Вы находитесь на странице: 1из 3

SANTIAGO v.

VASQUEZ FACTS:
January 27, 1993 | Regalado, J. | Duration, discharge (Preliminary Injunction)  On May 13, 1991, an information was filed against petitioner Miriam Defensor
Digester: Santos, Ihna Santiago (MDS) with the Sandiganbayan for alleged violation of Sec. 3(e), RA No.
3019, otherwise known as the Anti-Graft and Corrupt Practices Act. The next day,
SUMMARY: An information was filed against MDS with the Sandiganbayan for an order of arrest was issued in said case against MDS by Presiding Justice Francis
alleged violation of the Anti-Graft and Corrupt Practices Act. An order of arrest was Garchitorena of the Sandiganbayan, with bail for the release of the accused fixed at
issued against MDS by the Presiding Judge of the Sandiganbayan, with bail fixed at P15,000.
P15,000. MDS filed an Urgent Ex-parte Motion for Acceptance of Cash Bail Bond for  The same day, MDS filed an “Urgent Ex-parte Motion for Acceptance of Cash Bail
and in Behalf of Dr. MDS. MDS seeks leave of Court that she be considered as having Bond for and in Behalf of Dr. MDS.” It states in part that as a result of the
placed herself under the jurisdiction of the Court, and further seeks leave of Court that vehicular collision, she suffered extensive physical injuries which required surgical
the recommended bail bond of P15,000 that she is posting in cash be accepted. intervention, specifically in the jaw or gum area of the mouth, preventing her to
Sandiganbayan issued a resolution authorizing MDS to post a cash bond for her speak because of extreme pain.
provisional liberty. Subsequently, based on the manifestation before the Sandiganbayan  On the other hand, accused MDS seeks leave of Court that she be considered as
of Ombudsman Vasquez that MDS appeared in his office, the Sandiganbayan issued a having placed herself under the jurisdiction of the Court, for purposes of the
resolution which ordered MDS’ appearance before the deputy clerk of the First Division required trial and other proceedings and further seeks leave of Court that the
of said court. In a motion, MDS asked that her cash bond be cancelled and that she be recommended bail bond of P15,000 that she is posting in cash be accepted.
allowed provisional liberty upon recognizance. Likewise, she filed with the Court a  Also on the same day, the Sandiganbayan issued a resolution authorizing MDS to
petition for certiorari and prohibition with preliminary injunction and a subsequent post a cash bond for her provisional liberty without need for her physical
addendum thereto, seeking to enjoin the Sandiganbayan and the RTC of Manila from appearance.
proceeding with the 2 criminal cases (for violation of PD No. 46 and for libel).
 Respondent Ombudsman Conrado Vasquez filed with the Sandiganbayan a
Consequently, a TRO was issued the the Court. Court rendered a decision dismissing
manifestation that accused MDS appeared in his office in the Old NAWASA
the petition for certiorari and lifting and setting aside the TRO previously issued. The
Building. Acting on said manifestation, the Sandiganbayan issued a resolution
MR of MDS was eventually denied with finality in the Court’s resolution. Meanwhile, in
which ordered MDS’ appearance before the deputy clerk of the First Division of
a resolution, the Sandiganbayan issued a hold departure order against MDS, considering
said court.
the information in the media that MDS intends to leave the country. Considering that
MDS has not yet been arraigned, nor that she has not even posted bail, the Commission  In a motion, MDS asked that her cash bond be cancelled and that she be allowed
on Immigration and Deportation is ordered not to allow MDS’ departure unless provisional liberty upon recognizance. Likewise, she filed with the Court a petition
authorized by Court. for certiorari and prohibition with preliminary injunction and a subsequent
MDS argues that the Sandiganbayan acted without or in excess of jurisdiction and with addendum thereto, seeking to enjoin the Sandiganbayan and the RTC of Manila
grave abuse of discretion in issuing the hold departure order considering that it had not from proceeding with the 2 criminal cases (for violation of PD No. 46 and for
acquired jurisdiction over her person. SC held that Sandiganbayan acquired jurisdiction libel). Consequently, a TRO was issued by the Court, taking into consideration the
over the person of MDS (see issue #1) and that the issuance of the Sandiganbayan of fact that according to MDS, her arraignment was inexplicably advanced, hence the
