Criminal Procedure

8-14-19

I. Preliminaries/Jurisdiction
a. Due Process
1. Alonte v. Savellano
Facts:
Bayani M. Alonte, incumbent Mayor of Biñan, Laguna, was accused of raping Juvie-Lyn
Punongbayan with accomplice Buenaventura Concepcion. It was alleged that Concepcion
befriended Juvie and had later lured her into Alonte’s house. The case was brought before the
Regional Trial Court of Biňan. The counsel and the prosecutor later moved for a change of venue
due to alleged intimidation. While the change of venue was pending, Juvie executed an affidavit of
desistance. The prosecutor continued on with the case and the change of venue was done
notwithstanding opposition from Alonte. The case was raffled to the Manila Regional Trial Court under
J Savellano. Savellano later found probable cause and had ordered the arrest of Alonte and
Concepcion. Thereafter, the prosecution presented Juvie and had attested the voluntariness of her
desistance the same being due to media pressure and that they would rather establish new life
elsewhere. Case was then submitted for decision and Savellano sentenced both accused to reclusion
perpetua. Savellano commented that Alonte waived his right to due process when he did not cross
examine Juvie when clarificatory questions were raised about the details of the rape and on the
voluntariness of her desistance.

ISSUE: Whether or not Alonte has been denied criminal due process.

HELD: The Supreme Court ruled that Savellano should inhibit himself from further deciding on the
case due to animosity between him and the parties. There is no showing that Alonte waived his right.
The standard of waiver requires that it “not only must be voluntary, but must be knowing, intelligent,
and done with sufficient awareness of the relevant circumstances and likely consequences.” Mere
silence of the holder of the right should not be so construed as a waiver of right, and the courts must
indulge every reasonable presumption against waiver. Savellano has not shown impartiality by
repeatedly not acting on numerous petitions filed by Alonte. The case is remanded to the lower court
for retrial and the decision earlier promulgated is nullified.