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. JURISDICTION OF THE PRESIDENT

As provided for in the foreword of Executive Order No. 19, S. 1966, it is already common
practice of aggrieved parties dissatisfied with the decisions of the different departments of the
executive branch of the government to appeal said decisions to the office of the president. Said
appeals to the office are taken against decisions of departments, offices and entities specifically
enumerated in said EO. The resolution of the DOJ, for example, is appealable administratively
before the Office of the President while the decision of the latter may be appealed before the
Court of Appeals. In general, any class of dispute may be brought which the president may
determine in the interest of justice or upon recommendation of the Secretary Of Justice.

This power of the president however is subject to several limitations. Under administrative law
for one: well settled is the rule that there is first a need to exhaust all available administrative
remedies before resorting to said appeal. Also, an appeal to the office of the president is not
mandatory if a special law already provides for another mode of appeal. Lastly, Memorandum
Circular No. 58, s. 1993, provides that no appeal from or petition for review of decisions, orders,
and resolutions of the Secretary of Justice on preliminary investigations of criminal cases shall
be entertained by the Office of the President. An exception would be those involving offenses
punishable by reclusion perpetua to death wherein new issues that are material are raised,
provided they were not previously presented before the Department of Justice and were not yet
ruled upon. In these cases the President may order the Secretary of Justice to reopen the case,
provided, that, the prescription of the offense is not due to lapse within six (6) months from
notice of the questioned resolution, order, or decision, and provided further, that, the appeal or
petition for review is filed within thirty (30) days from such notice. As such, if an appeal or
petition for review does not clearly fall within the jurisdiction of the Office of the President then
it shall be dismissed outright

2. DIFFERENCE BETWEEN APPEALING A RESOLUTION ON DISMISSING A

CRIMINAL CHARGE AND FILING A CRIMINAL CHARGE

APPEALING A RESOLUTION ON DISMISSING A CRIMINAL CHARGE

In the beginning of a criminal case, the parties include the complainant, the accused, and
the state. However, when a decision is reached, an appeal ordinarily involves only the accused as
appellants and the state, as represented by the Solicitor General as the appellee. In cases where
the office of the Solicitor General recommends the acquittal of the accused, the complainant is
not left without recourse. In the interest of justice and equity, the civil aspect of the case is not
left out and the complainant’s right to be heard on question of award of indemnity and damage
arises. Although the Rule allows for any party to appeal, the right of the People to do so is
expressly limited by the fact that such appeal should not place the accused in double jeopardy.
Certiorari is also available provided it contains concise statements of matters involved and clear
assignment of errors made in court as well as all the reasons relied on for the allowance of said
petition.

APPEALING A DISMISSAL OF A FILED CRIMINAL CHARGE

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As provided for by DOJ Circular No. 70 dated July 3, 2000, an aggrieved party may appeal by
filing a petition for review with the Secretary of Justice and by furnishing copies thereof to the
adverse party and the Prosecution Office issuing said resolution. This appeal must be taken
within fifteen (15) days from the receipt of the resolution or of the denial of the motion for
reinvestigation if one has been filed. The Secretary may

(1) Order for the Reinvestigation,

(2) Reverse, Modify or Affirm the Appealed resolution,

(3) Act on a Motion for Reconsideration,

(4) File the Information without conducting another Preliminary Investigation, or

(5) Dismiss the Information filed by the Prosecutor. Worth noting is that in this case, certiorari
should not be considered as proper remedy to annul result of preliminary investigations.

3. REMEDIES WHEN AN ACCUSED JUMPS BAIL

Under Rule 114, Section 21 if an accused jumps bail, the bond will be cancelled and the bonding
company will be given sufficient time to locate the whereabouts of the accused that posted bail
but later on jumps bail.

If the accused fails to appear in person as required, his bail shall be declared forfeited and THE
BONDSMEN WITHIN 30 DAYS from the failure of the accused to appear in person must:

-produce the body of their principal or give the reason for non- production

• explain why the accused did not appear before the court when required to do so

The 30-day period granted to the bondsmen to comply with the two requisites for the lifting of
the order of forfeiture cannot be shortened by the court but may be extended for good cause
shown. Failure to do such requirements will result in judgment rendered against the bondsmen
holding them jointly and severally, for the amount of the bail.

4. THE CONCEPT OF HOLD DEPARTURE ORDER AND WATCH LIST ORDER

Hold Departure Order

As stated in the Circular, a Hold Departure Order can be issued against (a) an accused in criminal
cases under the jurisdiction of the Regional Trial Courts and even (b) against aliens whose
presence is required either as respondents or as witnesses.

The Secretary of Justice may issue an HDO, under any of the following instances:
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1. Against the accused, irrespective of nationality, in criminal cases falling within the jurisdiction
of courts below the Regional Trial Courts (RTCs):

a) If the case against the accused is pending trial, the application under oath of an interested party
must be supported by (a) a certified true copy of the complaint or information; and (b) a
Certification from the Clerk of Court concerned that criminal case is still pending.

b) If the accused has jumped bail or has become a fugitive from justice, the application under
oath of an interested party must be supported by (a) a certified true copy of the complaint or
information; (b) a certified true copy of the warrant/order of arrest; and (c) a Certification from
the Clerk of Court concerned that the warrant/order of arrest was returned unserved by the peace
officer to whom the same was delivered for service.

