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Republic of the Philippines
SUPREME COURT
Manila
EN BANC
G.R. No. 93177 August 2, 1991
B/GEN. JOSE COMENDADOR, B/GEN, MARIELO BLANDO, CAPT. DANILO PIZARRO, CAPT. MANUEL ISON, COL.
LUISITO SANCHEZ, LTC. ROMELINO GOJO, LTC. ARSENIO TECSON, LTC. RAFAEL GALVEZ, LTC. TIBURCIO
FUSILLERO, LTC. ERICSON AURELIO, LTC. JACINTO LIGOT LTC. FRANKLIN BRAWNER, MAJ. ALFREDO OLIVEROS,MAJ. CESAR DE LA PERA, MAJ. LEUVINO VALENCIA, CAPT. FLORENCIO FLORES, CAPT. JAIME JUNIO, CAPT. DANILO
LIM, CAPT . ELMER AMON, CAPT. VERGEL NACINO, and LT. JOEY SARROZA, petitioners,
vs.
GEN. RENATO S. DE VILLA, CHIEF OF STAFF, AFP, THE PTI INVESTIGATING PANEL COMPOSED OF: COL. MANUEL S.
MENDIOLA, COL. VIRTUD NORBERTO L. DAGZA MAJ. FELIX V. BALDONADO and MAJ. ESTELITO L. PORNEA and
GENERAL COURT-MARTIAL NO. 14 COMPOSED OF: B/GEN. DEMETRIO CAMUA COL. HERMINIO A. MENDOZA,
COL. ERNESTO B. YU, COL. ROMEO ODI, COL. WILLY FLORENDO, COL. DIONY A. VENTURA and CAPT. FRANCISCO
T. MALLILLIN, respondents.
No. 95020 August 2, 1991
B/GEN. DEMETRIO CAMUA, COL. HERMIMO A. MENDOZA, COL. ERNESTO B. YU, COL. ROMEO ODI, COL. WILLY
FLORENDO, COL. DIONY A. VENTURA, and CAPT . FRANCISCO T. MALLILLIN, petitioners,
vs.
HON. MIANO C. ASUNCION, Presiding Judge, Branch 104, REGIONAL TRIAL COURT, Q.C., LTC. JACINTO LIGOT
PA., respondents.
No. 96948 August 2, 1991
B/GEN. JOSE COMENDADOR, B/GEN. MARCELO BLANDO, CAPT. DANILO PIZARRO PN, CAPT. MANUEL ISON PN,
LTC. ROMELINO GOJO PN (M), LTC. ARSENIO TECSON PA, LTC. RAFAEL GALVEZ PA, LTC. TIBURCIO FUSILLERO PA,
LTC. ERICSON AURELIO PA, LTC. JACINTO LIGOT PA, LTC. FRANKLIN BRAWNER PA, MAJ. ALFREDO OLIVEROS PA,
MAJ. CESAR DE LA PENA PN (M): MAJ. LEUVINO VALENCIA PA, CAPT. FLORENCIO FLORES PA, CAPT. JAIME JUNIO
PA, CAPT. DANILO LIM PA, CAPT. ELMER AMON PAF CAPT. VERGEL NACINO, and LT. JOEY SARROZA, petitioners,
vs.
B/GEN. DEMETRIO CAMUA COL. HERMINIO A. MENDOZA, COL. ERNESTO B. YU, COL. ROMEO ODI COL. WILLY
FLORENDO, COL. DIONY A. VENTURA, and CAPT. FRANCISCO T. MALLILLIN PRESIDENT AND MEMBERS OF
GENERAL COURT-MARTIAL NO. 14, respondents.
No. 97454 August 2, 1991
AFP CHIEF OF STAFF LT. GEN. RODOLFO BIAZON, DEPUTY CHIEF OF STAFF MAJOR GEN. ALEXANDER AGUIRRE,
PNP DIRECTOR GENERAL MAJOR GEN. CESAR NAZARENO and LT. COL. ALBERTO OLARIO, Commanding Officer of
the PNP/INP Detention Center/Jail, pet
vs.
HON. ANTONIO P. SOLANO, Presiding Judge, Regional Trial Court, Quezon City, Branch 86, CAPTAIN REYN
RAFAEL, 1 LT SERVANDO A. BAOANAN PN(M), 1 LT. WILFREDO JIMENEZ PAF 1 LT. ATANACIO T. MACA
PMM 2LT ELISEO T. RASCO PC, 2LT JONAS CALLEJA PC, 2LT JAIRUS JS GELVEZON III PMM 2LT JOSELITO CA
PMM 2LT MEMEL ROJAS PN(M) and 2LT HERMINIO L. CANTACO PC, respondents.
Armando M. Marcelo and Rainier L. Madrid for petitioners Luisito Sanchez, Tiburcio Fusillero, Ericson
Levino Valencia, Danilo Arnon Vergel Nacino, Florencio Flores, Benigno Junio and Joey Sarroza.
Manuel Q. Malvar for Rafael Galvez and Danny Lim.
Manuel E. Valenzuela for Arsenio Tecson
Mariano R. Santiago for Alfredo Oliveros.
Ricardo J.M. Rivera for Manuel Ison.
Castillo, Laman, Tan and Pantaleon for Danilo Pizarro.
Alfredo Lazaro for Romelino Gojo.
Manuel A. Barcelona, Jr. for Jose Comendador.
Jonathan B.S. Rebong and Efren C. Carag for Marcelo Blando.
Pablito V. Sanidad for Franklin Brawner and Ericson Aurelio.
Efren C. Moncupa for All Tecson.
M.M. Lazaro & Associates for respondents Ligot and Ison .
