Вы находитесь на странице: 1из 1

Miranda vs. Tuliao G.R. # 158763, March 31, 2006 Facts: On Mar.

1996, 2 burnt cadavers were discovered in Ramon, Isabela which were later identified as the bodies of Vicente Bauzon and Elizer Tuliao, son of the private respondent Virgilio Tulio who is now under the witness protection program. 2 informations for murder were filed against the 5 police officer including SPO2 Maderal in RTC of Santiago City. The venue was later transferred to Manila. RTC Manila convicted all the accused and sentenced them 2 counts of reclusion perpetua except SPO2 Maderal who was yet to be arraigned at that time, being at large. Upon automatic review, the SC acquitted the four accused on the ground of reasonable doubt. In Sept. 1999, Maderal was arrested. He executed a sworn confession and identified the herein petitioner Miranda and 4 others responsible for the death of the victims. Respondent Tuliao then filed a criminal complaint for murder against the petitioners. Acting Presiding Judge Tumalian issued warrant of arrest against the petitioners and SPO2 Maderal. Petitioners filed an urgent motion to complete preliminary investigation, to reinvestigate, and to recall or quash the warrant of arrest. In the hearing of the urgent motion, Judge Tumalian noted the absence of petitioners and issued a Joint order denying the said urgent motion on the ground that since the court did not acquire jurisdiction over their persons, the motion cannot be properly heard by the court. The petitioners appealed the resolution of the Public prosecutor to the DOJ. The new Presiding Judge named Judge Anghad took over the case and issued a Joint Order reversing the Joint Order of Judge Tumalian. He also ordered the cancellation of the warrant of arrest. Respondent Tulia filed a petition for certiorari, mandamus and prohibition with a prayer for TRO seeking to enjoin Judge Anghad from further proceeding of the case and seeking to nullify the Joint Orders of the said Judge. The SC issued a resolution granting the prayer. Notwithstanding the said resolution, Judge Anghad issued a Joint Order dismissing the information against the petition. Respondent Tuliao filed a motion to cite Judge Anghad in contempt. The SC referred the said motion to the CA. The CA rendered the assailed decision granting the petition and ordering the reinstatement of the criminal cases in the RTC of Santiago City as well as the issuance of warrant of arrest. Hence, this petition. Issue: Whether or not an accused cannot seek any judicial relief if he does not submit his person to the jurisdiction of the court Held: Petition is dismissed and cost against the petitioners. It has been held that an accused cannot seek judicial relief is he does not submit his person to the jurisdiction of the court. Jurisdiction over the accused can be acquired either through compulsory process, such as warrant of arrest or through his voluntary appearance, such as when he surrender to the police or to the court. It is only when the court has already acquired jurisdiction over his person that an accused may invoke the processes of the court. Since, petitioner were not arrested or otherwise deprived of their liberty, they cannot seek judicial relief.