Professional Documents
Culture Documents
People v - Libel case. Dismissed because of lack of jurisdiction. - sufficiently clear that they sought the reinstatement of the criminal
Piccio - Private complainants appeal dismissal, but without prosecution of respondents for libel.
OSG. OSG prays to be excluded from filing - only the OSG that may bring an appeal on the criminal aspect
appellant’s brief because no information about the representing the People
case. - In view of the corollary principle that every action must be
prosecuted or defended in the name of the real partyininterest who
*On appeal, PP becomes OSG. stands to be benefited or injured by the judgment in the suit, or by
the party entitled to the avails of the suit, an appeal of the criminal
case not filed by the People as represented by the OSG is perforce
dismissible. The private complainant or the offended party may,
however, file an appeal withoutthe intervention of the OSG but only
insofar as the civil liability of the accused is concerned.
Amendment/Substitution
People v - Casey sentenced to capital punishment for the death - There can be a violation of such right, however, only when the
Casey of Alfredo Valdez. amendment pertains to matters of substance. No substantial change
- 1st information filed against him for murder. Pleaded here.
not guilty. - The test as to whether a defendant is prejudiced by the amendment
- Later, information amended to include Ricardo Feliz of an information has been said to be whether a defense under the
as an accused. No new arraignment. information as it originally stood would be available after the
amendment is made, and whether any evidence defendant might have
1st: “Together with one Ricardo Felix” – Felix was at would be equally applicable to the information in the one form as in
large at the time the other.
- Does not change the nature of the crime alleged therein, does not
2nd: “Together with accused Ricardo Felix” – amended expose the accused to a charge which could call for a higher penalty,
when Felix was caught does not affect the essence of the offense or cause surprise or
deprive the accused of an opportunity to meet the new averment had
each been held to be one of form and not of substance.
Pacoy v Hon - Information for homicide against SSGT Pacoy. Shot - Merely an amendment. New charge necessarily includes first charge.
Cajigal and killed 2Lt commanding officer with aggravating - Merely a formal amendment. No change made in recital of facts.
circumstance of disregard of rank. - Since the facts alleged in the accusatory portion of the amended
- Pleaded not guilty. Information are identical with those of the original Information for
- Judge orders amendment of information because Homicide, there could not be any effect on the prosecution's theory
supposedly qualifying circumstance. Should be of the case; neither would there be any possible prejudice to the
murder. rights or defense of petitioner.
- Information amended. Homicide replaced with
murder in title and opening paragraph. (Also, name
of victim corrected.)
Mendez v - Information against Mendez for violation of Tax - Amendments that do not charge another offense different from that
People Reform Act of 1997 (tax evasion). Pleaded not guilty. charged in the original one;27 or do not alter the prosecution's theory
- Information amended. of the case so as to cause surprise to the accused and affect the form
- Amendments sought by the prosecution pertains to of defense he has or will assume are considered merely as formal
(i) the alleged change in the date in the commission amendments.
of the crime from 2001 to 2002; (ii) the addition of - Date of commission – changed to be consistent with taxable year that
the phrase "doing business under the name and style information covers (2001, so tax returns must have been filed 2002).
of Mendez Medical Group;" (iii) the change and/or - “For income earned” – just for more precision
addition of the branches of petitioner’s operation; - Business and place of business – tax returns must be filed in place of
and (iv) the addition of the phrase "for income principal business under law, regardless of number and location of
earned." other branches. Does not change prosecution’s theory of failure to
file tax return.
Unionbank v - Tomas files 2 cases for complaint of sum of money. - Elements of perjury: (a) That the accused made a statement under
People In both, she executes and signs a Certificate against oath or executed an affidavit upon a material matter. (b) That the
Forum Shopping. statement or affidavit was made before a competent officer,
- Information for perjury filed against her in Makati. authorized to receive and administer oath. (c) That in the statement
- Tomas – certificates used in Pasay. Should have filed or affidavit, the accused made a willful and deliberate assertion of a
in Pasay. falsehood. (d) That the sworn statement or affidavit containing the
falsity is required by law or made for a legal purpose.
- All elements alleged to have been committed in Makati, where
certificates were subscribed and notarized.
- Crime of perjury committed through the making of a false affidavit
under Article 183 of the RPC is committed at the time the affiant
subscribes and swears to his or her affidavit since it is at that time
that all the elements of the crime of perjury are executed. When the
crime is committed through false testimony under oath in a
proceeding that is neither criminal nor civil, venue is at the place
where the testimony under oath is given. If in lieu of or as
supplement to the actual testimony made in a proceeding that is
neither criminal nor civil, a written sworn statement is submitted,
venue may either be at the place where the sworn statement is
submitted or where the oath was taken as the taking of the oath and
the submission are both material ingredients of the crime committed.
Ferrer v - Criminal case against Ferrer for violation of 3019 - An absolution from a criminal charge is not a bar to administrative
Sandiganbayan (awarded a contract without public bidding and prosecution, or vice versa.
ordering construction without building permit or - The two liabilities are different. The bases for the liabilities are also
clearance). different.