Baldomero S.P. Gatbonton, Jr. for Jacinto Ligot.
Salvador B. Britanico for Cesar de la Pena.
Gilbert R.T. Reyes for Danilo Pizarro.
Ponce Enrile, Cayetano, Reyes & Manalastas for petitioners in G.R. No. 93177.
The Solicitor General for respondents.
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CRUZ, J.:p
These four cases have been consolidated because they involve practically the same parties and related issues
arising from the same incident.
The petitioners in G.R. Nos. 93177 and 96948 and the private respondents in G.R. Nos. 95020 and 97454 are
officers of the Armed Forces of the Philippines facing prosecution for their alleged participation in the failed coup
d' etat that took place on December 1 to 9, 1989.
The charges against them are violation of Articles of War (AW) 67 (Mutiny), AW 96 (Conduct Unbecoming an
Officer and a Gentleman) and AW 94 (Various Crimes) in relation to Article 248 of the Revised Penal Code
(Murder).
In G.R. No. 93177, which is a petition for certiorari, prohibition and mandamus, they are questioning the conduct
of the Pre-Trial Investigation PTI Panel constituted to investigate the charges against them and the creation of
the General Court Martial GCM convened to try them.
In G.R. No. 96948, the petitioners, besides challenging the legality of GCM No. 14, seek certiorari against its
ruling denying them the right to peremptory challenge as granted by Article 18 of Com. Act No. 408.
In G.R. No. 95020, the orders of the respondent judge of the Regional Trial Court of Quezon City are assailed
oncertiorari on the ground that he has no jurisdiction over GCM No. 14 and no authority either to set aside its
ruling denying bail to the private respondents.
In G.R. No. 97454, certiorari is also sought against the decision of the Regional Trial Court of Quezon City in a
petition for habeas corpus directing the release of the private respondents. Jurisdictional objections are likewise
raised as in G.R. No. 95020.
I
Before the charges were referred to GCM No. 14, a Pre-Trial Investigation PTI Panel had been constituted
pursuant to Office Order No. 16 dated January 14, 1990, to investigate the petitioners in G.R. Nos. 93177 and
96948. The PTI Panel issued a uniform subpoena dated January 30, 1990, individually addressed to the
petitioners, to wit:
You are hereby directed to appear in person before the undersigned Pre-Trial Investigating
Officers on 12 Feb 90 9:00 a.m. at Kiangan Hall, Camp Crame Quezon City, then and there tosubmit your counter-affidavit and the affidavits of your witnesses, if any, in the pre-trial
investigation of the charge/charges against you for violence of AWs _______________. DO
NOT SUBMIT A MOTION TO DISMISS.
Failure to submit the aforementioned counter-affidavits on the date above specified
deemed a waiver of your right to submit controverting evidence.
On the same date, the petitioners acknowledged receipt of a copy of the charge sheet, sworn statem
witnesses, and death and medical certificates of victims of the rebellion.
At the first scheduled hearing, the petitioners challenged the proceedings on various grounds, promptin
Panel to grant them 10 days within which to file their objections in writing This was done through a Mo
Summary Dismissal dated February 21, 1990.
In a resolution dated February 27,1990, the PTI Panel denied the motion and gave the petitioners 5 danotice to submit their respective counter-affidavits and the affidavits of their witnesses.
On March 7, 1990, the petitioners verbally moved for reconsideration of the foregoing denial and the P
gave them 7 days within which to reduce their motion to writing. This was done on March 14,1990.
The petitioners now claim that there was no pre-trial investigation of the charges as mandated by Articl
71, which provides:
Art. 71. Charges Action upon. Charges and specifications must be signed by a
subject to military law, and under the oath either that he has personal knowledge o
investigated, the matters set forth therein and that the same are true in fact, to the
his knowledge and belief.
No charge will be referred to a general court-martial for trial until after a thoroimpartial investigation thereof shall have been made. This investigation will include i
as to the truth of the matter set forth in said charges, form of charges, and what dis
of the case should be made in the interest of justice and discipline. At such investiga
opportunity shall be given to the accused to cross-examine witnesses against him if t
available and to present anything he may desire in his own behalf, either in def
mitigation, and the investigating officer shall examine available witnesses requeste
accused. If the charges are forwarded after such investigation, they shall be accompa
a statement of the substance of the testimony taken on both sides. (Emphasis supplie
They also allege that the initial hearing of the charges consisted merely of a roll call and that no pro
witnesses were presented to reaffirm their affidavits. while the motion for summary dismissal was den
motion for reconsideration remains unresolved to date and they have not been able to submit their c
affidavits.
At the hearing of May 15, 1990, the petitioners in G.R. No. 96948 manifested that they were exercis
right to raise peremptory challenges against the president and members of GCM No.14. They invoked A
of Com. Act No. 408 for this purpose. GCM No. 14 ruled, however, that peremptory challenges ha
discontinued under P.D. No. 39.
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In G.R. No. 95020, Ltc Jacinto Ligot applied for bail on June 5, 1990, but the application was denied by GCM
No.14. He thereupon filed with the Regional Trial Court of Quezon City a petition
for certiorari and mandamus with prayer for provisional liberty and a writ of preliminary injunction. After
considering the petition and the answer thereto filed by the president and members of GCM No.14, Judge
Maximiano C. Asuncion issued an order granting provisional liberty to Ligot.
On July 28, 1990, Ligot filed an urgent omnibus motion to enforce the order for his release and to declare in
contempt the commanding officer of the PC/INP Jail for disobey 'ng the said order. He later also complained that
Generals De Villa and Aguirre had refused to release him "pending final resolution of the appeal to be taken" to
this Court.
