon the changing of the title to Murder.
Hence, no GADALEJ on the part of the judge.
72
Facts:
An information for Homicide was filed against SSGT. Pacoy.
But the MR was granted. The judge found that a close scrutiny of Article
248 of the Revised Penal Code shows that disregard of rank is merely a
generic mitigating circumstance which should not elevate the classification
of the crime of homicide to murder. Hence, he ordered that it be changed
to Homicide.
A petition for certiorari was alleging GADALEJ on the judge.
Pacoy alleges that:
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74
Cabo vs Sandiganbayan
Topic: Amended Information/ Complaint
(sorry, long case)
Doctrine:
Rule 110 Sed. 14.
Amendment or substitution. A complaint or
information may be amended, in form or in substance, without leave court,
at any time before the accused enters his plea. After the plea and during
the trial, a formal amendment may only be made with leave of court and
when it can be done without causing prejudice to the rights of the accused.
Amendment of an information after the accused has pleaded thereto is
allowed, if the amended information merely states with additional precision
something which is already contained in the original information and
which, therefore, adds nothing essential for conviction for the crime
charged.
ER
authority
75
while
conspiring
and
76
Issues:
Whether double jeopardy would attach on the basis of the not guilty plea
entered by Cabo on the original information, considering that her
arraignment, which was initially conditional in nature, was ratified when
she confirmed her not guilty plea by means of a written manifestation?
NO.
Whether the amendment was proper? YES.
Held: WHEREFORE, the petition is DISMISSED.
Ratio:
No double jeopardy without a valid information and a criminal
case that was not dismissed nor terminated
At any rate, with or without a valid plea, still Cabo cannot rely upon
the principle of double jeopardy to avoid arraignment on the
amended information. It is elementary that for double jeopardy to
attach, the case against the accused must have been dismissed or
otherwise terminated without his express consent by a court of
competent jurisdiction, upon a valid information sufficient in form
and substance and the accused pleaded to the charge.[25] In the
instant case, the original information to which Cabo entered a plea
of not guilty was neither valid nor sufficient to sustain a
conviction, and the criminal case was also neither dismissed nor
terminated. Double jeopardy could not, therefore, attach even if
Cabo is assumed to have been unconditionally arraigned on the
original charge.
77
78
In the case at bar, the Sandiganbayan Order dated May 14, 2004
unequivocally set forth the conditions for Cabos arraignment
pending reinvestigation of the case as well as her travel abroad.
o Among the conditions specified in said order is if it should
be found that there is a need to amend the present
indictment x x x, then the accused shall waive her right to
object under Section 14, Rule 110 of the 2000 Rules of
Criminal Procedure and her constitutional right to be
protected against double jeopardy.
o Cabo was duly assisted by counsel during the conditional
arraignment and was presumably apprised of the legal
consequences of such conditions. In fact, she signed the
minutes of the proceedings which could only signify her
informed acceptance of and conformity with the terms of
the conditional arraignment.
79
Leticia and Johan were charged with the murder of Jesus. They
were both found guilty beyond reasonable doubt.
Leticia contends she was not arraigned on the amended
information for which she was convicted. Her argument was that
the flawed understanding of the rules on amendment and
misconception on the necessity of arraignment in every case.
Issues:
Whether what was involved in this case was a formal amendment
Whether arraignment was necessary
-
Facts:
-
Kummer v People
ER:
-
Issue:
Whether what was involved in this case was a formal amendment
Whether arraignment was necessary
Ratio:
In this case, a change of date is a formal amendment
-
80
D.FILING OF INFORMATION
RECONSIDERATION
IF
THERE
IS
1. RAMISCAL V. SANDIGANBAYAN,
SEPTEMBER 15, 2010 LOPA
PENDING
G.R.
MOTION
FOR
NOS. 172476-99,
BRIG.
GEN.
(Ret.)
JOSE
RAMISCAL,
JR.,
petitioner,
vs.
SANDIGANBAYAN and PEOPLE OF THE PHILIPPINES, respondents.
G.R. Nos. 172476-99. September 15, 2010.
DOCTRINE:
- The Rules of Procedure of the Office of the Ombudsman, sanction the
immediate filing of an information in the proper court upon a finding of
probable cause, even during the pendency of a motion for
reconsideration. Neither can it bar the arraignment of the accused,
which in the normal course of criminal procedure logically follows the
filing of the information.
- The court must proceed with the arraignment of an accused within 30
days from the filing of the information or from the date the accused has
appeared before the court in which the charge is pending.
EMERGENCY RECIT:
Ramiscal was a retired AFP officer and former president of AFPRetirement and Separation Benefits System (AFP-RSBS). During his
incumbency, the BOD of AFP-RSBS approved the acquisition of 15,020 sq.
m. of land for development as housing projects. On August 1, 1997 AFPRSBS as represented by Ramiscal Jr., and Flaviano the attorney-in-fact of 12
individual vendors executed and signed a bilateral Deed of Sale (1st Deed)
over the subject property at the agreed price of P 10,500.00 per sq. m.
After the payment @ P 10,500.00 per sq. m., Flaviano executed and signed
a unilateral Deed of Sale (2nd Deed) over the same property with a
purchase price of P 3,000.00 per sq. m. Thereafter the 2nd Deed was
presented by Flaviano for registration which became the basis of the
Certificate of Title of the said property.
Ombudsman found Ramiscal et. al. probably guilty of violation of
Sec. 3(e) of RA 3019 and falsification of public documents and filed in the
Sandiganbayan 12 informations for violations of the same. 1st MR: panel
of prosecutors still found probable cause. Ombudsman Ma. Merceditas N.
Gutierrez approved the recommendation of the panel of prosecutors,
81
82
E.PRESCRIPTION
1.
Ratio:
Act No. 3326 provides that the period of 4 years is interrupted by the
institution of proceedings. We have to understand that in 1926 when it was
passed, the justice of the peace had the function of performing preliminary
investigation. Hence, the period was suspended when the party instituted
judicial proceedings for investigation and punishment since this was the
first step taken in the investigation or examination of offenses partakes the
nature of a judicial proceeding. But this is no longer the current procedure!
The SC explained beautifully:
83
84
85
beyond their control, like the accused's delaying tactics or the delay and
inefficiency of the investigating agencies.
2.
People v Romualdez
Topic: Prescription
EMERGENCY DIGEST
Quick Facts:
Romualdez was charged with violation of Anti-Graft and Corrupt Practices
Act. The information from 1976 to February 1986, Romualdez, being then
the governor of Leyte, used his influence (brother-in-law or Marcos) and
held another position as ambassador to China, Saudi Arabia and USA while
still performing his duties as Governor. He also received compensation for
his services.
Romualdez moved to quash the information on the ground of prescription,
saying that the 15-year prescriprion under the Anti-Graft law has lapsed.
The preliminary investigation of the case for an offense committed
on or about and during the period from 1976 to February 1986
commenced only in May 2001 after a Division of the
Sandiganbayan referred the matter to the Office of the
Ombudsman.
Sandiganbayan- quashed the info on another ground (mentioned also in
the motion), but did not find merit on the argument of prescription.
Romualdez did not appeal the decision of not finding merit on the
argument of prescription as the information was still quashed.
People appealed. Subsequently, the court found GADLEJ in the act of
Sandiganbayan in quashing the information.
Romualdez appealed and again raised the argument that the action is
already barred by prescription.
Issue: W/N The action has prescribed. YES, it has prescribed.
Ratio:
The act complained of happened during the period of 1976 until February
1986. However, the subject criminal cases were filed with the
Sandiganbayan only on 5 November 2001, following a preliminary
investigation that commenced only on 4 June 2001. The time span that
elapsed from the alleged commission of the offense up to the filing of the
subject cases is clearly beyond the 15 year prescriptive period provided
under Section 11 of Rep. Act No. 3019.
Even though the PCGG had attempted to file similar criminal cases against
Romualdez on 22 February 1989, said cases were quashed based on
prevailing jurisprudence that informations filed by the PCGG and not the
Office of the Special Prosecutor/Office of the Ombudsman are null and void
For criminal violations of Rep. Act No. 3019, the prescriptive period
(15 years) is tolled only when the Office of the Ombudsman
receives a complaint or otherwise initiates its investigation.
The action intiated by the PCGG did not toll the running of the
prescriptive period because it is not a proper body.
COMPLETE DIGEST:
Facts:
The Office of the Ombudsman charged Romualdez before the
Sandiganbayan with violation of Section 3 (e) of Republic Act No. 3019
(R.A. 3019), as amended, otherwise known as the Anti-Graft and Corrupt
Practices Act. The Information reads:
That on or about and during the period from 1976 to February 1986 or
sometime prior or subsequent thereto xxx accused Benjamin "Kokoy"
Romualdez, a public officer being then the Provincial Governor of the
Province of Leyte, while in the performance of his official function,
committing the offense in relation to his Office, did then and there willfully,
unlawfully and criminally with evident bad faith, cause undue injury to the
Government in the following manner: accused public officer being then the
elected Provincial Governor of Leyte and without abandoning said position,
and using his influence with his brother-in-law, then President Ferdinand E.