- Administrative case filed for same reasons already - Independent nature of a criminal prosecution dictates that the
previously dismissed. Sandiganbayan must determine petitioner's criminal liability without its
- (a) complainants guilty of forum shopping? (b) hands being tied by what transpired in the administrative case. The
dismissal of admin case (substantive proof)warrants court is dutybound to exercise its independent judgment. It is not
dismissal of criminal case (proof beyond reasonable ousted of its jurisdiction by the ruling in the administrative
doubt). proceeding.
Salazar v - Salazar buys cavans of rice. 1st check she pays with is - If acquitted in criminal case, accused and offended party have right to
People not issued but merely indorsed by her, insufficient appeal civil judgement.
funds. 2nd check issued returned because not yet - Accused has option to file demurrer to evidence (akin to a motion to
cleared. dismiss for failure to prove guilt beyond reasonable doubt; if filed
- Acquitted (estafa penalizes only issue and not with leave of court, may adduce evidence in his defense [unless court
indorser of check, 2nd check not by reason of rules that civil liability does not exist]; if filed without leave of court,
insufficient funds). waives right to adduce evidence and submits case for judgement) or
- Salazar files demurrer to evidence. adduce evidence. After trial, court to render judgement based on
- But trial court renders judgement on her civil liability evidence presented by prosecution and defense.
(ordered Salazar to remit check) without Salazar - Denied right to due process.
having adduced evidence thereon.
- Denied due process?
Corpus v - Several cases filed against Judge Siapno for various - Concomitant with his rendition of a guilty verdict, respondent should
Siapno reasons (eg used chambers as residence). likewise make a finding on the accused’s civil liability (unless
- Everything dismissed with exception of Ignorance of reservation made by offended party) because it is basic that every
Law charge, for failure to award civil damages in 2 person criminally liable is also civilly liable
criminal cases (only fines for cost of damage to - it behooves respondent to require the production of evidence to
property). make a finding on civil liability. This is especially so where the
- Defense – prosecution did not present evidence accused has pleaded guilty and has therefore admitted his liability.
regarding civil aspect of case.
Tiong v - In 1997, Balboa filed a case for collection of sum of - There is forum shopping when the following elements concur: (1)
Balboa money against Tiong and Cheng (for amounts in identity of the parties; (2) identity of the rights asserted and relief
three checks that bounced, amounting to over 5M). prayed for; and (3) identity of the two preceding particulars, such that
Later that year, two criminal actions for violation of any judgment rendered in the other action will amount to res judicata
BP 22 were also filed. in the action under consideration or will constitute litis pendentia.
- In 1998, Tiong and Cheng were found liable in the - Both cases above were filed prior to adoption of SC Circular and
civil case (and thus ordered to pay the 5M, plus 2000 Rules of Criminal Procedure, which proscribed reservation of
interest). In 2001, they were acquitted in the criminal civil action in case of violation of BP22. The prevailing rule is under
case, but with a judgement on their civil liability for the 1985 Rules of Court – offended party has right to institute civil
the amounts covered by checks (but this judgement action prior to criminal action (note: actually this is also allowed
on civil liability later deleted). under 2000 Rules).
- Is Balboa guilty of forum shopping for filing both a - Since respondent instituted the civil action prior to the criminal
civil case and criminal case against petitioners? action, then the civil case may proceed independently of the criminal
cases, and there is no forum shopping to speak of.
- Moreover, the RTC presiding over the criminal cases, already deleted
the award of civil damages. There is, therefore, no double recovery of
the amounts covered by the checks or unjust enrichment on the part
of respondent.
Co v Munoz - Munoz charged with libel. - Applies to all claims for civil liability, regardless if filed separately or
- Convicted by RTC but acquitted by CA because not.
privileged information (Co a wealthy businessman is - If, as Muñoz suggests, the extinction of the penal action carries with
public figure, issue on manipulation of government it the extinction of the civil action that was instituted with the
bidding a matter of public interest, fair comment). criminal action, then Section 2, Rule 120 of the ROC becomes an
- Co appealing civil aspect. irrelevant provision.
- Interpretation of “extinction of penal action does not - But in this case, no civil liability can be awarded because no libel.
carry with it extinction of civil action.” Applies only Without crime, no civil liability ex delicto may be claimed.
when civil action is instituted separately?
Prejudicial question
Dreamwork v - Feb 2 2005 – Dreamwork construction files - Civil case must be instituted prior to criminal case. Stat con –
Janiola information for violation of BP22 against Janiola. amendment to insert “previously instituted” in rules shows clear
- Sept 20 2006 – Janiola files civil case against legislative intent. The clause “before any criminal action may be
Dreamwork for rescission of construction agreement instituted or may proceed” in Civil Code can be interpreted to mean
between parties. Note – check subject of BP22 case that motion to suspend may be filed during PI or during trial.
were issued in consideration of construction - Evil sought to be avoided – filing civil actions merely to delay
agreement. criminal proceedings. (Evident in this case – more than 2 years after
- July 2007 – Janiola files motion to suspend criminal case, and 3 years from execution of construction agreement.)
proceedings, claiming prejudicial question. - No question determinative of guilt or innocence. Gravamen of BP22
is issuance of a bad check. The fact that there exists a valid contract
or agreement to support the issuance of the check/s or that the
checks were issued for valuable consideration does not make up the
elements of the crime.