After hearing, the trial court reiterated its order for the provisional liberty of Ligot, as well as of intervenors Ltc
Franklin Brawner, Lt/Col. Arsenio Tecson and Maj. Alfredo Oliveros, and later of additional intervenors Ltc
Romelino Gojo and Capt. Manuel Ison.
On August 22, 1990, the trial court rendered judgment inter alia:
(a) Declaring, that Section 13, Article III of the Constitution granting the right to bail to all
persons with the defined exception is applicable and covers all military men facing court-
martial proceedings. Accordingly, the assailed orders of General Court- Martial No. 14
denying bail to petitioner and intervenors on the mistaken assumption that bail does not
apply to military men facing court-martial proceedings on the ground that there is no
precedent, are hereby set aside and declared null and void. Respondent General Court-
Martial No. 14 is hereby directed to conduct proceedings on the applications of bail of the
petitioner, intervenors and which may as well include other persons facing charges before
General Court-Martial No. 14.
Pending the proceedings on the applications for bail before General Court-Martial No. 14,
this Court reiterates its orders of release on the provisional liberty of petitioner Jacinto Ligot
as well as intervenors Franklin Brawner and Arsenio Tecson.
On February 18, 1991, the private respondents in G.R. No. 97454 filed with this Court a petition for habeas
corpuson the ground that they were being detained in Camp Crame without charges. The petition was referred
to the Regional Trial Court of Quezon City, where it was raffled to respondent Judge Antonio P. Solano. Finding
after hearing that no formal charges had been filed against the petitioners after more than a year after their
arrest, the trial court ordered their release.
II
The Court has examined the records of this case and rules as follows.
It appears that the petitioners in G.R. Nos. 93177 and 96948 were given several opportunities to present their
side at the pre-trial investigation, first at the scheduled hearing of February 12, 1990, and then again after the
denial of their motion of February 21, 1990, when they were given until March 7, 1990, to submit their counter-
affidavits. On that date, they filed instead a verbal motion for reconsideration which they were again a
submit in writing. This they did on March 13, 1990. The motion was in effect denied when the PTI Panel
to recommend that the charges be referred to the General Court Martial for trial.
The said petitioners cannot now claim they have been denied due process because the investigat
resolved against them owing to their own failure to submit their counter-affidavits. They had been e
warned In the subpoena sent them that "failure to submit the aforementioned counter-affidavits on t
above specified shall be deemed a waiver of (their) right to submit controverting evidence." They chos
heed the warning. As their motions appeared to be dilatory, the PTI Panel was justified in referring the
to GCM No. 14 without waiting for the petitioners to submit their defense.
Due process is satisfied as long as the party is accorded an opportunity to be heard. If it is not availed
deemed waived or forfeited without violation of the Bill of Rights.
There was in our view substantial compliance with Article of War 71 by the PTI Panel. Mor eover, it is now
that "even a failure to conduct a pre-trial investigation does not deprive a general court- martial of juris
We so held in Arula v. Espino,1thus:
xxx xxx xxx
But even a failure to conduct a pre-trial investigation does not deprive a genera
martial of jurisdiction.
The better accepted concept of pre-trial investigation is that it is directory, not man
and in no way affects the jurisdiction of a court-martial. In Humphrey v. Smith, 336 U
93 L ed 986 (1949), the Court said:
We do not think that the pre-trial investigation procedure by A
(The Philippine counter-part is article of war 71, Commonwealth
can properly be construed as an indispensable pre-requisite
exercise of the Army General court martial jurisdiction.. The Arti
serve important functions in the administration of court
procedures and does provide safeguards to an accused. Its lan
clearly such that a defendant could object to trial in the absenc
required investigation. In that event the court-martial cou
postpone trial pending the investigation. And the military re
authorities could consider the same contention, reversing a court
conviction where failure to comply with Article 70 has subs
injured an accused. But we are not persuaded that Congress inte
make otherwise valid court-martial judgments wholly void becatrial investigations fall short of the standards prescribed by Ar
That Congress has not required analogous pre-trial procedure f
court-martial is an indication that the investigatory plan was not i
to be exalted to the jurisdictional level.
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xxx xxx xxx
Shortly after enactment of Article 70 in 1920 the Judge Advocate General
of the Army did hold that where there had been no pre-trial
investigation, court-martial proceedings were void ab initio. But this
holding has been expressly repudiated in later holdings of the Judge
Advocate General. This later interpretation has been that the pre-trial
requirements of Article 70 are directory, not mandatory, and in no way
effect the jurisdiction of a court-martial. The War Department's
interpretation was pointedly called to the attention of Congress in 1947
after which Congress amended Article 70 but left unchanged the
language here under consideration. compensable pre-requisite to theexercise of Army general court-martial jurisdiction
A trial before a general court-martial convened without any pretrial investigation under
article of war 71 would of course be altogether irregular but the court-martial might
nevertheless have jurisdiction. Significantly, this rule is similar to the one obtaining in
criminal procedure in the civil courts to the effect that absence of preliminary investigation
does not go into the jurisdiction of the court but merely to the regularity of the proceedings.
As to what law should govern the conduct of the preliminary investigation, that issue was resolved more than
two years ago in Kapunan v. De Villa,2where we declared:
The Court finds that, contrary to the contention of petitioners, there was substantial
compliance with the requirements of law as provided in the Articles of War and P.D. No. 77,
as amended by P.D. No. 911. The amended charge sheets, charging petitioners and their co-respondents with mutiny and conduct unbecoming an officer, were signed by Maj. Antonio
Ruiz, a person subject to military law, after he had investigated the matter through an
evaluation of the pertinent records, including the reports of respondent AFP Board of
Officers, and was convinced of the truth of the testimonies on record. The charge sheets
were sworn to by Maj. Ruiz, the "accuser," in accordance with and in the manner provided
under Art. 71 of the Articles of War. Considering that P.D. No. 77, as amended by P.D. No.