the hold departure order was proper despite the pendency of MDS’ MR of the SC’s advisability of conserving and affording her the opportunity to avail herself of any
decision dismissing her petition (issue #2). remedial right to meet said contingency.
 Sandiganbayan issued an order deferring the arraignment of MDS and considering
DOCTRINE: Section 4, Rule 39 of the ROC provides that, unless otherwise ordered her motion to cancel her cash bond until further initiative from her through
by the court, a judgment in an action for injunction shall not be stayed after its rendition counsel.
and before an appeal is taken or during the pendency of an appeal. The rule is that the  Court rendered a decision dismissing the petition for certiorari and lifting and
execution of a judgment decreeing the dissolution of a writ of preliminary injunction setting aside the TRO previously issued. The MR of MDS was eventually denied
shall not be stayed before an appeal is taken or during the pendency of an appeal, and with finality in the Court’s resolution.
SC held that the same applies to a TRO. The rationale is that even in cases where an  Meanwhile, in a resolution, the Sandiganbayan issued a hold departure order against
appeal is taken from a judgment dismissing an action on the merits, the appeal does not MDS, considering the information in the media that MDS intends to leave the
suspend the judgment, hence the general rule applies that a temporary injunction country soon for an extended stay abroad for study purposes. Considering that
terminates automatically on the dismissal of the action. MDS has not yet been arraigned, nor that she has not even posted bail, the
Commission on Immigration and Deportation is ordered not to allow MDS’
departure unless authorized by Court.
 In the instant motion submitted for resolution, MDS argues that the Sandiganbayan  MDS claims that if the principle of judicial comity applies to prevent a court from
acted without or in excess of jurisdiction and with grave abuse of discretion in interfering with the proceedings undertaken by a coordinate court, with more
issuing the hold departure order considering that it had not acquired jurisdiction reason should it operate to prevent an inferior court, such as the Sandiganbayan,
over her person. from interfering with the instant case where a motion for reconsideration was still
pending before SC. She contends further that the hold departure order contravenes
RULING: Petition denied. the temporary restraining order previously issued by SC enjoining the
Sandiganbayan from proceeding with the criminal case pending before it.
Whether Sandiganbayan never acquired jurisdiction over the person of MDS –  The Court recalled that it rendered a decision in this case dismissing the petition for
NO. certiorari filed by MDS and lifting and setting aside the TRO it previously issued.
 MDS argues that Sandiganbayan had not acquired jurisdiction over her person  It is MDS’ submission that the filing of her motion for reconsideration stayed the
since she has neither been arrested nor has she voluntarily surrendered, aside from lifting of the TRO, hence Sandiganbayan continued to be enjoined from acting on
the fact that she has not validly posted bail since she never personally appeared and proceeding with the case during the pendency of the motion for
before said court. reconsideration.  Court rejects this contention which is bereft of merit.
 The Court rejected her argument for being factually and legally untenable.  Section 4, Rule 39 of the ROC provides that, unless otherwise ordered by the
 It has been held that where after the filing of the complaint or information a court, a judgment in an action for injunction shall not be stayed after its
warrant for the arrest of the accused is issued by the trial court and the accused rendition and before an appeal is taken or during the pendency of an appeal.
either voluntarily submitted himself to the court or was duly arrested, the court The rule is that the execution of a judgment decreeing the dissolution of a
thereby acquires jurisdiction over the person of the accused. The voluntary writ of preliminary injunction shall not be stayed before an appeal is taken or
appearance of the accused, whereby the court acquires jurisdiction over his person, during the pendency of an appeal, and SC held that the same applies to a
is accomplished either by his pleading to the merits (such as by filing a motion to TRO. The rationale is that even in cases where an appeal is taken from a