2. Against the alien whose presence is required either as a defendant, respondent, or witness in a
civil or labor case pending litigation, or any case before a quasi-judicial or an administrative
agency of the government.

The application under oath of an interested party must be supported by (a) a certified true copy
of the subpoena or summons issued against the alien; and (b) a certified true copy complaint in
civil, labor or administrative case where the presence of the alien is required.”

3. The Secretary may likewise issue an HDO against any person, either on his own, or upon the
request by the Head of a Department of the Government, the head or a constitutional body or
commission, the Chief Justice of the Supreme Court for the Judiciary, the Senate President or the
House Speaker for the Legislature, when the adverse party is the Government or any of its
agencies or instrumentalities, or in the interest of national security, public safety or public
health.” (Section 1.)

Watchlist Order

Apart from the HDO, the Circular also covers the Watch List Order which is available for (a)
criminal cases pending before lower courts, or even for (b) cases still under preliminary
investigation. Again, it can be issued by the Secretary on his own or upon request.

The Secretary of Justice may issue a WLO, under any of the following instances:

1. Against the accused, irrespective of nationality, in criminal cases pending trial before the
Regional Trial Court or before courts below the Regional Trial Courts.

The application under oath of an interested party must be supported by (a) certified true copy of
the Information filed with the court; (b) a certified true copy of the Prosecutor's Resolution; and
(c) a Certification from the Clerk of Court concerned that criminal case is still pending.

2. Against the respondent, irrespective of nationality, in criminal cases pending preliminary

investigation, petition for review, or motion for reconsideration before the Department of Justice
any of its provincial or city prosecution offices.
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The application under oath of an interested party must be supported by (a) certified true copy of
the complaint filed; and (b) a Certification from the appropriate prosecution office concerned
that the case is pending preliminary investigation, petition for review, or motion for
reconsideration, as the case may be.

3. The Secretary of Justice may likewise issue a WLO against any person, either on his own, or
upon the request of any government agency, including commissions, task forces or similar
entities created by the Office of the President, pursuant to the "Anti-Trafficking in Persons Act
of 2003" (R.A. No. 9208) and/or in connection with any investigation being conducted by it, or
in the interest of national security, public safety or public health.. (Section 2)

Periods of Validity; Lifting and Cancellation

The HDO is valid for five (5) years from issuance while the WLO is good for sixty (60) days
(Section 4).

The HDO and WLO can be lifted or cancelled as follows:

1. When the validity period of the HDO has already expired;

2. When the accused subject of the HDO has been allowed to leave the country during the
pendency of the case, or has been acquitted of the charge, or the case in which the warrant/order
of arrest was issued has been dismissed or the warrant/order of arrest has been recalled;

3. When the civil or labor case or case before an administrative agency of the government
wherein the presence of the alien subject of the HDO/WLO has been dismissed by the court or
by appropriate government agency, or the alien has been discharged as a witness therein, or the
alien has been allowed to leave the country.

The WLO may be lifted or cancelled under any of the following grounds:

1. When the validity period of the WLO has already expired;

2. When the accused subject of the WLO has been allowed by the court to leave the country
during the pendency of the case, or has been acquitted of the charge;

3. When the preliminary investigation is terminated, or when the petition for review, or motion
for reconsideration has been denied and/or dismissed.

All applications for lifting/cancellation of HDOs/WLOs must be under oath and accompanied by
certified true copies of the documentary evidence in support of the ground relied upon.

Any HDO/WLO issued by the Secretary of Justice either on his own or upon request of
government functionaries/offices mentioned in Sections 1 and 2 of the Circular, when the
adverse party is the Government or any of its agencies or instrumentalities, or in the interest of
national security, public safety or public health, may be lifted or recalled anytime if the
application is favorably indorsed by the government functionaries/offices who requested the
issuance of the aforesaid HDO/WLO. (Section 5)
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5. REMEDIES IN THE WEBB AND GO CASES ON THE PROCEDURE TO SECURE

DEPOSITION OF THEIR WITNESSES

Sections 4 and 5 of Rule 119 of the Rules of Court which read:

SEC. 4. Application for examination of witness for accused before trial. -- When the
accused has been held to answer for an offense, he may, upon motion with notice to all
other parties, have witnesses conditionally examined in his behalf in the manner
hereinafter provided, but not otherwise. The motion shall state: (a) the name and
residence of the witness; (b) the substance of his testimony; and (c) that the witness is so
sick or infirm as to afford reasonable ground for believing that he will not be able to
attend the trial, or resides more than 100 kilometers from the place of trial and has no
means to attend the same, or that, apart from the foregoing, other similar circumstances
exist that would make him unavailable or prevent him from attending the trial. The
motion shall be supported by affidavit of the accused and such other evidence as the court
may require. (4a)