911, is only of suppletory application, the fact that the charge sheets were not certified in the
manner provided under said decrees, i.e., that the officer administering the oath has
personally examined the affiant and that he is satisfied that they voluntarily executed and
understood its affidavit, does not invalidate said charge sheets. Thereafter, a "pretrial
investigation" was conducted by respondent Maj. Baldonado, wherein, pursuant to P.D. No.
77, as amended by P.D. No. 911, petitioners were subpoenaed and required to file their
counter-affidavit. However, instead of doing so, they filed an untitled pleading seeking the
dismissal of the charges against them. That petitioners were not able to confront the
witnesses against them was their own doing, for they never even asked Maj. Baldonado tosubpoena said witnesses so that they may be made to answer clarificatory questions in
accordance with P. D, No. 77, as amended by P.D. No. 911.
The petitioners also allege that GCM No. 14 has not been constitute in accordance with Article 8 of the
of War because General Order No. M-6, which supposedly convened the body, was not signed by Gen. Re
Villa as Chief of Staff.
Article of War No. 8 reads:
Art. 8. General Courts-Martial. The President of the Philippines, the Chief of Sta
Armed Forces of the Philippines, the Chief of Constabulary and, when empowered
President, the commanding officer of a major command or task force, the comm
officer of a division, the commanding officer of a military area, the superintenden
Military Academy, the commanding officer of a separate brigade or body of troo
appoint general courts-martial; but when any such commander is the accuser
prosecutor of the person or persons to be tried, the court shall be appointed by s
competent authority. ...
While it is true that General Order No. M -6 was not signed by Gen. De Villa, there is no doubt that he au
it because the order itself said it was issued "By Command of General De Villa" and it has not been show
spurious. As observed by the Solicitor General, the Summary Disposition Form showed that Gen. De
Chief of Staff, AFP, actually constituted GCM No. 14 and appointed its president and members. It is sig
that General De Villa has not disauthorized or revoked or in any way disowned the said order, as he
certainly have done if his authority had been improperly invoked. On the contrary, as the principal respo
G.R. No. 93177, he sustained General Order No. M 6 in the Comment filed for him and the other respon
the Solicitor General.
Coming now to the right to peremptory challenge, we note that this was originally provided for under A
of Com. Act No. 408 (Articles of War), as amended by Rep. Act No. 242, on June 12, 1948, to wit:
Art. 18. Challenges. Members of general or special courts-martial may be challe
the accused or the trial judge advocate for cause stated to the court. The cou
determine the relevancy and validity thereof, and shall not receive a challenge to mo
one member at a time. Challenges by the trial judge advocate shall ordinarily be pr
and decided before those by the accused are offered. Each side shall be entitled
peremptory challenge, but the law member of the court shall not be challenged ex
cause.
The history of peremptory challenge was traced in Martelino v. Alejandro,3thus:
In the early formative years of the infant Philippine Army, after the passage in
Commonwealth Act No. 1 (otherwise known as the National Defense Act), exce
handful of Philippine Scout officers and graduates of the United States military anacademies who were on duty with the Philippine Army, there was a complete de
officers learned in military law, its aside from the fact that the officer corps of the de
army was numerically made equate for the demands of the strictly military aspect
national defense program. Because of these considerations it was then felt that pere
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challenges should not in the meanwhile be permitted and that only challenges for cause, in
any number, would be allowed. Thus Article 18 of the Articles of War (Commonwealth Act
No. 408), as worded on September 14, 1938, the date of the approval of the Act, made no
mention or reference to any peremptory challenge by either the trial judge advocate of a
court- martial or by the accused. After December 17,1958, when the Manual for Courts-
Martial of the Philippine Army became effective, the Judge Advocate General's Service of the
Philippine Army conducted a continuing and intensive program of training and education in
military law, encompassing the length and breadth of the Philippines. This program was
pursued until the outbreak of World War 11 in the Pacific on December 7, 1941. After the
formal surrender of Japan to the allies in 1945, the officer corps of the Armed Forces of the
Philippines had expanded to a very large number, and a great many of the officers had been
indoctrinated in military law. It was in these environmental circumstances that Article of War18 was amended on June 12,1948 to entitle "each side" to one peremptory challenge, with
the sole proviso that "the law member of court shall not be challenged except for cause.
On September 27,1972, President Marcos issued General Order No. 8, empowering the Chief of Staff of the
Armed Forces to create military tribunals "to try and decide cases of military personnel and such other cases as
may be referred to them.
On November 7,1972, he promulgated P.D. No. 39 (Governing the Creation, Composition, Jurisdiction,
Procedure, and other matters relevant to military Tribunals). This decree disallowed the peremptory challenge,
thus:
No peremptory challenge shall be allowed. Challenges fo r cause may be entertained to insure
impartiality and good faith. Challenges shall immediately be heard and determined by a
majority of the members excluding the challenged member. A tie vote does not disqualify the
challenged member. A successfully challenged member shall be immediately replaced.
On June 11, 1978, President Marcos promulgated P.D. No. 1498, or the National Security Code, which was a
compilation and codification of decrees, general orders, LOI and policies intended "to meet the continuing
threats to the existence, security and stability of the State." The modified rule on challenges under P.D. No. 39
was embodied in this decree.
On January 17,1981, President Marcos issued Proc. No. 2045 proclaiming the termination of the state of martial
law throughout the Philippines. The proclamation revoked General Order No. 8 and declared the dissolution of
the military tribunals created pursuant thereto upon final determination of the cases pending therein.