Marcos, had himself appointed and/or assigned as Ambassador to foreign
countries, particularly the People's Republic of China (Peking), Kingdom of
Saudi Arabia (Jeddah), and United States of America (Washington D.C.),
knowing fully well that such appointment and/or assignment is in violation
of the existing laws as the Office of the Ambassador or Chief of Mission is
incompatible with his position as Governor of the Province of Leyte,
thereby enabling himself to collect dual compensation from both the
Department of Foreign Affairs and the Provincial Government of Leyte in
the amount of US $276,911.56 or its equivalent amount of P5,806,709.50
xxx to the damage and prejudice of the Government in the aforementioned
amount of P5,806,709.50.
CONTRARY TO LAW.
Romualdez moved to quash the information on two grounds, namely: (1)
that the facts alleged in the information do not constitute the offense with
which the accused was charged; and (2) that the criminal action or liability
has been extinguished by prescription.
86
87
Muti: Long and kagulo yung case. Tried my best to explain. First ER is in
my own words. The expanded ratio is in the courts words just in case you
dont want my own words lol.
ER: DISINI, a close associate of Marcos and husband of Imeldas first
cousin, was charged in two informations for the crime of corruption of
public officials under RPC and violation of R.A. 3019. In summary, the
informations provide that DISINI had offered, promised and given gifts and
presents to Marcos in consideration of obtaining for Burns & Roe and
Westinghouse the contracts, respectively, to do the engineering and
architectural design of and to construct the PNPPP (Power Plant in Bataan).
Disini moved to quash the information on the ground of prescription,
among others. Issue is whether the offenses charged in the informations
have prescribed. NO!
Impt dates for reference:
1974: contracts were awarded to Burns & Roe and Westinghouse
1982: effectivity of B.P. 195
1986: PCGG investigation led to the discovery of the unlawful act
1991: filing of criminal complaint
R.A. 3019
Pacificador
committed
from 10 to
88
from 1974 to 1986. Thus, the prescription period in this case should be
10yrs.
Now, when will the 10yr start to run? Commission of crime. If not known,
from the time of discovery. Disini contends that it should start in 1974
when the contracts were awarded. SC says no. During the Marcos regime,
no person would dare to assail the legality of those contracts so they were
assumed regular. Further, the unlawful acts were only discovered by the
PCGG in its investigation in 1986. Therefore, 1986 is the starting point.
Lastly, when is it interrupted? Filing the complaint or information in the
office of the public prosecutor for purposes of the preliminary investigation.
Here, the complaint was filed in 1991. Only five years have (1986-1991).
NO PRESCRIPTION!
Expanded emergency ratio
1) Period of prescription (10 yrs)
RPC: 15 yrs. R.A. 3019: 15 yrs din but prior to its amendment, the
prescriptive period was only 10 years. It became settled in People v.
Pacificador, however, that the longer prescriptive period of 15years would
not apply to crimes committed prior to the effectivity of B.P. 195, which
was approved in 1982, because the longer period could not be given
retroactive effect for not being favorable to the accused. Thus, with the
information alleging the period from 1974 to 1986 as the time of the
commission of the crime charged, the applicable prescriptive period is 10
years.
2) When prescription starts to run (1986)
RPC: day on which the crime is discovered by the offended party, the
authorities, or their agents. R.A. No. 3019: day of the commission of the
violation of the law, and if the same be not known at the time, from the
discovery thereof and the institution of judicial proceedings for its
investigation and punishment.
DISINI argues that the prescriptive period began to run from 1974, the time
when the contracts for the PNPP Project were awarded to Burns & Roe and
Westinghouse. Notwithstanding the highly publicized and widely-known
nature of the PNPPP, the unlawful acts or transactions in relation to it were
discovered only through the PCGGs exhaustive investigation. Before the
discovery, the PNPPP contracts, which partook of a public character,
enjoyed the presumption of their execution having been regularly done in
the course of official functions. Considering further that during the Marcos
regime, no person would have dared to assail the legality of the
transactions, it would be unreasonable to expect that the discovery of the
unlawful transactions was possible prior to 1986.
3) When prescriptive period is interrupted (1991)
Prescription shall be interrupted when proceedings are instituted against
the guilty person. The prevailing rule is that irrespective of whether the
offense charged is punishable by the RPC or by a special law, it is the filing
of the complaint or information in the office of the public prosecutor for
purposes of the preliminary investigation that interrupts the period of
prescription.
DISINI filed a motion to quash, alleging that the criminal actions had
been extinguished by prescription, and that the informations did not
89
As for the second case, Disini was charged with a violation of Section
4(a) of R.A. No. 3019. By express provision of Section 11 of R.A. No.
3019, as amended by Batas Pambansa Blg. 195, the offenses
committed under R.A. No. 3019 shall prescribe in 15 years.
o Prior to the amendment, the prescriptive period was only 10
years. It became settled in People v. Pacificador, 28 however,
that the longer prescriptive period of 15years would not apply
to crimes committed prior to the effectivity of Batas Pambansa
Blg. 195, which was approved on March 16, 1982, because the
longer period could not be given retroactive effect for not being
favorable to the accused. With the information alleging the
period from 1974 to February1986 as the time of the
commission of the crime charged, the applicable
prescriptive period is 10 years in order to accord with
People v. Pacificador .
The time when the period of prescription starts to run
Xxx we held in a catena of cases, that if the violation of the special law
was not known at the time of its commission, the prescription begins to
run only from the discovery thereof, i.e., discovery of the unlawful
nature of the constitutive act or acts. Corollary, it is safe to conclude
that the prescriptive period for the crime which is the subject herein,
commenced from the date of its discovery in 1992 after the Committee
made an exhaustive investigation. When the complaint was filed in
1997, only five years have elapsed, and, hence, prescription has not
yet set in. The rationale for this was succinctly discussed in the 1999
Presidential Ad Hoc Fact-Finding Committee on Behest Loans, that "it
was well-high impossible for the State, the aggrieved party, to have
known these crimes committed prior to the 1986 EDSA Revolution,
because of the alleged connivance and conspiracy among involved
public officials and the beneficiaries of the loans." In yet another
pronouncement, in the 2001 Presidential Ad Hoc Fact-Finding
Committee on Behest Loans v. Desierto (G.R. No. 130817), the Court
held that during the Marcos regime, no person would have dared to
question the legality of these transactions.
90
91
2.
DOCTRINES:
92
delivered from Clark Special Economic Zone to the PCSO with taxes worth
around Php 15.9 M.
However, the Secretary of Justice reversed the State Prosecutors
Resolution and accordingly directed the withdrawal of the Information.
Bureau of Customs filed an MR to SoJ which was denied.
Bureau of Customs elevated the case by petition for certiorari to the CA
while the Prosecutor Lao-Tamano filed before the CTA a Motion to Withdraw
Information with Leave of Court to which petitioner filed an Opposition.
Respondents, on their part, moved for the dismissal of the Information. CTA
granted the withdrawal and dismissed the information. Bureau of Customs
MR to CTA was noted without action.
Hence this petition.
Issue: Whether the CTA gravely abused its discretion by merely noting
without action petitioners MR. (NO)
Held:
It is well-settled that prosecution of crimes pertains to the executive
department of the government whose principal power and responsibility is
to insure that laws are faithfully executed. Corollary to this power is the
right to prosecute violators. All criminal actions commenced by complaint
or information are prosecuted under the direction and control of public
prosecutors. In the prosecution of special laws, the exigencies of public
service sometimes require the designation of special prosecutors from
different government agencies to assist the public prosecutor. The
designation does not, however, detract from the public prosecutor having
control and supervision over the case.
The CTA noted without action petitioners motion for reconsideration. By
merely noting without action petitioners motion for reconsideration, the
CTA did not gravely abuse its discretion. For, as stated earlier, a public
prosecutor has control and supervision over the cases. The participation in
the case of a private complainant, like petitioner, is limited to that of a
witness, both in the criminal and civil aspect of the case.
Parenthetically, petitioner is not represented by the Office of the Solicitor
General (OSG) in instituting the present petition, which contravenes
established doctrine that "the OSG shall represent the Government of the
Philippines, its agencies and instrumentalities and its officials and agents in
any litigation, proceeding, investigation, or matter requiring the services of
lawyers.
IN FINE, as petitioners MR of the CTA Resolution did not bear the
imprimatur of the public prosecutor to which the control of the prosecution
of the case belongs, the present petition fails.
3.
FLORES V. GONZALES, G.R. NO. 188197, AUGUST 03, 2010 PEREZ DE TAGLE
DOCTRINE: THE TRIAL COURT IS NOT BOUND TO ADOPT THE RESOLUTION OF THE
SECRETARY OF JUSTICE, IN SPITE OF BEING AFFIRMED BY THE APPELLATE COURTS, SINCE IT
IS MANDATED TO INDEPENDENTLY EVALUATE OR ASSESS THE MERITS OF THE CASE AND IT
MAY EITHER AGREE OR DISAGREE WITH THE RECOMMENDATION OF THE SECRETARY OF
JUSTICE. RELIANCE ON THE RESOLUTION OF THE SECRETARY OF JUSTICE ALONE WOULD
Issue
Lim MR
Flores certiorari with the CA to annul order of the SOJ which led to
the Motion to Withdraw
o DENIED
Flores Rule 45 to the SC
MTCC suspends proceedings in anticipation of final ruling of CA
certiorari case.