Gaditano v - Spouses Gaditano in business of buying and selling - The prejudicial question in the civil case involves the dishonor of
San Miguel beer. Purchase beer from SMC and pay with check another check. On the other hand, the issue in the preliminary
Corp worth 285k (April 7 2000) which is dishonored (April investigation is whether petitioners issued a bad check to SMC for
13 2000) for insufficient funds. Despite 3 demands, the payment of beer products.
Gaditanos fail to make good the check. - Furthermore, three notices of dishonor were sent to petitioners, who
- Criminal case for BP22 and Estafa. then, should have immediately funded the check. When they did not,
- Gaditano – checking account automatically funded their liabilities under the bouncing checks law attached. Such liability
by savings account. In 1999, one Fatima borrows 30k cannot be affected by the alleged prejudicial question because their
from them, pays with check worth 378k. Gaditanos failure to fund the check upon notice of dishonour is itself the
deposit check, withdraw, and refund to Fatima, who offense.
in turn pays her loan. - As for estafa. Records show that a notice of dishonor as well as
- As of April 13 2000, their savings account contained demands for payment, were sent to petitioners. The presumption of
412k. On same day, informed that their check from deceit applies, and petitioners must overcome this presumption
Fatima not cleared (material alteration). Bank through substantial evidence.
garnished 378k from their savings account.
- Oct 23 2000 Gaditanos file action for specific
performance against Fatima and bank.
Tolentino v - Tecklo charged with violation of SSS Act (failure to - Regional State Prosecutor is not included among the law officers
Paqueo Jr remit premiums due to employee). authorized to approve the filing or dismissal of the Information of
- Tecklo moves for deferment of arraignment, and the investigating prosecutor (city, provincial, or chief state prosec).
then files motion to quash information on ground Noncompliance was a ground to quash the Information.
that it was filed by Regional State Prosecutor - Motion to quash was timely (before arraignment). No need for
Tolentino. No legal personality to commence evidence because error was immediately apparent.
prosecution because not city or provincial prosec.
- Judge quashes information.
Chan v DOJ - Presidential Anti-Organized Crime Task Force hands - Crespo does not bar the Justice Secretary from reviewing the findings
Sec evidence for shabu pushing by Chan to prosec. of the investigating prosecutor in the exercise of his power of control
- State prosec Formaran recommend filing of over his subordinates. power or authority of the Justice Secretary to
information. Information filed. review the prosecutor’s findings subsists even after the Information
- Chan files review with DOJ. Denied. Files petition is filed in court. The court, however, is not bound by the Resolution
for certiorari with CA. Denied. of the Justice Secretary, but must evaluate it before proceeding with
- CA – without authority to restrain the lower court the trial. While the ruling of the Justice Secretary is persuasive, it is
from proceeding with the case since the latter had not binding on courts.
already assumed jurisdiction. - CA is not being asked to cause the dismissal of the case in the trial
court, but only to resolve the issue of whether the Justice Secretary
acted with grave abuse of discretion in affirming the finding of
probable cause by the investigating prosecutor. Should it determine
that the Justice Secretary acted with grave abuse of discretion, it
could nullify his resolution and direct the State Prosecutor to
withdraw the Information by filing the appropriate motion with the
trial court. But the rule stands — the decision whether to dismiss the
case or not rests on the sound discretion of the trial court where the
Information was filed.
Sesbreno v - Complaints against Marcelino, Nunez, and Tabazon - Warrant of arrest not mandatory. Issuance is based on discretion of
Aglugub for falsification (dismissed), grave threats (dismissed), the judge.
and usurpation of authority (set for arraignment). - Judge administratively accountable at most for sending review of
- Only Marcelino fails to appear at arraignment. Thus, dismissal of RA10 (performing acts pertaining to government) to
warrant of arrest issued against him only. Sesbreno prosec and not to Ombudsman absent any proof of fraud or evil
files motion for arrest of all accused. motive.
- Sesbreno also alleges that accused were charged with - For usurpation of authority, no PI needed. If no PI needed, warrant
violation of RA10. Judge finds that charge was not of arrest discretionary still. And judge not required to transmit case to
resolved due to oversight, but anyway dismisses prosec for review.
charge because no probable cause.
San Agustin v - Complaint against Brgy Chairman San Agustin for - San Agustin was unlawfully arrested without a warrant of arrest.
People serious illegal detention (illegally detained Vicente - Lawful warrantless arrests – a) When, in his presence, the person to
Tan on suspicion of being a snatcher). be arrested has committed, is actually committing, or is attempting to
- San Agustin subpoenaed and ordered to present commit an offense; (b) When an offense has been committed and he
himself to NBI with brgy logbook. No entry for has probable cause to believe, based on personal knowledge of facts
arrest of Tan in logbook. or circumstances, that the person to be arrested has committed it;
- San Agustin immediately placed under arrest. Inquest and (c) When the person to be arrested is a prisoner who has escaped
investigation on same day, finds probable cause. while being transferred from one confinement to another.
Information filed. - Inquest investigation void. Entitled to PI.
- But absence of PI does not affect jurisdiction of court or validity of
information. Trial court should suspend proceedings and order PI.