quash or other pleadings requiring the exercise of the court’s jurisdiction thereover, judgment dismissing an action on the merits, the appeal does not suspend
appearing for arraignment, entering trial) or by filing bail. the judgment, hence the general rule applies that a temporary injunction
 On the matter of bail, since the same is intended to obtain the provisional liberty of terminates automatically on the dismissal of the action.
the accused, as a rule the same cannot be posted before custody of the accused has  It has similarly been held that an order of dissolution of an injunction may be
been acquired by the judicial authorities either by his arrest or voluntary surrender. immediately effective, even though it is not final. A dismissal, discontinuance, or
 In the case at bar, it becomes essential, therefore, to determine whether non-suit of an action in which a restraining order or temporary injunction has been
Sandiganbayan acquired jurisdiction over the person of herein petitioner and, granted operates as a dissolution of the restraining order or temporary injunction
correlatively, whether there was a valid posting of bail bond. and no formal order of dissolution is necessary to effect such dissolution.
 SC found and held that MDS is deemed to have voluntarily submitted herself to the Consequently, a special order of the court is necessary for the reinstatement of an
jurisdiction of Sandiganbayan upon the filing of her “Urgent Ex-parte Motion for injunction. There must be a new exercise of judicial power.
Acceptance of Cash Bail Bond for and in behalf of Dr. Miriam Defensor-Santiago”  Based on the above stated rules, there is no question that with the dismissal of the
wherein she expressly sought leave “that she be considered as having placed herself petition for certiorari and the lifting of the restraining order, nothing stood to
under the jurisdiction of the Sandiganbayan for purposes of the required trial and hinder the Sandiganbayan from acting on and proceeding with the criminal cases
other proceedings,” and categorically prayed “that the bail bond she is posting in filed against MDC. At any rate, the MR filed by MDS was denied with finality in
the amount of P15,000 be duly accepted” and that by said motion “she be the SC resolution dated September 10, 1992.
considered as having placed herself under the custody” of said court.
 MDS cannot now be heard to claim otherwise for, by her own representations, she Whether the filing of the instant special civil action for certiorari divested the
is effectively estopped from asserting the contrary after she had earlier recognized Sandiganbayan of its jurisdiction over the case therein – NO.
the jurisdiction of the court and caused it to exercise that jurisdiction over the  The original and special civil action filed with SC is, for all intents and purposes, an
aforestated pleadings she filed therein. invocation for the exercise of its supervisory powers over the lower courts. It does
not have the effect of divesting the inferior courts of jurisdiction validly acquired
[topic] over the case pending before them.
Whether Sandiganbayan disregarded the rule of judicial comity when it issued  It is elementary that the mere pendency of a special civil action for certiorari,
the hold departure order despite the pendency of her motion for reconsideration commenced in relation to a case pending before a lower court, does not even
of the decision of this Court which dismissed her petition – NO. interrupt the course of the latter when there is no writ of injunction restraining it.
 The inevitable conclusion is that for as long as no writ of injunction or restraining
order is issued in the special civil action for certiorari, no impediment exists and
there is nothing to prevent the lower court from exercising its jurisdiction and
proceeding with the case pending before it. And, even if such injunctive writ or
order is issued, the lower court nevertheless continues to retain its jurisdiction over
the principal action.

NOTES: (substantive issues)


 NO violation of MDS’ right to due process.
 The hold departure order is but an exercise of respondent court’s inherent
power to preserve and to maintain the effectiveness of its jurisdiction over the case
and the person of the accused.
 NO violation of MDS’ right to travel.
 Since under the obligations assumed by petitioner in her bail bond she holds
herself amenable at all times to the orders and processes of the court, she may
legally be prohibited from leaving the country during the pendency of the case.
 NO violation of MDS’ freedom of speech.

Оценить