(main):
WHETHER OR NOT THE JUNE 20, 2007 RESOLUTION OF THE
MUNICIPAL TRIAL COURT, DENYING RESPONDENT LIMS MOTION TO
WITHDRAW INFORMATION AND FINDING PROBABLE CAUSE,
RENDERED THE DISPOSITION OF THE PETITION BEFORE [THE]
COURT OF APPEALS ACADEMIC [yes]
Held:
The trial court is not bound to adopt the resolution of the Secretary
of Justice, in spite of being affirmed by the appellate courts, since it
is mandated to independently evaluate or assess the merits of the
case and it may either agree or disagree with the recommendation
of the Secretary of Justice. Reliance on the resolution of the
Secretary of Justice alone would be an abdication of the trial courts
duty and jurisdiction to determine a prima facie case
This was precisely what the MTCC did when it denied the Motion to
Withdraw Information in its June 20, 2007 Resolution, and it
correctly did so. In view of the above disquisitions, and while the
disposition of the issue of whether or not the Secretary of Justice
acted with grave abuse of discretion in not finding probable cause
93
Flores filed a complaint affidavit against Lim for estafa before the
City Prosecutor of Cebu City.
o Basically, Flores alleged that Lim tricked him and his fellow
incorporators of Enviroboard Manufacturing (EMI) into
buying several pieces of compact processing equipment
from a company called Compak. It turned out that Lim was
connected to Bendez International (Bendez), which was the
exclusive distributor of Compak equipment.
o Lim allegedly lied about the price of the equipment and
misrepresented that he cancelled the sale of one of the
equipment when, actually, he didnt!
Meanwhile, Lim files an MR with the SOJ regarding the order that
compelled the Prosecutor to file the case with the MTCC.
GRANTED!!
o Flores filed a petition for certiorari with the CA to annul
this.
Eventually, the CA rules that the last order of the SOJ (granting
Lims MR and ultimately leading to the Motion to Withdraw) was
perfectly valid.
o Flores, aggrieved, files a Rule 45 Petition for Review on
certiorari to challenge this ruling.
Issues
20
Suffice it to state that these matters are best addressed to the MTCC, where they will be
thoroughly ventilated and threshed out in the resolution of Lims motion for reconsideration of
the MTCC June 20, 2007 Resolution, and eventually, if the trial court denies the motion, during
the trial on the merits before it.
94
Sps. Bun Tiong filed a Rule 45 petition questioning the RTC decision which
made them liable.
ISSUE:
1.
ER
Sps. Balboa filed complaint for sum of money with the RTC against Sps.
Bun Tiong. Then they ALSO filed a SECOND case for BP 22 in the MTC.
The MTC case acquitted Caroline and no indemnity was ordered paid to
Sps. Balboa.
The RTC case found Sps. Bun Tiong civilly liable for amount claimed. This
was affirmed by CA.
Sps Bun Tiong filed present case claiming that the CA erred by not taking
cognizance of the MTC case thereby allowing double recovery and forum
shopping.
SC ruled that when the case was filed, the rule applicable was Section 1,
Rule 111 of the 1985 Rules of Court which allowed separate actions for the
recovery of the criminal and civil liability of the party. (VERSUS PRESENT
RULE: deemed instituted na together)
CONCLUSION: since the civil case was filed first, it may proceed
independently of the criminal (BP 22) case. No forum shopping and no
double recovery on the civil liability.
FACTS
In Feb 1997, Sps.Balboa filed with the RTC Manila a complaint for Collection
of Sum of Money (P5,175,250) against Sps. Bun Tiong. The amount covered
three post dated checks issued by Caroline.
Five months after, separate criminal complaints for BP 22 were also filed
against Caroline with the MTC of Manila by the Sps. Balboa.
The RTC Manila found Sps. Bun Tiong liable and dismissed their
counterclaim. Caroline appealed the decision to the CA which affirmed the
RTC decision. (SA RTC liable for the amount)
However, in 2001, the MTC acquitted Caroline since her guilt was not
proven beyond reasonable doubt. She was merely found civilly liable for
the amounts of the issued checks. Sps. Bun Tiong sought partial
reconsideration of the MTC decision and prayed for the deletion of the
award of civil indemnity. This was denied so they appealed to the RTC as an
appellate court. The appeal was granted and the award of civil indemnity
was deleted. (Sa MTC acquitted of ALL liability)
95
2.
96
This was later adopted as Rule 111(b) of the 2000 Revised Rules of
Criminal Procedure, to wit:
Under the foregoing rule, an action for the recovery of civil liability arising
from an offense charged is necessarily included in the criminal
proceedings, unless:
(1) there is an express waiver of the civil action, or
(2) there is a reservation to institute a separate one, or
(3) the civil action was filed prior to the criminal complaint.
Since the Balboas instituted the civil action prior to the criminal action,
then the collection case filed with the RTC may proceed independently of
Criminal Cases Nos. 277576 to 78, and there is no forum shopping to speak
of.
Upon filing of the aforesaid joint criminal and civil actions, the
offended party shall pay in full the filing fees based on the amount of the
check involved, which shall be considered as the actual damages claimed.
Where the complaint or information also seeks to recover liquidated, moral,
nominal, temperate or exemplary damages, the offended party shall pay
the filing fees based on the amounts alleged therein. If the amounts are
not so alleged but any of these damages are subsequently awarded by the
court, the filing fees based on the amount awarded shall constitute a first
lien on the judgment.
Where the civil action has been filed separately and trial thereof
has not yet commenced, it may be consolidated with the criminal action
upon application with the court trying the latter case. If the application is
granted, the trial of both actions shall proceed in accordance with section 2
of this Rule governing consolidation of the civil and criminal actions.
BUT THE ABOVE IS NOT APPLICABLE IN THIS CASE SINCE CASE WAS
FILED PRIOR TO SC CIRCULAR
The complaint for sum of money was filed before the criminal case and
PRIOR to the adoption of Supreme Court Circular No. 57-97 on September
16, 1997. Thus, at the time of filing, the governing rule is Section 1, Rule
111 of the 1985 Rules of Court, to wit:
ON CIVIL LIABILITY
Even under the amended rules, a separate proceeding for the recovery of
civil liability in cases of violations of B.P. No. 22 is allowed when the civil
case is filed ahead of the criminal case. Thus, in the Hyatt case, the Court
noted, viz.:
x x x This rule [Rule 111(b) of the 2000 Revised Rules of Criminal
Procedure ] was enacted to help declog court dockets which are filled with
B.P. 22 cases as creditors actually use the courts as collectors. Because
ordinarily no filing fee is charged in criminal cases for actual damages, the
payee uses the intimidating effect of a criminal charge to collect his credit
gratis and sometimes, upon being paid, the trial court is not even informed
thereof. The inclusion of the civil action in the criminal case is expected to
significantly lower the number of cases filed before the courts for collection
based on dishonored checks. It is also expected to expedite the disposition
of these cases. Instead of instituting two separate cases, one for criminal
and another for civil, only a single suit shall be filed and tried. It should be
stressed that the policy laid down by the Rules is to discourage the
separate filing of the civil action. The Rules even prohibit the reservation of
a separate civil action, which means that one can no longer file a separate
civil case after the criminal complaint is filed in court. The only instance
when separate proceedings are allowed is when the civil action is filed
The Court reversed the CA's decision. There is no independent civil action
to recover the value of a bouncing check issued in contravention of BP 22.
This is clear from Rule 111 of the Rules of Court, effective December 1,
2000, which relevantly provides:
Section 1. Institution of criminal and civil actions. - (a) When a
criminal action is instituted, the civil action for the recovery of civil
liability arising from the offense charged shall be deemed instituted
with the criminal action unless the offended party waives the civil
97
That sometime in December 1996 in the City of Manila, Philippines, the said accused, did then
and there willfully, unlawfully and feloniously make or draw and issue to Elvin Chan to apply on
account or for value Landbank Check No. 0007280 dated December 26, 1996 payable to cash in
the amount of P336,000.00 said accused well knowing that at the time of issue she/he/they did
not have sufficient funds in or credit with the drawee bank for payment of such check in full
upon its presentment, which check when presented for payment within ninety (90) days from the
date thereof was subsequently dishonored by the drawee bank for Account Closed and despite
receipt of notice of such dishonor, said accused failed to pay said Elvin Chan the amount of the
check or to make arrangement for full payment of the same within five (5) banking days after
receiving said notice.
CONTRARY TO LAW.
98
Issue:
Whether or not Chans civil action to recover the amount of the unfunded
check was an independent civil action. - NO
Held:
Wherefore, petition for review on certiorari granted. CA decision reversed
and set aside. MTC decision reinstated.