Arrest
AAA v - AAA is raped by Arzadon. An information for rape - Constitutional provision does not mandatorily require judge to
Carbonell is filed before the court of Judge Carbonell. personally examine complainant and witnesses. Instead, he may opt
- Arzadon files motion for judicial determination of to personally evaluate the report and supporting documents
probable cause for purpose of issuing arrest. submitted by the prosecutor or he may disregard the prosecutor’s
Carbonell grants motion and orders AAA and her report and require the submission of supporting affidavits of
witnesses to take the witness stand. witnesses.
- AAA refuses to take the witness stand. - what the law requires as personal determination on the part of the judge
- Carbonell dismisses the case for lack of probable is that he should not rely solely on the report of the investigating
cause. prosecutor.
- Probable cause has been established in this case. Resolutions of
prosecutor and DOJ. AAA’s affidavit and evidence adduced in
clarificatory hearings. Child and birth certificate.
- Thus, Judge Carbonell exercised grave abuse of discretion as he
dismissed the case solely because of the absence of AAA in the
witness stand.
People v del - Del Rosario found guilty of robbery with homicide - Not guilty. Forced to participate in robbery as getaway tricycle at
Rosario and sentenced to death. gunpoint.
- How he was arrested – police find out name of - Deprived of rights during custodial investigation. Custodial
tricycle driver in incident. May 13, they go to his investigation is the stage where the police investigation is no longer a
house and invite him for interview. He is kept in general inquiry into an unsolved crime but has begun to focus on a
detention until May 22, during which time he makes particular suspect taken into custody by the police who carry out a
his statement and executes waiver of detention. process of interrogation that lends itself to elicit incriminating
statements. It is wellsettled that it encompasses any question
initiated by law enforces after a person has been taken into custody
or otherwise deprive of his freedom of action in any significant way.
Includes "the practice of issuing an "invitation" to a person who is
investigated in connection with an offense he is suspected to have
committed."
- Warrantless arrest illegal. Not in flagrante delicto. Not hot pursuit.
Done one whole day after incident and arresting officers had no
personal knowledge of facts indicating that Del Rosario committed
crime. They became aware of his identity as the tricycle driver only
during custodial investigation.
- Anyway, waived right by participating in trial.
People v - Police receive information of a shootout in - Warrantless arrest legal. Arresting officers acted on basis of personal
Jayson - Go to the scene where they find victim. Witnesses knowledge of death of victim and facts indicating Jayson as assailant.
point to Jayson, who was then fleeing, as the shooter. - Search and seizure of gun lawful. Incidental to a lawful warrantless
- Police chase and catch him. They find a gun on him. arrest.
- Charged with homicide and (in this case) illegal
possession of firearm.
Provision:
When an offense has in fact just been committed, and he has
personal knowledge of facts indicating that the person to be
arrested has committed it.
* We see in the provision two elements that must be present
in order to validly arrest someone without a warrant while in
hot pursuit. These are Immediacy and Circumstance.
Taborite v - Divino allegedly commits murder. He is arrested. He - whether bail is a matter of right or discretion, the prosecutor must be
Sollesta files petition for bail. given reasonable notice of hearing or he must be asked to submit his
- Bail hearing is set, but notice is not given to public recommendation.
prosecutor. Thus, only counsel for the accused was - discretion of the court in cases involving capital offenses may be
present during the hearing. exercised only after there has been a hearing called to ascertain the
- Petition granted and Divino released. weight of the evidence against the accused. Prosecution must first be
accorded an opportunity to present evidence. It is on the basis of
such evidence that judicial discretion is exercised in determining
whether the evidence of guilt of the accused is strong.
- Granting bail in nonbailable offenses without hearing is gross
ignorance of the law.
Leviste v CA - Leviste is convicted for homicide. - After conviction by the trial court, the presumption of innocence
- He appeals his conviction and files application for terminates and the constitutional right to bail ends. From then on,
admission to bail pending appeal. the grant of bail is subject to judicial discretion. Such discretion must
- CA denies his petition for bail. be exercised with grave caution and only for strong reasons.
- Is denial proper, even when none of the bail-negating - Judicial discretion is choice. Court must be allowed reasonable
conditions are present? latitude to express its own views.
- An application for bail pending appeal may be denied even if the
bailnegating circumstances are absent.
- Two stages in application for bail pending appeal: (1) determination
of discretion stage, where the appellate court must determine whether
any of the bail-negating circumstances is present and (2) the exercise
of discretion stage. If circumstances present, stringent discretion to
determine for a fact whether circumstances exist (if it so determines,
must deny bail). If circumstances not present, exercise sound
discretion.
- Further, provision refers to “the following and other circumstances”
(not exclusive). Further, trend in jurisprudence is towards more
restrictive approach to bail.
Chua v CA - Chiok is convicted for estafa. Sentenced to minimum - To be entitled to an injunctive writ, the applicant must show that (1)
12-0-0. Chiok appeals. he has a clear existing right to be protected; and (2) the acts against
- Trial court issued order canceling his bail . which the injunction is to be directed are in violation of such right.
- CA issues writ of preliminary injunction against trial - Respondent has no right to be freed on bail pending his appeal from
court’s order. the trial court’s judgment. His conviction carries a penalty of
imprisonment exceeding 6 years which justifies the cancellation of his
*Remedy to question decision – motion for review bail pursuant to the third paragraph of Section 5 (b), (d) and (e) of
(bail should not be subject of independent action) Rule 114.
