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4. GALMAN v.

SANDIGANBAYAN
Where the prosecution is deprived of a fair opportunity to prosecute and prove its case, its right
to due process is thereby violated.
Facts: Petitioners Galman, mother and son, respectively, of the late Rolando Galman, and
twenty-nine (29) other petitioners, filed the present action alleging that respondents Tanodbayan
and Sandiganbayan committed serious irregularities constituting mistrial and resulting in
miscarriage of justice and gross violation of the constitutional rights of the petitioners and the
sovereign people of the Philippines to due process of law. They asserted that the Tanodbayan did
not represent the interest of the people when he failed to exert genuine and earnest efforts to
present vital and important testimonial and documentary evidence for the prosecution and that
the Sandiganbayan Justices were biased, prejudiced and partial in favor of the accused, and that
their acts "clouded with the gravest doubts the sincerity of government to find out the truth about
the Aquino assassination."
Issue: Whether there was violation of due process in this case.
Ruling:YES. Where the prosecution is deprived of a fair opportunity to prosecute and prove its
case, its right to due process is thereby violated. The cardinal precept is that where there is a
violation of basic constitutional rights, courts are ousted of their jurisdiction. Thus, the violation
of the State's right to due process raises a serious jurisdictional issue which cannot be glossed
over or disregarded at will. Where the denial of the fundamental right of due process is apparent,
a decision rendered in disregard of that right is void for lack of jurisdiction. Any judgment or
decision rendered notwithstanding such violation may be regarded as a "lawless thing, which can
be treated as an outlaw and slain at sight, or ignored wherever it exhibits its head"
The Supreme Court cannot permit such a sham trial. They would have no reason to exist if they
were allowed to be used as mere tools of injustice, deception and duplicity to subvert and
suppress the truth, instead of repositories of judicial power whose judges are sworn and
committed to render impartial justice to all alike who seek the enforcement or protection of a
right or the prevention or redress of a wrong, without fear or favor and removed from the
pressures of politics and prejudice. The Court is constrained to declare the sham trial a mock trial
the non-trial of the century-and that the pre-determined judgment of acquittal was unlawful and
void ab initio.

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