Ratio:
The issue was settled by the Court in Banal vs. Judge Tadeo Jr. where the
Court stated that:
xxx
Civil liability to the offended party cannot thus be denied. The payee of the
check is entitled to receive the payment of money for which the worthless
check was issued. Having been caused the damage, she is entitled to
recompense. xxx
However, there is no independent civil action to recover the value of a
bouncing check issued in contravention of BP 22. This is clear from Rule
111 of the Rules of Court, effective December 1, 2000, which relevantly
provides:
Section 1. Institution of criminal and civil actions. - (a) When a criminal
action is instituted, the civil action for the recovery of civil liability arising
from the offense charged shall be deemed instituted with the criminal
action unless the offended party waives the civil action, reserves the right
to institute it separately or institutes the civil action prior to the criminal
action. xxx
(b) The criminal action for violation of Batas Pambansa Blg. 22 shall be
deemed to include the corresponding civil action. No reservation to file
such civil action separately shall be allowed. xxx
Section 3. When civil action may proceed independently. In the cases
provided in Articles 32, 33, 34 and 2176 of the Civil Code of the Philippines,
the independent civil action may be brought by the offended party. It shall
proceed independently of the criminal action and shall require only a
preponderance of evidence. In no case, however, may the offended party
recover damages twice for the same act or omission charged in the
criminal action.
The provisions of the ROC, even if not yet in effect when Chan commenced
the civil case on August 3, 2000, are nonetheless applicable. The
retroactive application of procedural laws does not violate any right of a
person who may feel adversely affected, nor is it constitutionally
objectionable. As a general rule, no vested right may attach to, or arise
from, procedural laws. Any new rules may validly be made to apply to
cases pending at the time of their promulgation, considering that no party
to an action has a vested right in the rules of procedure, except that in
criminal cases, the changes do not retroactively apply if they permit or
require a lesser quantum of evidence to convict than what is required at
the time of the commission of the offenses, because such retroactivity
99
A perusal of the Civil Case and the Criminal Case ineluctably shows that all
the elements of litis pendentia are present. First, the parties involved are
the same. Secondly, the information and the complaint in both alleged that
Simon had issued Landbank Check No. 0007280 worth P336,000.00
payable to "cash," thereby indicating that the rights asserted and the
reliefs prayed for, as well as the facts upon which the reliefs sought were
founded, were identical in all respects. And, thirdly, any judgment rendered
in one case would necessarily bar the other by res judicata; otherwise,
Chan would be recovering twice upon the same claim.
March 9, 2011
BOMBASI took over the store when her mother died. A fire razed
the public market but the store remained intact. Yet, prior to the
termination of the lease contract, Mayor COMENDADOR wrote a
letter for BOMBASI to vacate the store in order for the municipality
to reconstruct the public market.
100
Issue: Whether or not civil liability not arising from crime is extinguished
by the death of the accused? NO
Held: WHEREFORE, the instant appeal is DENIED. Accordingly, the Decision
of the Sandiganbayan dated 28 April 2003 is hereby AFFIRMED WITH
MODIFICATION. The Court affirms the decision finding the accused Paulino
S. Asilo, Jr. and Demetrio T. Comendador guilty of violating Section 3(e) of
Republic Act No. 3019. We declare the finality of the dismissal of both the
criminal and civil cases against Alberto S. Angeles as the same was not
appealed. In view of the death of Demetrio T. Comendador pending trial,
his criminal liability is extinguished; but his civil liability survives. The
Municipality of Nagcarlan, Paulino Asilo and Demetrio T. Comendador, as
substituted by Victoria Bueta Vda. De Comendador, are hereby declared
solidarily liable to the Spouses Bombasi for temperate damages in the
amount of P200,000.00 and moral damages in the amount of P100,000.00.
Ratio:
The Court is in one with the prosecution that there was a violation
of the right to private property of Bombasi. The accused public
officials should have accorded due process of law guaranteed by
the Constitution and New Civil Code. The Sangguniang Bayan
Resolutions as asserted by the defense will not, as already shown,
justify demolition of the store without court order. This Court in a
number of decisions held that even if there is already a writ of
execution, there must still be a need for a special order for the
purpose of demolition issued by the court before the officer in
charge can destroy, demolish or remove improvements over the
contested property. The pertinent provisions are the following:
It must be noted that when Angeles (first accused who died) died,
a motion to drop him as an accused was filed by his counsel with
no objection on the part of the prosecution. The Sandiganbayan
acted favorably on the motion and issued an Order dismissing all
the cases filed against Angeles. On the other hand, when Mayor
Comendador died and an adverse decision was rendered against
him which resulted in the filing of a motion for reconsideration by
101
2.
102
ISSUE:
what happens when the accused dies on appeal?
a) Law
RATIO
b) Contracts
Taking into consideration appellants death, this Court will now
determine its effect to this present appeal.
Appellants death on 4 December 2004, during the pendency of
his appeal before the Court of Appeals, extinguished not only his criminal
liability for the crime of rape committed against AAA, but also his civil
liability solely arising from or based on said crime. [15]
c) Quasi-contracts
d) x x x
e)
3.
Criminal
liability
is
totally
extinguished:
1.
By death of the convict, as
to the personal penalties; and as to
pecuniary penalties, liability therefor is
xxx
xxx
Quasi-delicts
Where the civil liability survives, as explained in
Number 2 above, an action for recovery therefor
may be pursued but only by way of filing a
separate civil action and subject to Section 1,
Rule 111 of the 1985 Rules on Criminal
Procedure as amended. This separate civil
action may be enforced either against the
executor/administrator or the estate of the
accused, depending on the source of obligation
upon which the same is based as explained
above.
D.ACQUITTAL
1.
People v. Velasco
DOCTRINE:
103
ISSUE:
-
[2nd issue]
-
[The Court went into a huge JJ discussion about the history and
etymology of jeopardy, lol. It cited Justinian, The Code of
Hammurabi, St. Jerome, King Henry II & Thomas a Becket]
At this juncture, it must be explained that under existing American
law and jurisprudence, appeals may be had not only from criminal
convictions but also, in some limited instances, from dismissals of
criminal charges, sometimes loosely termed "acquittals." But this is
so as long as the judgments of dismissals do not involve
determination of evidence, such as when the judge:
o (a) issues a post-verdict acquittal, i.e., acquits the
defendant on a matter of law after a verdict of guilty has
been entered by a trier of facts (a jury);
o (b) orders the dismissal on grounds other than insufficiency
of evidence, as when the statute upon which the
indictment was based is defective;
o []
o Interestingly, the common feature of these instances of
dismissal is that they all bear on questions of law or
matters unrelated to a factual resolution of the case which
consequently, on appeal, will not involve a review of
evidence. Its logical effect in American law is to render
appeals therefrom non-repugnant to the Double Jeopardy
Clause.
The People cite two US Cases to subject Velasco to a second trial,
(WHICH ULTIMATELY FAILED): [These cases allowed an appeal
despite acquittal]
o Wilson involved an appeal by Government of a postverdict ruling of law issued by the trial judge resulting in
the acquittal of the defendant due to pre-indictment delay
(a delay between the offense and the indictment
prejudiced the defendant) after a verdict of guilty had been
entered by the jury. But it was not an acquittal that
104
This consequently exempts the act from the writs limiting requirement of
excess or lack of jurisdiction. As such, it becomes an improper object of
and therefore non-reviewable by certiorari. To reiterate, errors of
judgment are not to be confused with errors in the exercise of jurisdiction.
2.
105
which seeks to enforce her civil liability based on the eleven (11) checks, is
thus allegedly already barred by the final and executory decision acquitting
her.
Issue: WON Ching may appeal the civil aspect of the case within the
reglementary period? YES and WON Nicdao civilly liable? NO.
Held:
Ching is entitled to appeal the civil aspect of the case within the
reglementary period. Every person criminally liable for a felony is also
civilly liable. Extinction of the penal action does not carry with it extinction
of the civil, unless the extinction proceeds from a declaration in a final
judgment that the fact from which the civil might arise did not exist. Ching
correctly argued that he, as the offended party, may appeal the civil aspect
of the case notwithstanding Nicdaos acquittal by the CA. The civil action
was impliedly instituted with the criminal action since he did not reserve
his right to institute it separately nor did he institute the civil action prior to
the criminal action.
If the accused is acquitted on reasonable doubt but the court renders
judgment on the civil aspect of the criminal case, the prosecution cannot
appeal from the judgment of acquittal as it would place the accused in
double jeopardy. However, the aggrieved party, the offended party or the
accused or both may appeal from the judgment on the civil aspect of the
case within the period therefor.
NO. NICDAO is not civilly liable. A review of the case leads to the
conclusion that Nicdaos acquittal likewise carried with it the extinction of
the action to enforce her civil liability. There is simply no basis to hold
respondent Nicdao civilly liable to Ching. CAs acquittal of respondent
Nicdao is not merely based on reasonable doubt. Rather, it is based on the
finding that she did not commit the act penalized under BP 22. In
particular, the CA found that the P20,000,000.00 check was a stolen check
which was never issued nor delivered by Nicdao to Ching. CA did not
adjudge her to be civilly liable to petitioner Ching. In fact, the CA explicitly
stated that she had already fully paid her obligations. The finding relative
to the P20,000,000.00 check that it was a stolen check necessarily
absolved respondent Nicdao of any civil liability thereon as well. The
acquittal carried with it the extinction of her civil liability as well.