SEC. 5. Examination of defense witness; how made. -- If the court is satisfied that the
examination of witness for the accused is necessary, an order will be made directing that
the witness be examined at a specified time and place, and that a copy of the order be
served in the fiscal within a given time prior to that fixed for the examination. The
examination will be taken before any judge or if not practicable, any member of the Bar
in good standing so designated by the judge in the order, or, if the order be granted by a
court of superior jurisdiction, before an inferior court to be designated in the order. The
examination shall proceed notwithstanding the absence of the fiscal, if it appears that he
was duly notified of the hearing. A written record of the testimony shall be taken. (5a)

These Sections refer to the conditional examination of defense witnesses, which is one mode
of perpetuating testimony available to the accused (REGALADO F.D., REMEDIAL LAW
COMPENDIUM, vol. 2, 1995 ed., 428). This deposition, being to perpetuate testimony, may be
done before the commencement of the trial state, or anytime thereafter, as the need therefor
arises, but before the promulgation of judgment.
Then, too, there is Section 7 of Rule 24 of the Rules of Court, which reads:

SEC. 7. Depositions pending appeal. -- If an appeal has been taken from a judgment of a
court, including the Court of Appeals in proper cases, or before the taking of an appeal if
the time therefor has not expired, the court in which the judgment was rendered may
allow the taking of depositions of witnesses to perpetuate their testimony for use in the
event of further proceedings in the said court. In such case the party who desires to
perpetuate the testimony may make a motion in the said court for leave to take the
depositions, upon the same shall state (a) the names and addresses of the persons to be
examined and the substance of the testimony which he expects to elicit from each; and
(b) the reason for perpetuating their testimony. If the court finds that the perpetuation of
the testimony is proper to avoid a failure or delay of justice, it may make an order
allowing the depositions to be taken, and thereupon the depositions may be taken and
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used in the same manner and under the same conditions as are prescribed in the rules for
depositions taken pending actions.

This Section, which was formerly Section 7 of Rule 134, applies to criminal
cases. (REGALADO F.D., REMEDIAL LAW COMPENDIUM, vol. 1, 1997 ed.,
322). According to Justice Regalado the procedure in Section 7 is available in all actions,
including criminal cases.
Thus, the ruling in the case of Dasmarinas Garments, Inc. v. Court of Appeals, (225 SCRA
622, 634 [1993]), is applicable in the case at bar, to wit:

xxx. Depositions may be taken at any time after the institution of any action, whenever
necessary or convenient. There is no rule that limits deposition-taking only to the period
of pre-trial or before it; no prohibition against the taking of deposition after pre-
trial. Indeed, the law authorizes the taking of depositions of witnesses before or after an
appeal is taken from the judgment of a Regional Trial Court to perpetuate their testimony
for use in the event of further proceedings in the said court. (Rule 134, Rules of Court),
and even during the process of execution of a final and executory judgment (East Asiatic
Co. v. C.I.R., 40 SCRA 521, 5440).

The only corollary issue that has to be addressed is how to take the testimony of a defense
witness who is unable to come to testify in open court because he is a resident of a foreign
country. The Rule on Criminal Procedure is silent on this. The rule on the matter under Rules on
Civil Procedure may be applied suppletorily. Section 11 of Rule 23 of the 1997 Rules on Civil
Procedure is the appropriate provision. It reads:

SEC. 11. Persons before whom depositions may be taken in foreign countries. -- In a
foreign state or country, depositions may be taken (a) on notice before a secretary of
embassy or legation, consul general, consul, vice-consul, or consular agent of the
Republic of the Philippines; (b) before such person or officer as may be appointed by
commission or under rogatory; or (c) the person referred to in Section 14 hereof. (11a,
R24)

There are provisions of the Rule on Civil Procedure which have been made applicable in
criminal cases. For one, as earlier mentioned, Section 7 of Rule 24 is applicable in criminal
cases.
Also, an authority on criminal procedure asserts that in all matters not specifically touched
on by Section 6 and the preceding Sections of Rule 119, Rule 24, Rules of Court, ante, applies in
a suppletory character, since the taking of depositions under Rule 24 and conditional
examination of defense witnesses under Section 4 and 5, Rule 119, supra, are taken under the
same circumstances and for the same purpose; that is, the preservation of a material witness
testimony. (PAMARAN, THE 1985 RULES IN CRIMINAL PROCEDURE ANNOTATED,
1998 ed., 402).
Finally, Section 6 of Rule 1 of the 1997 Rule of Civil Procedure (formerly Sec. 2, Rule 1 of
the 1964 Rules of Court), expressly provides that the rules shall be liberally construed in order to
promote their objective of securing a just, speedy and inexpensive disposition of every action
and proceeding.
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A much stronger reason exists why deposition in criminal cases of a witness for the defense
who is residing abroad must be allowed . Involved in a criminal case is not just the status or the
property of the defendant, but the life or limb or the liberty of the accused. If, then, a deposition
is allowed for a witness in a civil case, then it is with more reason that it be allowed in a criminal
case; its denial would amount to a deprivation of due process and to the accused’s right to
compulsory process to secure the attendance of witnesses in his favor, which are guaranteed by
the Bill of Rights (Sections 1 and 14(2), Article III, Constitution).