P.D. No. 39 was issued to implement General Order No. 8 and the other general orders mentioned therein. With
the termination of martial law and the dissolution of the military tribunals created thereunder, the reason for
the existence of P.D. No. 39 ceased automatically.
It is a basic canon of statutory construction that when the reason of the law ceases, the law itself
ceases.Cessante ratione legis, cessat ipsa lex. This principle is also expressed in the maxim ratio legis est
anima: the reason of law is its soul.
Applying these rules, we hold that the withdrawal of the right to peremptory challenge in L P.D. No. 39 b
ineffective when the apparatus of martial law was dismantled with the issuance of Proclamation No. 20
result, the old rule embodied in Article 18 of Com. Act No. 408 was automatically revived and now agai
the right to peremptory challenge.
We do not agree with the respondents in G.R. No. 96948 that the right to peremptory challenge
withdrawn under P.D. No. 39. To repeat for emphasis, this decree was itself withdrawn when martial
lifted on January 17, 1981. Indeed, even if not so withdrawn, it could still be considered no longer op
having been cast out under the new dispensation as, in the words of the Freedom Constitution, one
"iniquitous vestiges of the previous regime.
The military tribunal was one of the most oppressive instruments of martial law. It is curious that the
government should invoke the rules of that discredited body to justify its action against the acc used offic
The Court realizes that the recognition of the right to peremptory challenge may be exploited by a respo
a court-martial trial to delay the proceedings and defer his deserved Punishment. It is hoped that the
officers in the cases at bar will not be so motivated. At any rate, the wisdom of Com. Act No. 408, in the
present circumstances, is a matter addressed to the law-makers and not to this Court. The judiciary
interpret and apply the laws without regard to its own misgivings on their adverse effects. This is a prob
the political departments can resolve.
The petitioners in G.R. Nos. 95020 and 97454 question the propriety of the petition for certiorari and ma
and the petition for habeas corpus filed by the private respondents with the Regional Trial Courts of Que
It is argued that since the private respondents are officers of the Armed Forces accused of violation
Articles of War, the respondent courts have no authority to order their release and otherwise interfere
court-martial proceedings.
The petitioners further contend that under Sec. 9(3) of BP 1 29, the Court of Appeals is vested with "e
appellate jurisdiction over all final judgments, decisions, resolutions, orders, or awards of Regional Tria
and quasi-judicial agencies, instrumentalities, boards or commissions." Rather irrelevantly, the petition
cite the case of Yang v. Court of Appeals4where this Court held that "appeals from the Professional Re
Commission are now exclusively cognizable by the Court of Appeals.
It should be noted that the aforecited provision and the case cited refer to ordinary appeals and no
remedies employed by the accused officers before the respondent courts.
In Martelino, we observed as follows:
It is true that civil courts as a rule exercise no supervision or correcting power o
proceedings of courts-martial, and that mere errors in their proceedings are not consideration. The single inquiry, the test, is jurisdiction. But it is equally true tha
exercise of their undoubted discretion, courts-martial may commit such an a
discretion what in the language of Rule 65 is referred to as "grave abuse of discre
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as to give rise to a defect in their jurisdiction. This is precisely the point at issue in this action
suggested by its nature as one for certiorari and prohibition ... .
The Regional Trial Court has concurrent jurisdiction with the Court of Appeals and the Supreme Court over
petitions for certiorari, prohibition or mandamus against inferior courts and other bodies and on petitions
forhabeas corpus and quo warranto.5In the absence of a law providing that the decisions, orders and ruling of a
court-martial or the Office of the Chief of Staff can be questioned only before the Court of Appeals and the
Supreme Court, we hold that the Regional Trial Court can exercise similar jurisdiction.
We find that the right to bail invoked by the private respondents in G.R. Nos. 95020 has traditionally not been
recognized and is not available in the military, as an exception to the general rule embodied in the Bill of Rights.
This much was suggested in Ar ula, where we observed that "the right to a speedy trial is given more emphasis inthe military where the right to bail does not exist.
The justification for this exception was well explained by the Solicitor General as follows:
The unique structure of the military should be enough reason to exempt military men from
the constitutional coverage on the right to bail.
Aside from structural peculiarity, it is vital to note that mutinous soldiers operate within the
framework of democratic system, are allowed the fiduciary use of firearms by the
government for the discharge of their duties and responsibilities and are paid out of
revenues collected from the people. All other insurgent elements carry out their activities
outside of and against the existing political system.
xxx xxx xxx
National security considerations should also impress upon this Honorable Court that release
on bail of respondents constitutes a damaging precedent. Imagine a scenario of say 1,000
putschists roaming the streets of the Metropolis on bail, or if the assailed July 25,1990 Order
were sustained, on "provisional" bail. The sheer number alone is already discomforting. But,
the truly disquieting thought is that they could freely resume their heinous activity which
could very well result in the overthrow of duly constituted authorities, including this
Honorable Court, and replace the same with a system consonant with their own concept of
government and justice.
The argument that denial from the military of the right to bail would violate the equal protection clause is not
acceptable. This guaranty requires equal treatment only of persons or things similarly situated and does not
apply where the subject of the treatment is substantially different from others. The accused officers can
complain if they are denied bail and other members of the military are not. But they cannot say they have beendiscriminated against because they are not allowed the same ri ght that is extended to civilians.
On the contention of the private respondents in G.R. No. 97454 that they had not been charged after m
one year from their arrest, our finding is that there was substantial compliance with the requirement
process and the right to a speedy trial.