FACTS: (dami kwento from direct examination to cross
examination)
22
106
SEC. 1. Institution of criminal and civil actions. When a criminal action is instituted, the civil
action for the recovery of civil liability is impliedly instituted with the criminal action, unless the
offended party waives the civil action, reserves his right to institute it separately, or institutes
the civil action prior to the criminal action.
NICDAO says that it is barred under Section 2(b), Rule 111 of the
Revised Rule of Court23. She states that the CA has already made a
finding to the effect that the fact upon which her civil liability might
arise did not exist.
Such civil action includes the recovery of indemnity under the Revised Penal Code, and damages
under Articles 32, 33, 34 and 2176 of the Civil Code of the Philippines arising from the same act
or omission of the accused. x x x
SC Circular 57-97
1. The criminal action for violation of Batas Pambansa Blg. 22 shall be deemed to necessarily
include the corresponding civil action, and no reservation to file such civil action separately shall
be allowed or recognized. x x x
23
SEC. 2. Institution of separate of civil action. - Except in the cases provided for in Section 3
hereof, after the criminal action has been commenced, the civil action which has been reserved
cannot be instituted until final judgment in the criminal action.
xxxx
(b) Extinction of the penal action does not carry with it extinction of the civil, unless the
extinction proceeds from a declaration in a final judgment that the fact from which the civil
might arise did not exist.
107
In Sapiera v. Court of Appeals, the Court enunciated that the civil liability is
not extinguished by acquittal: (a) where the acquittal is based on
reasonable doubt; (b) where the court expressly declares that the liability
of the accused is not criminal but only civil in nature; and (c) where the
civil liability is not derived from or based on the criminal act of which the
accused is acquitted.
Thus, under Article 29 of the Civil Code
ART. 29. When the accused in a criminal prosecution is acquitted on the
ground that his guilt has not been proved beyond reasonable doubt, a civil
action for damages for the same act or omission may be instituted. Such
action requires only a preponderance of evidence. Upon motion of the
defendant, the court may require the plaintiff to file a bond to answer for
damages in case the complaint should be found to be malicious.
If in a criminal case the judgment of acquittal is based upon reasonable
doubt, the court shall so declare. In the absence of any declaration to that
effect, it may be inferred from the text of the decision whether or not the
acquittal is due to that ground.
Moreover, the civil action based on the delict is extinguished if there is a
finding in the final judgment in the criminal action that the act or omission
from which the civil liability may arise did not exist or where the accused
did not commit the act or omission imputed to him.
If the accused is acquitted on reasonable doubt but the court renders
judgment on the civil aspect of the criminal case, the prosecution cannot
appeal from the judgment of acquittal as it would place the accused in
double jeopardy. However, the aggrieved party, the offended party or the
accused or both may appeal from the judgment on the civil aspect of the
case within the period therefor.
THUS, CHING correctly argued that he, as the offended party, may
appeal the civil aspect of the case notwithstanding Nicdaos
acquittal by the CA. The civil action was impliedly instituted with
the criminal action since he did not reserve his right to institute it
separately nor did he institute the civil action prior to the criminal
action.
Following the long recognized rule that "the appeal period accorded to the
accused should also be available to the offended party who seeks redress
of the civil aspect of the decision," the period to appeal granted to
petitioner Ching is the same as that granted to the accused. With petitioner
Chings timely filing of the instant petition for review of the civil aspect of
the CAs decision, the Court thus has the jurisdiction and authority to
determine the civil liability of Nicdao notwithstanding her acquittal.
2nd ISSUE: The acquittal oft Nicdao likewise effectively extinguished her
civil liability
3.
108
The Final Evaluation Report was issued on April 16, 2002 which
upgraded the complaint to a criminal case. As a result, Coscolluela, et.
al. submitted their counter-affidavits.
Coscolluela, et. al. only learned of the Caares resolution and the filing
of the Information after they received a copy of the latter shortly after
its filing with the Sandiganbayan.
Coscolluela, et. al. filed a Motion to Quash on the ground that his right
to speedy disposition of cases was violated when the charges against
him were resolved 8 years after the original complaint was initiated.
The Ombudsman filed their Opposition, explaining that the delay was
due to the fact that the Information had to go through careful review
and revision before its approval. Coscolluela, et. al. never even raised
any objections to the delay in the proceedings.
The Sandiganbayan denied the Motion to Quash for lack of merit
because the preliminary investigation was actually resolved 1 year and
4 months from the filing of the original complaint. As these issuances
had to undergo careful review and revision through the various levels
of the said office, the period of delay i.e., from March 27, 2003 to May
21, 2009, or roughly over six (6) years cannot be deemed as
inordinate and as such, Coscolluela, et. al.s constitutional right to
speedy disposition of cases was not violated.
Coscolluela, et. al. filed a MR, arguing that the two time periods should
not be considerated as distinct and separate, and thus the eight year
delay was prejudicial to their right to speedy disposition of cases. This
was denied, hence this petition to the Supreme Court.
109
Jurisprudence dictates that the right is deemed violated only when the
proceedings are attended by vexatious, capricious, and oppressive
delays; or when unjustified postponements of the trial are asked for
and secured; or even without cause or justifiable motive, a long period
of time is allowed to elapse without the party having his case tried.
Hence, in the determination of whether the defendant has been denied
his right to a speedy disposition of a case, the following factors may be
considered and balanced: (1) the length of delay; (2) the reasons for
the delay; (3) the assertion or failure to assert such right by the
accused; and (4) the prejudice caused by the delay.
Here, it is clear that Coscolluela, et. al.s rights were violated.
First, it is observed that the preliminary investigation proceedings took
a protracted amount of time to complete. Under the Rules of Procedure
of the Office of the Ombudsman, the conduct of preliminary
investigation is only terminated once Ombudsman approves the
recommendation of filing the Information or dismissing it. Here, the
investigated was only terminated on May 21, 2009 when Ombudsman
Casimiro approved the filing of the Information.
Second, the delay in the Ombudsmans resolution of the case remains
unjustified. The Office of the Ombudsman has the inherent duty not
only to carefully go through the particulars of case but also to resolve
the same within the proper length of time. Its dutiful performance
should not only be gauged by the quality of the assessment but also by
the reasonable promptness of its dispensation. There was
extraordinary complication (e.g. difficult case, etc), which could justify
why there was an eight year delay in the preliminary investigation
proceedings.
Third, the Court deems that Coscolluela, et. al. cannot be faulted for
their alleged failure to assert their right to speedy disposition of cases.
Coscolluela, et. al. were unaware that the investigation against them
was still on-going. Again, they were only informed that there was
actually a case when they were notified of the Information filed before
the Sandiganbayan. Peculiar to this case, Coscolluela, et. al. were only
asked to comment and not file counter-affidavits, which is the proper
procedure to follow in a preliminary investigation. They had no reason
to believe that the case was still pending before the Ombudsman.
It was the Office of the Ombudsmans responsibility to expedite the
same within the bounds of reasonable timeliness in view of its mandate
to promptly act on all complaints lodged before it. Coscolluela, et. al.
had no obligation to follow up on the prosecution of their case
Fourth, the Court finally recognizes the prejudice caused to Coscolluela,
et. al. by the lengthy delay in the proceedings against them.
Lest it be misunderstood, the right to speedy disposition of cases is not
merely hinged towards the objective of spurring dispatch in the
administration of justice but also to prevent the oppression of the
citizen by holding a criminal prosecution suspended over him for an
indefinite time. Akin to the right to speedy trial, its "salutary objective"
is to assure that an innocent person may be free from the anxiety and
expense of litigation or, if otherwise, of having his guilt determined
within the shortest possible time compatible with the presentation and
consideration of whatsoever legitimate defense he may interpose.
It is the government that bears the burden of proving its case beyond
reasonable doubt. The passage of time may make it difficult or
impossible for the government to carry its burden. Closely related to
the length of delay is the reason or justification of the State for such
delay. Different weights should be assigned to different reasons or
justifications invoked by the State.
Because of the long delay in the resolution of the cases, the
Sandiganbayan committed grave abuse of discretion when it refused to
quash the Information.
The acquittal of Coscolluela, et. al. does not mean that they are
not civilly liable.
While Coscolluela, et. al. are acquitted, it does not necessarily follow
that they are entirely exculpated from any civil liability, assuming that
the same is proven in a subsequent case which the Province may opt
to pursue.
Under Rule 111, Sec. 2 of the Rules, the acquittal in the criminal case
will bar a subsequent civil action only when the judgment explicitly
declares that the act or omission from which the civil liability may arise
did not exist.
Here, the dismissal was due to the violation of Coscolluela, et. al.s
right to speedy disposition of cases. No party was given the chance to
present evidence. Thus, the Court is unable to make a definite
pronouncement as to whether Coscolluela, et. al indeed
committed the acts or omissions from which any civil liability
on their part might arise as prescribed under Section 2, Rule
120.
110
E.PREJUDICIAL QUESTION
1.
1.
2.