- Moreover, he failed to appear despite notice during the promulgation
of judgment. His inexcusable nonappearance not only violated the
condition of his bail that he "shall appear" before the court
"whenever required" by the latter or the Rules, but also showed the
probability that he might flee or commit another crime while released
on bail.
Heirs of - Co is charged with 2 counts of murder and 2 counts - Participation of OSG needed, and private offended party not
Burgos v CA of frustrated murder. Files petition for bail. Granted involved. Question of granting bail to the accused is but an aspect of
after hearing in which RTC determines that evidence the criminal action, preventing him from eluding punishment in the
of guilt is not strong. event of conviction. The grant of bail or its denial has no impact on
- Heirs of murder victim file certiorari, without the civil liability of the accused that depends on conviction by final
involving OSG. judgment.
- In one case wherein bail was granted without participation of OSG,
appeal by private offended party was allowed to correct such grave
abuse of discretion. But in this case, no grave abuse of discretion.
Leonen - The provisions on bail provide a balance between the accused’s right to be presumed innocent on one hand and the due process
dissent rights of the state to be able to effect the accused’s prosecution on the other hand. That balance is not exclusively judicially
determined. The Constitution frames judicial discretion.
- Majority’s opinion—other than the invocation of a general human rights principle—does not provide clear legal basis for the grant of
bail on humanitarian grounds. Bail for humanitarian considerations is neither presently provided in our Rules of Court nor found in
any statute or provision of the Constitution.
- Bail granted without hearing, based only on doctor’s certification. Nowhere in the rules of procedure do we allow the grant of bail
based on judicial notice of a doctor's certification. In doing so, we effectively suspend our rules on evidence by doing away with
cross-examination and authentication of Dr. Gonzales' findings on petitioner's health in a hearing whose main purpose is to
determine whether no kind of alternative detention is possible. Further, to the Sandiganbayan, based upon the facts as presented to it,
accused does not seem to be suffering from a unique debilitating disease whose treatment cannot be provided for by our detention
facilities and temporary hospital arrest in accordance with their order. How the majority arrived at a conclusion different from the
Sandiganbayan has not been thoroughly explained. Neither did this issue become the subject of intense discussion by the parties
through their pleadings.
- If this case applies to all, no guidance provided as to application for other cases. Usually, when there is a medical emergency that
would make detention in the hospital necessary, courts do not grant bail. They merely modify the conditions for the accused’s
detention. There is now no clarity as to when special bail based on medical conditions and modified arrest should be imposed.
Further, there is no rule on whether the grant of provisional liberty on the basis of humanitarian considerations extends even after the
medical emergency has passed. Would weaken administration of justice.
- If this is a special case, consider all the accused similarly situated, who are not given the same privileges because they are not Enrile.
Consider the liberty not only of this one accused, but our collective liberty, which is put at risk if justice is wanting. Mercy and
compassion temper justice, but they should never replace justice.
People v - Teves is found guilty of the crime of parricide. - Pre-trial identification was pointedly suggestive, generated confidence
Teves - Evidence against him – witness testimony claiming where there was none, activated visual imagination and, all told,
she recognized him driving jeep she passed before subverted the identification of the appellant by the witness. This
coming upon body. Aunt of victim alleging that he method of identification is as tainted as an uncounseled confession
confessed to crime to him, that he fought with his and thus, falls within the same ambit of the constitutionally
wife, etc. entrenched protection.
- Pre-trial identification of Teves and his jeep – while - Testimonies of witnesses doubtful.
already under custody and without counsel, made to - Conviction of an accused must be based on the strength of the
ride jeep and stick his hand out, as if doing some prosecution's evidence and not on the weakness or absence of
kind of reenactment. evidence of the defense.
People v Serzo - Serzo is charged with murder. - While his right to be represented by counsel is immutable, his option
- Appears at arraignment without counsel. Moves for to secure the services of counsel de parte, however, is not absolute.
arraignment to be re-set in order to allow him time to The court is obliged to balance the privilege to retain a counsel of
find counsel of his choice granted. But next month, still choice against the states's and the offended party's equally important
no counsel. Arraigned with court-appointed counsel right to speedy and adequate justice.
(who also serves as counsel during start of trial). - Appellant had been given ample time to secure the services of a
- For presentation of defense, Serzo again manifests counsel de parte, but his subsequent appearances in court without
desire to find counsel of his choice. But continues to such counsel and his act of allowing this situation to continue until
appear without counsel. Court appoints different the presentation of his evidence betrays his lack of intention to do so.
counsel for him twice.
It even appears that he was merely delaying his own presentation of
- Parties were ordered to submit their respective
evidence on purpose to the prejudice of the offended party, the trial
memoranda in ten days, after which the case would be
submitted for decision. Atty. Garcia was further court and the orderly administration of justice.
ordered to manifest within the same period whether - Furthermore, appellant did not demonstrate in what way the services
appellant would change his mind and cooperate with of his counsels de oficio were unsatisfactory. In short, he was afforded
her. a chance to be heard by counsel of his own choice, but by his own
- Note: 2 years from time Serzo manifested desire to neglect or mischief, he effectively waived such right.
obtain council de parte.