The petition for habeas corpus was directly filed with this Court on February 18, 1991, and was referred
Regional Trial Court of Quezon City for raffle, hearing and decision. It was heard on February 26, 1991
respondent court, where the petitioners submitted the charge memorandum and specifications aga
private respondents dated January 30, 1991. On February 12, 1991, pursuant to Office Order No. 31-91
panel was created and initial investigation was scheduled on March 12, 1991 at 2:00 p.m. On March 20
the private respondents received the copies of the charges, charge sheets and specifications and were r
to submit their counter-affidavits on or before April 11, 1991. There was indeed a delay of more than on
the investigation and preparation of the charges against the private respondents. However, this was eby the Solicitor General thus:
... The AFP Special Investigating Committee was able to complete it pre-charge inves
only after one (1) year because hundreds of officers and thousands of enlisted me
involved in the failed coup. All of them, as well as other witnesses, had to be intervie
investigated, and these inevitably took months to finish. The pre-charge investigat
rendered doubly difficult by the fact that those involved were dispersed and sc
throughout the Philippines. In some cases, command units, such as the Scout Range
already been disbanded. After the charges were completed, the same still had to pas
and approval by the AFP Chief of Staff.
While accepting this explanation, the Court nevertheless must reiterate the following admonition:
This Court as protector of the rights of the people, must stress the point thaparticipation of petitioner in several coup attempts for which he is confined on o
Adjutant General Jorge Agcaoili cannot be established and no charges can be filed
him or the existence of a prima facie case warranting trial before a military comm
wanting, it behooves respondent then Major General Rodolfo Biazon (now Gen
release petitioner. Respondents must also be reminded that even if a military o
arrested pursuant to Article 70 of then Articles of War, indefinite confinemen
sanctioned, as Article 71 thereof mandates that immediate steps must be taken to
person accused or to dissmiss the charge and release him. Any officer who is respon
unnecessary delay in investigating or carrying the case to a final conclusion may e
punished as a court martial may direct.6
It should be noted, finally, that after the decision was rendered by Judge Solano on February 26, 19
government filed a notice of appeal ad cautelam and a motion for reconsideration, the latter was ult
denied, after hearing, on March 4, 1991. The 48- hour period for appeal under Rule 41, Section 18, of t
of Court did not run until after notice of such denial was received by the petitioners on March 12, 1991. Cto the private respondents' contention, therefore, the decision had not yet become final and executory w
special civil action in G.R. No. 97454 was filed with this Court on March 12, 1991.
III
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Regarding the propriety of the petitions at bar, it is well to reiterate the following observations of the Court in
Arula:
The referral of charges to a court-martial involves the exercise of judgment and discretion
(AW 71). A petition for certiorari, in order to prosper, must be based on jurisdictional
grounds because, as long as the respondent acted with jurisdiction, any error committed by
him or it in the exercise thereof will amount to nothing more than an error of judgment
which may be reviewed or corrected only by appeal. Even an abuse of discretion is not
sufficient by itself to justify the issuance of a writ ofcertiorari.
As in that case, we find that the respondents in G.R. No. 93177 have not acted with grave abuse of discretion or
without or in excess of jurisdiction to justify the intervention of the Court and the reversal of the actscomplained of by the petitioners. Such action is indicated, however, in G.R. No. 96948, where we find that the
right to peremptory challenge should not have been denied, and in G.R. Nos. 95020 and 97454, where the
private respondents should not have been ordered released.
ACCORDINGLY, in G.R. No. 93177, the petition is DISMISSED for lack of merit. In G.R. No. 96948, the petition is
GRANTED, and the respondents are DIRECTED to allow the petitioners to exercise the right of peremptory
challenge under Article 18 of the Articles of War. In G.R. Nos. 95020 and 97454, the petitions are also GRANTED,
and the orders of the respondent courts for the release of the private respondents are hereby REVERSED and SET
ASIDE. No costs.
SO ORDERED.
Fernan, C.J., Narvasa, Melencio-Herrera, Gutierrez, Jr., Paras, Feliciano, Gancayco, Padilla, Bidin, Grio-Aquino,
Medialdea, Regalado and Davide, Jr., JJ., concur.
Facts: The petitioners in G.R. Nos. 93177 and 96948 who are officers of the AFP were directed to appear in
person before the Pre-Trial Investigating Officers for the alleged participation the failed coup on December 1 to
9, 1989. Petitioners now claim that there was no pre-trial investigation of the charges as mandated by Article of
War 71. A motion for dismissal was denied. Now, their motion for reconsideration. Alleging denial of due
process.
In G.R. No. 95020, Ltc Jacinto Ligot applied for bail on June 5, 1990, but the application was denied by GCM
No.14. He filed with the RTC a petition for certiorari and mandamus with prayer for provisional liberty and a writof preliminary injunction. Judge of GCM then granted the provisional liberty. However he was not released
immediately. The RTC now declared that even military men fac ing court martial proceedings can avail the right to
bail.