FACTS:
-Dreamworks filed a criminal information for violation of BP 22 against
private respondent Janiola with the MTC on February 2, 2005
-On September 20, 2006, private respondent Janiola, joined by her
husband, instituted a civil complaint against petitioner Dreamworks by
filing a Complaint dated August 2006 for the rescission of an alleged
construction agreement between the parties, as well as for damages
-Janiola filed a Motion to Suspend Proceedings dated July 24, 2007 in
Criminal Case Nos. 55554-61, alleging that the civil and criminal cases
involved facts and issues similar or intimately related such that in the
resolution of the issues in the civil case, the guilt or innocence of the
accused would necessarily be determined.
-Dreemworks opposed the suspension of the proceedings in the criminal
cases in an undated Comment/Opposition to Accuseds Motion to Suspend
Proceedings based on Prejudicial Question on the grounds that: (1) there is
no prejudicial question in this case as the rescission of the contract upon
which the bouncing checks were issued is a separate and distinct issue
from the issue of whether private respondent violated BP 22; and (2)
Section 7, Rule 111 of the Rules of Court states that one of the elements of
a prejudicial question is that the previously instituted civil action
involves an issue similar or intimately related to the issue raised in the
111
112
that the civil case was filed after the filing of the criminal case. Thus, the
requirement in Sec. 7, Rule 111 was not met.
Assuming arguendo that the civil case for annulment was filed before the
criminal case of parricide, the petition would still fail. A prejudicial question
when a civil action and a criminal action are both pending, and there exists
in the civil action an issue which must be preemptively resolved before the
criminal action may proceed because howsoever the issue raised in the
civil action is resolved would be determinative of the guilt or innocence of
the accused in the criminal case.
In parricide, the key element is the relationship between the offender and
the victim, punishing any person who shall kill his father, mother, or child,
whether legitimate or illegitimate, or any of his ascendants or descendants,
or his spouse. However, the issue in the annulment of marriage is not
similar or intimately related to the parricide case.
The issue in the civil
case for annulment of marriage is whether petitioner is psychologically
incapacitated to comply with the essential marital obligations. The issue in
parricide is whether the accused killed the victim. In this case, since
Joselito was charged with frustrated parricide, the issue is whether he
performed all the acts of execution which would have killed respondent as
a consequence but which, nevertheless, did not produce it by reason of
causes independent of petitioners will.
At the time of the commission of the alleged crime, petitioner and
respondent were married. The subsequent dissolution of their marriage, in
case the petition in Civil Case No. 04-7392 is granted, will have no effect
on the alleged crime that was committed at the time of the subsistence of
the marriage. In short, even if the marriage between petitioner and
respondent is annulled, petitioner could still be held criminally liable since
at the time of the commission of the alleged crime, he was still married to
respondent.
3.
V.
PEREZ,
G.R.
NO.192253,
ER: San Miguel Properties and BF Homes entered into contracts of sale
while the latter was under receivership and represented by Atty. Orendain.
BF Homes sold 130 residential lots to San Miguel, which sales were
embodied in 3 transactions. All the TCTs covered by the first 2 transactions
were duly delivered to San Miguel, but the TCTs falling under the 3 rd
transaction were withheld by BF Homes because Atty. Orendain allegedly
was no longer its receiver at the time of such transaction. For failure to
deliver the TCTs despite repeated demands, San Miguel filed complaintaffidavit with the Las Pias City Prosecutor for violation of PD 957. At the
same time, San Miguel filed an action for specific performance with the
HLURB. The Prosecutor dismissed the complaint because there existed a
prejudicial question, requiring the suspension of the criminal action until
the issue of BF Homes liability is first determined by the HLURB. San
Miguel brought the issue first to the DOJ and later to the CA, which all
affirmed the Prosecutor, leading to San Miguel filing the case with the SC.
Meanwhile, while the HLURB was inclined to dismiss the specific
113
performance case before it, the Office of the President ordered it to rule
thereon. Can the HLURB case an administrative case be a
prejudicial question to the PD 957 case a criminal case? Yes. The
essential elements of a prejudicial question are provided in Section 7, Rule
111 of the Rules: (a) the previously instituted civil action involves an issue
similar or intimately related to the issue raised in the subsequent criminal
action, and (b) the resolution of such issue determines whether or not the
criminal action may proceed. True, the concept of a prejudicial question
involves a civil action and a criminal case. But contrary to San Miguels
submission that there could be no prejudicial question to speak of because
no civil action where the prejudicial question arose was pending, the action
for specific performance in the HLURB raises a prejudicial question that
sufficed to suspend the proceedings determining the charge for the
criminal violation of Sec. 25 of PD 957. [IMPORTANT] This is true simply
because the action for specific performance was an action civil in nature
but could not be instituted elsewhere except in the HLURB, whose
jurisdiction over the action was exclusive and original.
Facts: Petitioner San Miguel Properties Inc. (San Miguel) purchased from
B.F. Homes, Inc. (BF Homes), then represented by Atty. Florencio B.
Orendain (Orendain) as its duly authorized rehabilitation receiver, 130
residential lots situated in BF Homes Paraaque for about 106M. The
transactions were embodied in 3 separate deeds of sale. The TCTs covering
the lots bought under the 1 st and 2nd deeds were fully delivered to San
Miguel Properties, but the TCTs purchased under the 3 rd deed of sale were
not delivered to San Miguel.
- San Miguel appealed the resolutions of the OCP Las Pias to the DOJ, but
the DOJ Secretary denied the appeal, agreeing with the OCP Las Pias
because there is still pending complaint for specific performance where the
HLURB is called upon to inquire into, and rule on, the validity of the sales
transactions involving the lots in question and entered into by Atty.
Orendain for and in behalf of BF Homes.
- The OCP Las Pias rendered its Resolution, dismissing San Miguels
criminal complaint for violation of PD 957 on the ground (a) that no action
could be filed by or against a receiver without leave from the SEC that had
appointed him; (b) that the implementation of the provisions of PD 957
exclusively pertained under the jurisdiction of the HLURB; (c) that there
existed a prejudicial question necessitating the suspension of the
criminal action until after the issue on the liability of the
distressed BF Homes was first determined by the SEC en banc or
by the HLURB; and (d) that no prior resort to administrative jurisdiction
had been made; (e) that there appeared to be no probable cause to indict
respondents for not being the actual signatories in the three deeds of sale.
114
and issues raised in the pleadings in the specific performance case were so
related with the issues raised in the criminal complaint for the violation of
PD 957, such that the resolution of the issues in the former would be
determinative of the question of guilt in the criminal case. An examination
of the nature of the two cases involved is thus necessary.
- An action for specific performance is the remedy to demand the
exact performance of a contract in the specific form in which it was
made, or according to the precise terms agreed upon by a party
bound to fulfill it. Evidently, before the remedy of specific
performance is availed of, there must first be a breach of the
contract. The remedy has its roots in Article 1191 of the Civil Code.
- Accordingly, the injured party may choose between specific
performance or rescission with damages. As presently worded,
Article 1191 speaks of the remedy of rescission in reciprocal
obligations within the context of Article 1124 of the former Civil
Code which used the term resolution. The remedy of resolution
applied only to reciprocal obligations, such that a partys breach of
the contract equated to a tacit resolutory condition that entitled
the injured party to rescission. The present article, as in the former
one, contemplates alternative remedies for the injured party who is
granted the option to pursue, as principal actions, either the
rescission or the specific performance of the obligation, with
payment of damages in either case.
- On the other hand, PD 957 is a law that regulates the sale of
subdivision lots and condominiums in view of the increasing
number of incidents wherein "real estate subdivision owners,
developers, operators, and/or sellers have reneged on their
representations and obligations to provide and maintain properly"
the basic requirements and amenities, as well as of reports of
alarming magnitude of swindling and fraudulent manipulations
perpetrated by unscrupulous subdivision and condominium sellers
and operators, such as failure to deliver titles to the buyers or titles
free from liens and encumbrances.
- PD 957 authorizes the suspension and revocation of the
registration and license of the real estate subdivision owners,
developers, operators, and/or sellers in certain instances, as well
as provides the procedure to be observed in such instances; it
prescribes administrative fines and other penalties in case of
violation of, or non-compliance with its provisions.
- Conformably with the foregoing, the action for specific
performance in the HLURB would determine whether or not San
Miguel Properties was legally entitled to demand the delivery of the
remaining TCTs, while the criminal action would decide whether or
not BF Homes directors and officers were criminally liable for
withholding the TCTs. The resolution of the former must obviously
precede that of the latter, for should the HLURB hold San Miguel
Properties to be not entitled to the delivery of the TCTs because
Atty. Orendain did not have the authority to represent BF Homes in
The judge issued a warrant of arrest with no bail after the appeal of
the finding of the Fiscal with the DOJ was denied, MR also denied.
Thereafter, the accused filed a Motion for Reinvestigation to Lift the
Issuance of Warrant of Arrest. However, the Bank nor tits counsel
was furnished a copy of the motion and there was also no hearing
on the motion.
Neither the bank now counsel was notified of the Motion and
neither was there a hearing. (At this point, hes just asking for it).
The motion to Dismiss was granted and the accused were released.
PA RT I I I
1.
115
We dont even need to talk about the lack of notice and hearing. Sobrang
lala lang nun. Elementary due process mandates that the other party be
notified of the adverse action of the opposing party
2.