Aguinaldo v - December 2, 2002 – complaint-affidavit for estafa - While the pendency of a petition for review is a ground for
Ventus filed against Aguinaldo and Perez. suspension of the arraignment, Section 11(c) of Rule 116 limits the
- July 16, 2003 – Information for estafa filed in court. deferment of the arraignment to a period of 60 days reckoned from
- August 4, 2003 – petitioners file motion for the filing of the petition with the reviewing office. It follows,
reconsideration with Office of the City Prosecutor of therefore, that after the expiration of said period, the trial court is
Manila, of prosecutor’s recommendation to file bound to arraign the accused or to deny the motion to defer
Information. Motion is denied. arraignment.
- February 27, 2004 – petitioners file petition for - While rules of procedure are liberally construed, the provisions on
review with DOJ. reglementary periods are strictly applied, indispensable as they are to
- April 16, 2004 – arraignment is ordered deferred. the prevention of needless delays, and are necessary to the orderly
- May 16, 2005 – warrants of arrest of petitioners and speedy discharge of judicial business. Relaxation or suspension of
ordered. procedural rules, or the exemption of a case from their operation, is
- August 23, 2005 – court issues order setting warranted only by compelling reasons or when the purpose of justice
petitioners’ arraignment. requires it. Delay in the resolution does not extend the period of 60
days.
- Further, petitioners given ample time, from order deferring
arraignment to order of arrest, to secure resolution of petition for
review. Besides, they may be faulted for the delay in the resolution of
their petition. Their counsel received the letter dated April 15, 2004
(from the DOJ requiring her to submit the pertinent pleadings
relative to petitioners' petition for review). Admittedly, however, the
same was complied with only on October 15, 2004.
People v - Saballegue charged with violation of Social Security - Case must be filed by provincial or city prosecutor or chief state
Garfin Act. Failing to remit premiums due to his prosecutor, or to the Ombudsman or his deputy.
employees to the SSS. Php17k - Regional state prosec has no authority to authorize Tolentino to
- Complaint was filed by special prosec Tolentino. file cases.
- Sabellague is arraigned and pleads not guilty. - That the officer who filed the information had no authority to do
- 3 days later, files motion to dismiss on the ground so is a ground for motion to quash.
that the information was filed without prior - Information must be properly filed in order to give jurisdiction to
written authority or approval of city prosec. court.
- Tolentino – duly designated to assist city prosec - As this infirmity in the information constitutes a jurisdictional defect
in investigation and prosecution of SSS cases. that cannot be cured, cannot be waived, the respondent judge did not
Authority given by regional state prosec, who err in dismissing the case for lack of jurisdiction. Arraignment not a
takes authority from DOJ sec. waiver for this ground. Based on Villa ruling.
People v - Soriano (religious minister) charged with violation of - Elements of BP22 violation – issuing/etc of check, knowledge
Laggui estafa and BP22 (which he gave to Hizon). at time of issue that insufficient funds to pay check upon
Information alleges that he issued 250k check presentment, check is dishonored.
“knowing fully well that he had no - Judge’s interpretation is erroneous. The maker's knowledge of the
funds/sufficient funds in the bank.” insufficiency of his funds is legally presumed from the dishonor of
- Soriano is arraigned and pleas not guilty. his check for insufficiency of funds.
- Trial court acquits Soriano because information - However, since in the present case the accused Eliseo Soriano had
defective. Should have alleged that he knew funds been arraigned, pleaded "not guilty," and was tried upon a valid
would be insufficient to pay check in full “upon and sufficient information (although the lower court erroneously
presentment.” thought otherwise) and the case against him was dismissed by
decision of the trial court (hence, without his consent and not
upon his motion), he has been placed in jeopardy or danger of
punishment for the offense charged. For this Court to reassess
the evidence against him pursuant to the Government's appeal,
would place him twice in jeopardy of punishment for the same
offense.
Quiambao v - Information against petitioners for violation of BP68 - RTC order to dismiss case, being the subject of review by SC, was
People with MTC. not yet final and executory. An appeal to this Court via a Petition for
- Petitioners file certiorari with RTC (allege that there is Review on Certiorari stays the judgment, award or order appealed from.
no probable cause to charge them with crime). MTC acted without jurisdiction when it issued its Order of
RTC directs MTC to dismiss case. Dismissal
- Private respondents’ MR denied. Bring petition for - Moreover, the jurisdiction over the issue of probable cause in
review on certiorari to SC. Criminal Case No. 89724 had already been acquired by this Court.
- MTC dismissed criminal case. Private respondents From the moment the case had been elevated to us, the MTC no
file MR. MTC grants MR and issues order for longer had authority to further act on the issue which was pending
revival of case. review. The perfecting of an appeal taken from said judgment deprives
- Double jeopardy? the trial court of its jurisdiction over said judgment and said jurisdiction
is transferred to the appellate court, and the trial court cannot modify or
revoke any order of execution of the said judgment after the appeal
taken therefrom is perfected.
- Order of Revival that followed should be declared null and void.
Suffers from the same infirmity of having been issued without
jurisdiction. Void judgment for want of jurisdiction is no judgment at
all. It cannot be the source of any right nor the creator of any obligation.
No legal rights can emanate from a resolution that is null and void.