The private respondents in G.R. No. 97454 filed with SC a petition for habeas corpus on the ground th
were being detained in Camp Crame without charges. The petition was referred to RTC. Finding after
that no formal charges had been filed against the petitioners after more than a year after their arrest, t
court ordered their
Issues:
(1) Whether or Not there was a denial of due
(2) Whether or not there was a violation of the accused right to
Held: NO denial of due process. P etitioners were given several opportunities to present their side at the
investigation, first at the scheduled hearing of February 12, 1990, and then again after the denial of their
of February 21, 1990, when they were given until March 7, 1990, to submit their counter-affidavits. On th
they filed instead a verbal motion for reconsideration which they were again asked to submit in writi
had been expressly warned in the subpoena that "failure to submit counter-affidavits on the date specif
be deemed a waiver of their right to submit controverting evidence." Petitioners have a right to pre-e
challenge. (Right to challenge validity of members of
It is argued that since the private respondents are officers of the Armed Forces accused of violation
Articles of War, the respondent courts have no authority to order their release and otherwise interfere
court-martial proceedings. This is without merit. * The Regional Trial Court has concurrent jurisdiction w
Court of Appeals and the Supreme Court over petitions for certiorari, prohibition or mandamus against
courts and other bodies and on petitions for habeas corpus and quo w
The right to bail invoked by the private respondents has traditionally not been recognized and is not ava
the military, as an exception to the general rule embodied in the Bill of Rights. The right to a speedy tria
more emphasis in the military where the right to bail does not
On the contention that they had not been charged after more than one year from their arrest, th
substantial compliance with the requirements of due process and the right to a speedy trial. The AFP
Investigating Committee was able to complete the pre-charge investigation only after one year
hundreds of officers and thousands of enlisted men were involved in the failed
Accordingly, in G.R. No. 93177, the petition is dismissed for lack of merit. In G.R. No. 96948, the pe
granted, and the respondents are directed to allow the petitioners to exercise the right of peremptory c
under article 18 of the articles of war. In G.R. Nos. 95020 and 97454, the petitions are also granted,
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orders of the respondent courts for the release of the private respondents are hereby reversed and set aside. No
costs.
Republic of the Philippines
SUPREME COURT
Manila
SECOND DIVISION
G.R. No. 115407 August 28, 1995
MIGUEL P. PADERANGA, petitioner,
vs.
COURT OF APPEALS and PEOPLE OF THE PHILIPPINES, respondents.
REGALADO, J.:
The adverse decision in this case promulgated by respondent Court of Appeals in CA-G.R. SP No. 32233
on November 24, 1993, as well as its resolution of April 26, 1994 denying the motion forreconsideration thereof, are challenged by petitioner Miguel P. Paderanga in this appeal
by certiorari through a petition which raises issues centering mainly on said petitioner's right to be
admitted to bail.
On January 28, 1990, petitioner was belatedly charged in an amended information as a co-conspirator
in the crime of multiple murder in Criminal Case No. 86-39 of the Regional Trial Court, Branch 18 of
Cagayan de Oro City for the killing of members of the Bucag family sometime in 1984 in Gingoog City of
which petitioner was the mayor at the time. The original information, filed on October 6, 1986 with the
Regional Trial Court of Gingoog City,1
had initially indicted for multiple murder eight accused suspect,
namely, Felipe Galarion, Manuel Sabit, Cesar Sabit, J ulito Ampo, Eddie Torion, John Doe, Peter Doe And
Richard Doe as the alleged conspirators in the indiscriminate slaying of the spouses Romeo and Juliet
Bucag and their son, Romeo, Jr. However, only one of the accused, Felipe Galarion, was apprehended,
tried and eventually convicted. Galarion later escaped from prison. The others have remained at large
up to the present.2
In a bizarre twist of events, one Felizardo ("Ely") Roxas was implicated in the crime. In an amended
information dated October 6, 1988, he was charged as a co-accused therein. As herein petitioner was
his former employer and thus knew him well, Roxas engaged the former's services as counsel in said
case. Ironically, in the course of the preliminary investigation therein, said accused, in a signed
dated March 30, 1989 but which he later retracted on June 20, 1990, implicated petitioner
supposed mastermind behind the massacre of the Bucag family.3
Then, upon the inhibition of the City Prosecutor of Cagayan de Oro City from the case
resolution of July 7, 1989, the Department of Justice, at the instance of said prosecutor, desig
replacement, State Prosecutor Henrick F. Gingoyon, for purposes of both the preliminary inves
and prosecution of Criminal Case No. 86-39. Pursuant to a resolution of the new prosecuto
September 6, 1989, petitioner was finally charged as a co-conspirator in said criminal case in a
amended information dated October 6, 1992. Petitioner assailed his inclusion therein as a co-
all the way to this Court in G.R. No. 96080 entitled "Atty. Miguel P. Paderanga vs. Hon. Fra
Drilon, Hon. Silvestre H. Bello III, Atty. Henrick F. Gingoyon, Helen B. Canoy and Rebecca B. Tan en banc decision promulgated on April 19, 1991, the Court sustained the f iling of the
amended information against him.4
Under this backdrop, the trial of the base was all set to start with the issuance of an arrest wa
petitioner's apprehension but, before it could be served on him, petitioner through counsel,
October 28, 1992 a motion for admission to bail with the trial court which set the same for hea
November 5, 1992. Petitioner duly furnished copies of the motion to State Prosecutor He
Gingoyon, the Regional State Prosecutor's Office, and the private prosecutor, Atty. Benjamin G
On November 5, 1992, the trial court proceeded to hear the application for bail. Four of pet
counsel appeared in court but only Assistant Prosecutor Erlindo Abejo of the Region
Prosecution's Office appeared for the prosecution.5
As petitioner was then confined at the Cagayan Capitol College General Hospital due to
costochondritis," his counsel manifested that they were submitting custody over the person
client to the local chapter president of the integrated Bar of the Philippines and that, for purp
said hearing of his bail application, he considered being in the custody of the law. Prosecutor A
the other hand, informed the trial court that in accordance with the directive of the chief
office, Regional State prosecutor Jesus Zozobrado, the prosecution was neither suppor
opposing the application for bail and that they were submitting the same to the sound discretio
trail judge.6
Upon further inquiries from the trial court, Prosecutor Abejo announced that he was waiv
further presentation of evidence. On that note and in a resolution dated November 5, 1992,
court admitted petitioner to bail in the amount of P200,000.00. The following day, November
petitioner, apparently still weak but well enough to travel by then, managed to personally
before the clerk of court of the trial court and posted bail in the amount thus fixed. He was the
arraigned and in the trial that ensued, he also personally appeared and attended all the sch
court hearings of the case.7
The subsequent motion for reconsideration of said resolution filed twenty (20) days later on November 2
by Prosecutor Gingoyon who allegedly received his copy of the petition for admission to bail on the day
hearing, was denied by the trial court in its omnibus order dated March 29, 1993. On October 1, 1993,
than six (6) months later, Prosecutor Gingoyon elevated the matter to respondent Court of Appeals th
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special civil action for certiorari. Thus were the resolution and the order of the trial court granting bail to
petitioner annulled on November 24, 1993, in the decision now under review, on the ground that they were
tainted with grave abuse of discretion.8
Respondent court observed in its decision that at the time of petitioner's application for bail, he was
not yet "in the custody of the law," apparently because he filed his motion for admission to bail before
he was actually arrested or had voluntarily surrendered. It further noted that apart from the
circumstance that petitioner was charged with a crime punishable by reclusion perpetua, the evidence
of guilt was strong as borne out by the fact that no bail was recommended by the prosecution, for
which reasons it held that the grant of bail was doubly improvident. Lastly, the prosecution, according
to respondent court, was not afforded an opportunity to oppose petitioner's application for bail
contrary to the requirements of due process. Hence, this appeal.