116
The Provincial Prosecutor filed two Informations (1) for Murder with
the Use of Unlicensed Firearms, and (2) Attempted Murder with the
Use of Unlicensed Firearms against Serag and Napao and seven
unidentified persons.2
Norberto Salamat III and Ma. Daisy Sibya, the widow of the
deceased, filed before the Office of the Provincial Prosecutor a
Supplemental Complaint for murder, frustrated murder and
violation of Presidential Decree No. 1866.
117
The fact of the matter is that during the hearing of June 6, 2002,
the Prosecutors moved for the deferment of the consideration of
the Provincial Prosecutors motion for the withdrawal of the Second
Amended Information for homicide because, in the meantime, the
private complainant had filed a motion for the reconsideration of
the Justice Secretarys Resolution. The latter cannot be stripped of
his authority to act on and resolve the motion of the private
complainant on the Prosecutors insistence that the accused be
arraigned on June 6, 2002.
EMERGENCY DIGEST
118
2.
That the court had no jurisdiction over the offense charged; - (a)
the letter transmitted by BSP to DOJ constituted the
complaint and hence was defective for failure to comply
with the mandatory requirements of Sec. 3(a), Rule 112
(statement of address of petitioner and oath and
subscription); (b) the OSI officers were not authorized by the BSP
Gov. and Monetary Board to file the complaint.
That the facts charged do not constitute an offense. Estafa under
par. 1(b) of Art. 315 of the RPC is incompatible with the violation of
DOSRI law. If he acquired the loan as DOSRI, he owned the loaned
money and therefore, cannot misappropriate or convert it as in
estafa.
119
Anent the contention that there was no authority from the BSP
Governor or the Monetary Board to file a criminal case against Soriano, we
held that the requirements of Sec. 18, par. (c) and (d) of RA 7653 did not
apply because the BSP did not institute the complaint but merely
transmitted the affidavits of the complainants to the DOJ. Since the
offenses for which Soriano was charged were public crimes, it can be
initiated by any competent person with personal knowledge of the acts
committed by the offender.
Thus, the witnesses who executed the
affidavits clearly fell within the purview of any competent person who
may institute the complaint for a public crime.
OTHER DOCTRINES:
1. The informations filed against Soriano do not negate each other. A loan
transaction under the DOSRI law (violation of Sec. 83 of RA 337) could be
the subject of Estafa under Art. 315 (1) (b) of the RPC.
SAMUEL LEE V. KBC BANK, G.R. NO. 164673, JANUARY 15, 2011
BASCARA
Samuel Lee v. KBC Bank, G.R. No. 164673, January 15, 2011
Quick Facts: Midas Corporation obtained two loans from KBC Bank. Both
were covered by a promissory notes and deeds of assignment which
transferred to KBC all of Midas rights to purchase orders issued by Otto
Versand, a German company. When Midas defaulted in paying the loans,
Otto Versand (via facsimile) disclaimed the purchase orders and said that it
never issued such orders. Lee and Lim were charged of Estafa. The State
Prosecutor found probable cause and so two informations for estafa were
filed against Lee and Lim. Lee and Lim filed a petition for review with the
DOJ challenging the State Prosecutors resolution saying that the findings
were only based on the facsimile message received from Otto Versand,
which constituted hearsay evidence. A motion to withdraw the cases for
Estafa was filed. This was initially granted but was subsequently set aside
by the CA.
Issue: Whether or not the admissibility of the facsimile message is a matter
best ventilated in a full blown trial and not in a preliminary investigation
YES
Ratio: Whether the facsimile message is admissible in evidence and
whether the element of deceit in the crime of estafa is present are matters
best ventilated in a full-blown trial, not in the preliminary
investigation. In Andres v. Justice Secretary Cuevas, the Court held that: [A
preliminary investigation] is not the occasion for the full and exhaustive
display of [the prosecutions] evidence. The presence or absence of
the elements of the crime is evidentiary in nature and is a matter
of defense that may be passed upon after a full-blown trial on the
merits. In fine, the validity and merits of a partys defense or accusation,
as well as the admissibility of testimonies and evidence, are better
ventilated during trial proper than at the preliminary investigation
level.
Facts
120
KBC Bank filed with the Court a petition for review on certiorari
under Rule 45 of the Rules of Court.
In a Resolution, the Court referred the petition to the Court of
Appeals pursuant to Section 6, Rule 56 of the Rules of Court
In its Decision, the Court of Appeals set aside Judge Dumayas
Order. It held that the trial judge practically concurred with the
findings of the Secretary of Justice, contrary to the well-reasoned
findings of the investigating prosecutor and emphasized that a
preliminary investigation is not the occasion for the full and
exhaustive display of the parties evidence but for the presentation
of such evidence only as may engender a well-grounded belief that
an offense has been committed and that the accused is probably
guilty thereof.
Bonus
121
Once a case is filed with the court, any disposition of it rests on the
sound discretion of the court. The trial court is not bound to adopt
the resolution of the Secretary of Justice, since it is mandated to
independently evaluate or assess the merits of the case. Reliance
on the resolution of the Secretary of Justice alone would be an
abdication of its duty and jurisdiction to determine a prima
facie case. The trial court may make an independent assessment
of the merits of the case based on the affidavits and counteraffidavits, documents, or evidence appended to the Information;
the records of the public prosecutor, which the court may order the
latter to produce before the court; or any evidence already
adduced before the court by the accused at the time the motion is
filed by the public prosecutor.
In the present case, Judge Dumayas did not positively state that
the evidence against Lee and Lim is insufficient (2) include a
discussion of the merits of the case (3) assess whether Secretary
Perezs conclution is supported by evidence (4) look at the basis of
Secretary Perezs recommendation (5) embody his assessment in
the order and (6) state his reasons for granting the motion to
withdraw in the informations.
Judge Dumayas failure to make his own evaluation of the merits of the
case violates KBC Banks right to due process and constitutes grave abuse
of discretion. Judge Dumayas order granting the motion to withdraw the
information is void.
5.
Okabe v. Gutierrez
DOCTRINE - In determining the existence or non-existence of probable
cause for the arrest of the accused, the judge should not rely solely on the
report of the investigating prosecutor.
The judge must have sufficient supporting documents (such as the
complaint, affidavits, counter-affidavits, sworn statements of
witnesses or transcripts of stenographic notes, if any) upon which
to make his independent judgment or upon which to verify the
findings of the prosecutor.
ER
Cecilia Maruyama executed an affidavit-complaint and filed the same with
the Office of the City Prosecutor of Pasay. It charged Lorna Tanghal and
122
123
124
1.
125
that he was the investigator of these cases and in connection with the investigation
conducted by him, he received the evidence, namely: the Joint Affidavit of Apprehension
executed by PO2 Noel Magcalayo and PO2 Cesar Collado marked as Exhibit "E" and "E-1"; that
likewise prepared the request for examination marked as Exhibit "A" and submitted the
specimen to the Crime Laboratory and received the Chemistry Report marked as Exhibit "C";
that he received the Pre-Operation Report marked as Exhibit "E" as well as the buy bust money
marked as Exhibits "F" and "F-1", that he prepared the letter request to the City Prosecutor
Office marked as Exhibit "G"; and that Exhibit "A" contains superimposition of the date thereof."
(Order dated September 14, 2004).
126
problem he had to attend to. He likewise said that he did not know
his arresting officers, whom he saw then for the first time, and that
he was not familiar with RA 9165.
RTC convicted the appellant. Ruling of the Trial Court. CA affirmed
the judgment of the trial court. Appellant filed a timely notice of
appeal of the decision of the CA.
HELD: CAs Decision finding appellant Rodante De Leon y Dela Rosa guilty
of the crimes charged is AFFIRMED.
1) Whether the lower court was able to prove his guilt beyond
reasonable doubt
127
accused."
In the instant case, there was substantial compliance with the law.
The chain of custody of the drugs subject matter of the case was
shown not to have been broken. It was proven that PO2 Magcalayo
seized and confiscated the dangerous drugs, as well as the marked
money, appellant was immediately arrested and brought to the
police station for investigation, where the sachet of suspected
shabu was marked with "NM." Immediately thereafter, the
confiscated substance, with a letter of request for examination,
was submitted to the PNP Crime Laboratory for examination to
determine the presence of any dangerous drug. The examination
was conducted by one Engr. Jabonillo 25 whose stipulated testimony
clearly established the chain of custody of the specimens he
received. Thus, it is without a doubt that there was an unbroken
chain of custody.
the prosecution was able to prove that appellant is guilty of illegal
possession of dangerous drugs with moral certainty. In the
prosecution for illegal possession of dangerous drugs, the following
elements must be proved with moral certainty:
(1) that the accused is in possession of the object identified
as a prohibited or regulatory drug
(2) that such possession is not authorized by law
(3) that the accused freely and consciously possessed the
said drug
o Here, appellant was caught in actual possession of the
prohibited drugs without showing any proof that he was
duly authorized by law to possess them. Having been
caught in flagrante delicto, there is prima facie evidence of
animus possidendi on appellants part. As held by this
Court, the finding of a dangerous drug in the house or
within the premises of the house of the accused is prima
facie evidence of knowledge or animus possidendi and is
enough to convict in the absence of a satisfactory
explanation.
that he is a Forensic Chemist of the PNP, that his Office received the request for laboratory
examination marked as Annex "A"; that together with the said request was a plastic sachet
marked as Exh. "B" which contained 2 plastic sachets marked as Exhibits "B-1" and "B-2"; that
he conducted the requested laboratory examination and, in connection therewith he submitted a
Chemistry Report marked as Exhibit "C", the finding thereon showing the specimen positive for
Methylamphetamine Hydrochloride(SHABU) was marked as Exhibit "C-1" and the signature of
said police officer was marked as Exhibit "C-2"; that he then issued a Certification marked as
Exhibits "D" and "D-1" and thereafter turned over the specimen to the evidence custodian x x x.