- 2 requisites not met – no court of competent jurisdiction, case not
dismissed (because void judgement).
People v De - Joven, Armando, Domingo, and Estanislao charged - judgment of acquittal in a criminal case may be assailed in a petition for
Grano with murder. Out on bail. certiorari under Rule 65 of the Rules of Court, but only upon a clear
- Found guilty. However, only Estanislao is present showing by the petitioner that the lower court, in acquitting the accused,
during promulgation of judgement despite due notice committed not merely reversible errors of judgment but also grave abuse
to the others. of discretion amounting to lack or excess of jurisdiction, or to a denial of
- Joven, Armando, Domingo, Estanislao file MR. MR due process, thus rendering the assailed judgment void. petitioner must
granted and Domingo, Estanislao found guilty of clearly and convincingly demonstrate that the lower court blatantly
homicide, the rest acquitted. abused its authority to a point so grave and so severe as to deprive it of
- People trying to revive the case. CA dismisses its very power to dispense justice.
- Being at large, Joven and Domingo have not regained their standing in
petition for certiorari on the ground of double
court. Once an accused jumps bail or flees to a foreign country, or
jeopardy.
escapes from prison or confinement, he loses his standing in court; and
unless he surrenders or submits to the jurisdiction of the court, he is
deemed to have waived any right to seek relief from the court.
- Thus, Joven, Armando, and Domingo, were not placed in double
jeopardy because, from the very beginning, the lower tribunal had acted
without jurisdiction. Verily, any ruling issued without jurisdiction is, in
legal contemplation, necessarily null and void and does not exist. In
criminal cases, it cannot be the source of an acquittal.
People v - Respondents charged with special complex crime of - "[W]hen an accused appeals from the sentence of the trial court, he
Torres robbery with homicide. waives the constitutional safeguard against double jeopardy and
- RTC rules that they can only be liable for murder. throws the whole case open to the review of the appellate court,
Finds them guilty of murder. which is then called upon to render such judgment as law and justice
- Respondents appeal case to CA. dictate, whether favorable or unfavorable to the appellant."
- CA revereses RTC ruling. Finds them guilty of - Since it became the duty of the appellate court to correct errors as
robbery with homicide. (Reason: intent was clearly to may be found in the appealed judgment.
rob and not to kill.) - Appellant is guilty of the crime of robbery with homicide.
- Cannot be found guilty of robbery, because acquitted
by RTC? Double jeopardy?
Torres v - Torres charged with falsification of public document. - A motion to withdraw information differs from a motion to dismiss.
Aguinaldo - DOJ Sec reverses findings of public prosec and While both put an end to an action filed in court, their legal effect
orders withdrawal of information. Information varies. The order granting the withdrawal of the information attains
withdrawn June 11 2003. finality after fifteen (15) days from receipt thereof, without prejudice
- Aguinaldo (private offended party) files petition for to the refiling of the information upon reinvestigation. On the other
certiorari before CA. hand, the order granting a motion to dismiss becomes final fifteen
- CA orders case reinstated March 22 2004. (15) days after receipt thereof, with prejudice to the refiling of the
- Torres – order dismissing case was final if no appeal same case once such order achieves finality.
perfected in time. - A motion to withdraw information is not timebarred and does not
fall within the ambit of Section 8, Rule 117.
- Note: SC finds CA decision was wrong. There was indeed lack of
probable cause, and withdrawal of information was correct.
Los Banos v - Pedro charged for violation of gun ban during 2001 - To recapitulate, quashal and provisional dismissal are different
Pedro elections. concepts whose respective rules refer to different situations that
- Moves to quash information. Ground: information should not be confused with one another. If the problem relates to
contained availments which if true would constitute an intrinsic or extrinsic deficiency of the complaint or information, as
legal excuse/facts charged do not constitute an shown on its face, the remedy is a motion to quash under the terms
offense. Presents Comelec certification exempting of Section 3, Rule 117. All other reasons for seeking the dismissal of
him from gun ban as evidence. RTC grants motion the complaint or information, before arraignment and under the
to quash Dec 10 2001. circumstances outlined in Section 8, fall under provisional dismissal.
- Prosec moves to reopen case. Says Comelec - RTC had authority to reopen case.
certification was falsified. RTC reopens case (after - Information duly charged a specific offense and provides the details
Dec 10 2002). on how the offense was committed. This COMELEC Certification is
- Pedro – dismissal had become permanent. a matter aliunde that is not an appropriate motion to raise in, and
cannot support, a motion to quash grounded on legal excuse or
Motion to quash =/= Provisional Dismissal justification found on the face of the Information. As a consequence,
a valid Information still stands, on the basis of which Pedro should
now be arraigned and stand trial.
People v De - Joven, Armando, Domingo, and Estanislao - Being at large, Joven and Domingo have not regained their
Grano charged with murder against Mendoza. Out on bail. standing in court. Once an accused jumps bail or flees to a
- Found guilty. However, only Estanislao is foreign country, or escapes from prison or confinement, he
present during promulgation of judgement loses his standing in court; and unless he surrenders or submits to
despite due notice to the others. the jurisdiction of the court, he is deemed to have waived any right
- Joven, Armando, Domingo, Estanislao file MR. to seek relief from the court.
