Valencia v.
Sandiganbayan (2005) HELD:
FACTS:
Valencia was the Governor of Oriental Mindoro. He was elected in 1992.
Information was filed charging Valencia w/ violation of RA 3019. The
prosecution contends that the appointment gives unwarranted benefit to
Umbao who is disqualified to be appointed w/in 1 year after losing the
1992 election. Valencia pleaded not guilty.
The parties submitted a Joint Stipulation of Facts (JSF) which stated that
Councilor Mercene died in 1992 so there was a permanent vacancy in the
Sanguniang Bayan of Pola, Oriental Mindoro. Valencia appointed Umbao
who ran for the same position but lost earlier that year.
In March 2003, Sandiganbayan directed the parties to sign the JSF. Signed
only by the Special Prosecutor and petitioners counsel.
In Jan 12 2004, Prosecutor Salindong rested the case based on the JSF and
waived the presentation of evidence for the prosecution.
Jan 19: Valencia filed a Motion for Leave to File Demurrer to Evidence
because the prosecution failed to present, mark and offer evidence that
would substantiate the charge against him. JSF lacks his signature. Prosec
failed to submit evidence establishing injury and presence of partiality.
Pros. Autencio-Daquis (pinalitan yung una) filed an opposition contending
the demurrer is premature because they have yet to formally offer the JSF.
Sandigan directed them again to sign the JSF.
Valencia filed MR, claiming that his former counsel was not authorized to
enter into any agreement and he only found out about the JSF in Jan.
Sandigan issued a pre-trial order, embodying the JSF.
Sandigan issued then issued another order recalling the pre-trial order,
denying the motion for leave to file demurrer and setting the case for
presentation of prosecutions evidence. MR denied.
Prosecution proceeded with the presentation since theres no TRO or PI.
ISSUE:
W/N Motion for Leave to File Demurrer to Evidence was premature;
W/N Sanidganbayan committed GAD in setting case for presentation of
evidence;
Under R119: Demurrer is filed after the prosecution rests its case. It tests the
sufficiency of the prosecutions evidence.
R132: Before evidence may be admitted, it must be formally offered.
The motion for leave to file demurrer was premature. Prosec had yet to
formally rest its case. The JSF was not yet offered as evidence although
Valencia did receive by mail a motion and formal offer of evidence dated
Jan 20. The filing shall be proved by its existence in the case records. The
records of the Sandiganbayan bear no such offer filed by the prosecution.
Assuming it was formally offered, the motion was still premature because it
was filed a day before the date of the offer. Valencia himself said the
prosecution failed to mark and offer evidence.
No GAD. The court may grant parties the opportunity to adduce additional
evidence in furtherance of justice. The trial procedure in R119 depends
upon the circumstances of each case at the discretion of the trial judge.
The reception of additional evidence is not technically a reopening of the
case as the prosec had yet to formally rest its case. A motion to reopen
presupposes that parties have formally offered and closed their evidence. If
the admission of addl evidence is sanctioned before judgment, with more
reason that it should be allowed when the prosec had not yet concluded its
presentation of evidence. His refusal to sign the JSF is justification to recall
the pre-trial order set the case for presentation of evidence.
Valencia cant claim denial of due process. He can still contest the evidence
adduced against him and prove his own defenses after prosecution
concludes its presentation of evidence.
The State is entitled to due process. Pros. Salindong committed GAD by
resting the case without adducing evidence for the State and without
ensuring that Valencia signed the JSF before submitting it to the Sandigan.
He cant invoke the right to a speedy trial. Since the first anon complaint in
1994 before the Ombudsman, Valencia never contested the prosecutorial
proceedings nor the pendency of the case. Right is deemed waived.
R119 provides that an order denying motion to file demurrer is not
reviewable by appeal or certiorari before judgment.
Valencias remedy is to proceed with the presentation of his evidence and
appeal from any adverse decision that may be rendered.