(Order dated September 14, 2004).
128
In the case at bar, the evidence clearly shows that the buy-bust
operation conducted by the police officers, who made use of
entrapment to capture appellant in the act of selling a dangerous
drug, was valid and legal. Moreover, the defense has failed to show
any evidence of ill motive on the part of the police officers. Even
appellant himself declared that it was the first time he met the
police officers during his cross-examination. There was, therefore,
no motive for the police officers to frame up appellant.
SPO2 De Dios et. Al as the source of their shabu. Caught in the act, the two
were arrested. They did not disclose their source of shabu, but they
admitted working for Lawrence Wangs modeling agency. They also
disclosed that they knew of a scheduled delivery of shabu early the
following morning, and that their employer (Wang) could be found at the
Maria Orosa Apartment in Malate, Manila. The police operatives decided to
look for Wang to shed light on the illegal drug activities of Frank and Junio.
Under surveillance, Wang came out of the apartment and walked
towards a parked BMW car. On nearing the car, police officers approached
Wang, introduced themselves, asked his name and, upon hearing that he
was Lawrence Wang, immediately frisked him and asked him to open the
back compartment of the BMW car. When frisked, they found an unlicensed
pistol. At the same time, in his car were bags of shabu, P650,000.00 cash,
electronic and mechanical scales and an unlicensed handgun.
3 informations were filed against Wang(Violation of Dangerous
Drugs Act, Illegal Possession of Firearms and Violation of COMELEC Gun
Ban). Wang filed a Demurrer to Evidence, praying for his acquittal and the
dismissal of the three cases against him for lack of a valid arrest and
search warrants and the inadmissibility of the prosecutions evidence
against him. RTC Judge Laguio granted the demurrer.
2.
Held:
EMERGENCY DIGEST:
Facts: Police operatives sent an entrapment to catch Redentor Teck (alias
Frank) and Joseph Junio selling drugs. They were previously identified by
Issue: Whether there was lawful arrest, search and seizure by the police
operatives in this case despite the absence of a warrant of arrest and/or a
search warrant.
129
130
2) Whether there was lawful arrest, search and seizure by the police
operatives in this case despite the absence of a warrant of arrest and/or a
search warrant. (RELEVANT)
131
3.
132
Doctrine: For the exception in Section 5(a), Rule 113 to operate, this Court
has ruled that two (2) elements must be present: (1) the person to be
arrested must execute an overt act indicating that he has just committed,
is actually committing, or is attempting to commit a crime; and (2) such
overt act is done in the presence or within the view of the arresting officer.
ER: Bautista and 2 other barangay tanods were patrolling along the
National Highway in La Union when Valdez alighted from a mini-bus. The
tanods observed that Valdez was looking around after getting off the bus
so they approached him. Valdez was arrested and brought to the barangay
captains house wherein his bag was opened and marijuana leaves were
found therein.
Were the warrantless arrest and subsequent search valid? NO. (Therefore,
the marijuana leaves were inadmissible against Valdez. Invalid warrantless
arrest -> invalid warrantless search and seizure -> inadmissible in
evidence)
Section 5, Rule 113 of the Rules on Criminal Procedure provides the only
occasions on which a person may be arrested without a warrant, to wit:
Section 5. Arrest without warrant; when lawful.A peace officer or a
private person may, without a warrant, arrest a person:
(a)
When, in his presence, the person to be arrested has committed, is
actually committing, or is attempting to commit an offense;
(b)
When an offense has just been committed and he has probable
cause to believe based on personal knowledge of facts or circumstances
that the person to be arrested has committed it; and
(c)
When the person to be arrested is a prisoner who has escaped from a
penal establishment or place where he is serving final judgment or
temporarily confined while his case is pending, or has escaped while being
transferred from one confinement to another.
Valdez was not committing an offense at the time he alighted from the bus,
nor did he appear to be then committing an offense. The tanod did not
have probable cause either to justify petitioners warrantless arrest.
For the exception in Section 5(a), Rule 113 to operate, this Court has ruled
that two (2) elements must be present: (1) the person to be arrested must
execute an overt act indicating that he has just committed, is actually
committing, or is attempting to commit a crime; and (2) such overt act is
done in the presence or within the view of the arresting officer.
Complete Digest:
Facts: Bautista testified that while he and 2 other tanods were patroling
along the National Highway in Aringay, La Union, they noticed petitioner
Valdez, lugging a bag, alight from a mini-bus. The tanods observed that
petitioner, who appeared suspicious to them, seemed to be looking for
something. They thus approached him but the latter purportedly
attempted to run away. They chased him, put him under arrest and
thereafter brought him to the house of Barangay Captain Orencio Mercado
133
(b)
When an offense has just been committed and he has
probable cause to believe based on personal knowledge of facts or
circumstances that the person to be arrested has committed it;
and
(c)
When the person to be arrested is a prisoner who has
escaped from a penal establishment or place where he is serving
final judgment or temporarily confined while his case is pending,
or has escaped while being transferred from one confinement to
another.
It is obvious that based on the testimonies of the arresting barangay tanod,
not one of these circumstances was obtaining at the time petitioner was
arrested. By their own admission, petitioner was not committing an
offense at the time he alighted from the bus, nor did he appear to
be then committing an offense. The tanod did not have probable
cause either to justify petitioners warrantless arrest.
For the exception in Section 5(a), Rule 113 to operate, this Court
has ruled that two (2) elements must be present: (1) the person to
be arrested must execute an overt act indicating that he has just
committed, is actually committing, or is attempting to commit a
crime; and (2) such overt act is done in the presence or within the
view of the arresting officer. Here, petitioners act of looking around
after getting off the bus was but natural as he was finding his way to his
destination. That he purportedly attempted to run away as
the tanod approached him is irrelevant and cannot by itself be construed
as adequate to charge the tanodwith personal knowledge that petitioner
had just engaged in, was actually engaging in or was attempting to engage
in criminal activity. More importantly, petitioner testified that he did not run
away but in fact spoke with the barangay tanod when they approached
him.
4.
134
at that time, positively identified Go as the gunman. That same day, the
police promptly filed a complaint for frustrated homicide against Go with
the Office of the Provincial Prosecutor of Rizal. First Assistant Provincial
Prosecutor Dennis Villa Ignacio ("Prosecutor") informed Go, in the presence
of his lawyers that he could avail himself of his right to preliminary
investigation but that he must first sign a waiver of the provisions of Article
125 of the Revised Penal Code. Go refused to execute any such waiver.
On 9 July 1991, while the complaint was still with the Prosecutor,
and before an information could be filed in court, the victim, Eldon Maguan,
died of his gunshot wound(s). Accordingly, on 11 July 1991, the Prosecutor,
instead of filing an information for frustrated homicide, filed an information
for murder before the Regional Trial Court. No bail was recommended. At
the bottom of the information, the Prosecutor certified that no preliminary
investigation had been conducted because the accused did not execute
and sign a waiver of the provisions of Article 125 of the Revised Penal
Code. In the afternoon of 11 July 1991, Go's counsel filed with the
prosecutor an omnibus motion for immediate release and proper
preliminary investigation, alleging that the warrantless arrest of Go was
unlawful and that no preliminary investigation had been conducted before
the information was filed.
Issue: W/N Go was arrested legally without warrant for the killing of
Maguan, and is thus not entitled to be released pending the conduct of a
preliminary investigation.
Held: No, there was no valid warrantless arrest.
Go's warrantless "arrest" or detention does not fall within the terms of
Section 5 of Rule 113 of the Rules ofCourt which provides that
"A peace officer or a private person may, without a warrant, arrest a
person:
(a) When, in his presence, the person to be created has committed,
is actually committing, or is attempting to commit an offense;
(b) When an offense has in fact just been committed, and he has
personal knowledge of facts indicating that the person to be arrested has
committed it; and
(c) When the person to be arrested is a prisoner who has escaped
from a penal establishment or place where he is serving final judgment or
temporarily confined while his case is pending or has escaped while being
transferred from one confinement to another.
In cases falling under paragraphs (a) and (b) hereof, the person
arrested without a warrant shall be forthwith delivered to the nearest
police station or jail, and he shall be proceeded against in accordance with
Rule 112, Section 7."
Go's "arrest" took place 6 days after the shooting of
Maguan. The "arresting" officers obviously were not present,
within the meaning of Section 5(a), at the time Go had allegedly
shot Maguan. Neither could the "arrest" effected 6 days after the
shooting be reasonably regarded as effected "when [the shooting
135