MR granted and Domingo, Estanislao found - Thus, Joven, Armando, and Domingo, were not placed in
guilty of homicide, the rest acquitted. double jeopardy because, from the very beginning, the lower
- People trying to revive the case. CA dismisses tribunal had acted without jurisdiction. Verily, any ruling issued
petition for certiorari on the ground of double without jurisdiction is, in legal contemplation, necessarily null and
jeopardy. void and does not exist. In criminal cases, it cannot be the source of
an acquittal.
4 Sevilla v - Sevilla is councilor of Malabon city. - Should be reckless imprudence resulting in falsification of
People - On first day on the job, has to fill out personal public document.
data sheet. Asks Mendoza, a member of his staff, to - A variance exists between the offense alleged against Sevilla
do it for him. Mendoza mistakenly answers “no” and that proved by the prosecution
to question on pending criminal cases (there was - The greater includes the lesser offense.
pending case against Sevilla for assault). Sevilla - Reckless imprudence resulting to falsification of public
does not check answers and submits PDS. documents is an offense that is necessarily included in the
- Charged with falsification of public document. willful act of falsification of public documents, the latter being
“Willfully, unlawfully, feloniously…” the greater offense.
- Sandiganbayan does not convict him of
falsification of public document for lack of
malicious intent. Instead, finds him guilty of
falsification of public document through reckless
imprudence.
- Cannot convict him of reckless imprudence
when he was charged with an intentional felony?
7 Pobre v CA - Ovalles charged with parricide. - Should not have fixed bail. It does not mean however that since the
- Evidence of guilt is strong, so should not be granted accused is not entitled to bail at any stage of the trial, a grant thereof
MR is a bail. can be questioned any time and without regard to the period of filing
prerequisite - June 29: motion to fix bail granted. provided by the Rules of Court. Rules of procedure, especially those
for rule 65. - July 17: Atty Aglipay (private prosec) recives notice prescribing the time within which certain acts must be done, have oft
of June 29 order. been held as absolutely indispensable to the prevention of needless
- July 30: Aglipay files motion contesting June 29 delays and to the orderly and speedy discharge of business.
order. - An order granting bail is an interlocutory order. It does not attain
- Sept 28: July 30 motion denied. finality since there leaves something else to be done by the trial court
- Oct 12: Aglipay recieves notice of Sept 28 order. with respect to the merits of the case.
- Dec 11: certiorari with CA. - Can be questioned via a special civil action for certiorari under Rule 65
- Argument: since bail should not have been fixed, of the Rules of Court. Period for filing – 60 days.
grant was null and void. Cannot reach finality and - July 17 to 30= 13 days. Oct 12 to Dec 11= 60 days. 13 days late.
may be questioned even beyond reglamentary period. - However, during pendency of case, new rule to be applied
retroactively – period starts fresh from denial of earlier MR.
- Dec 11 was thus 60th day. Filed on time.
9 People v - Latayada is found guilty of carnapping with - Guilty of homicide only and not carnapping with homicide.
Latayada homicide. Sentenced to death. Carnapping not sufficiently proved. Sentenced to 14y imprisonment.
- After prosecution rested its case, Latayada escaped - When an appellant escapes detention pending appeal, the appeal is
from prison and remained at large. normally dismissed, and the lower court’s judgment thus becomes
- Automatic review. final and executory. However, this rule does not apply to death cases,
in which an automatic review is mandated by law even if appellant
has absconded.
11 Quesada v - Quesada charged with estafa. - A petition for certiorari under Rule 65 must be filed with the CA
DOJ - Defense: failed to deliver telecommunication device whose decision may then be appealed to this Court by way of a
offered to complainant because FOM Phil ran out. petition for review on certiorari under Rule 45. A direct recourse to
Only acted as sales agent of FOM, and not as this Court is warranted only where there are special and compelling
president of own corporation. reasons specifically alleged in the petition to justify such action.
- Estafa information filed anyway by prosec. - Here, we cannot discern any special and compelling reason to justify
- Quesada files petition for review with DOJ (ground: the direct filing with this Court of the present petition. Clearly, it
lack of deceit). Denied. should be dismissed outright.
- Quesada files petition for certiorari with SC. - Present petition was directly filed with this Court, in utter violation of
the rule on hierarchy of courts.
13 Macapagal v - Macapagal is found guilty of estafa. - Petition dismissed for complete disregard of procedural rules.
People - Files MR. Denied. Filed notice of appeal. Denied for - (1) Availed of wrong mode of appeal. Rule 45 is for decisions or final
being filed out of time. orders. Order denying notice of appeal is not decision or final order,
- Filed review on certiorari under Rule 45 with SC, and ROC provide that it cannot be appealed. Instead, special civil
assailing conviction for estafa, denial of MR, denial action under Rule 65.
of notice of appeal. - (2) Violated hierarchy of courts. Direct resort to this Court is allowed
only if there are special, important and compelling reasons clearly and
specifically spelled out in the petition, which are not present in this
case.
- (3) Failed to attach clearly legible duplicate original/certified true
copy of order convicting her of estafa and denial of MR.
- (4) Several times ordered by court to comply with rules, but
constantly gave excuses. Even when counsel withdrew from case
after efforts to contact client proved futile and Macapagal contacted
directly by SC, still did not comply with rules.