Petitioner argues that, in accordance with the ruling of this Court in Santiago vs. Vasquez etc., et
al.,9
his filing of the aforesaid application for bail with the trial court effectively conferred on the latter
jurisdiction over his person. In short, for all intents and purposes, he was in the custody of the law. In
petitioner's words, the "invocation by the accused of the court's jurisdiction by filing a pleading in court
is sufficient to vest the court with jurisdiction over the person of the accused and bring him within the
custody of the law."
Petitioner goes on to contend that the evidence on record negates the existence of such strong
evidence as would bar his provisional release on bail. Furthermore, the prosecution, by reason of the
waiver by Prosecutor Abejo of any further presentation of evidence to oppose the application for bail
and whose representation in court in behalf of the prosecution bound the latter, cannot legally assert
any claim to a denial of procedural due process. Finally, petitioner points out that the special civil
action for certiorari was filed in respondent court after an unjustifiable length of time.
On the undisputed facts , the legal principles applicable and the equities involved in this case, the Court
finds for petitioner.
1. Section 1 of Rule 114, as amended, defines bail as the security given for the release of a person in
custody of the law, furnished by him or a bondsman, conditioned upon his appearing before any court
as required under the conditions specified in said Rule. Its main purpose, then, is to relieve an accused
from the rigors of imprisonment until his conviction and yet secure his appearance at the trial.10
As bail
is intended to obtain or secure one's provisional liberty, the same cannot be posted before custody
over him has been acquired by the judicial authorities, either by his lawful arrest or voluntary
surrender.11
As this Court has put it in a case "it would be incongruous to grant bail to one who is
free."12
The rationale behind the rule is that it discourages and prevents resort to the former pernicious
practice whereby an accused could just send another in his stead to post his bail, without recognizing
the jurisdiction of the court by his personal appearance therein and compliance with the requirements
therefor.13
Thus, inFeliciano vs. Pasicolan, etc., et al.,14
where the petitioner who had been charged
with kidnapping with murder went into hiding without surrendering himself, and shortly thereafter
filed a motion asking the court to fix the amount of the bail bond for his release pending t
Supreme Court categorically pronounced that said petitioner was not eligible for admission to b
As a paramount requisite then, only those persons who have either been arrested, detained, o
wise deprived of their freedom will ever have occasion to seek the protective mantle extende
right to bail. The person seeking his provisional release under the auspices of bail need not ev
for a formal complaint or information to be filed against him as it is available to "all persons"
the offense is bailable. The rule is, of course, subject to the condition or limitation that the a
is in the custody of the law.16
On the other hand, a person is considered to be in the custody of the law (a) when he is arreste
by virtue of a warrant of arrest issued pursuant to Section 6, Rule 112, or by warrantless arresSection 5, Rule 113 in relation to Section 7, Rule 112 of the revised Rules on Criminal Procedur
when he has voluntarily submitted himself to the jurisdiction of the court by surrendering
proper authorities.17
in this light, the ruling, vis-a-vis the facts in Santiago vs. Vasquez,
al.,18
should be explained.
In said case, the petitioner who was charged before the Sandiganbayan for violation of the An
and Corrupt Practices Act, filed through counsel what purported to be an "Urgent Ex-parte M
Acceptance of Cash Bail Bond." Said petitioner was at the time confined in a hospital recuperat
serious physical injuries which she sustained in a major vehicular mishap. Consequently, she ex
sought leave "that she be considered as having placed herself under the jurisdiction
Sandiganbayan) for purposes of the required trial and other proceedings." On the basis of
partemotion and the peculiar circumstances obtaining in that incident, the Sandiganbayan au
petitioner to post a cash bail bond for her provisional liberty without need of her personal app
in view of her physical incapacity and as a matter of humane consideration.
When the Sandiganbayan later issued a hold departure order against her, she question the jur
of that court over her person in a recourse before this Court, on the ground that "she neith
arrested nor has she voluntarily surrendered, aside from the fact that she has not validly pos
since she never personally appeared before said court" In rejecting her arguments, the Court h
she was clearly estopped from assailing the jurisdiction of the Sandiganbayan for by h
representations in the urgentex parte motion for bail she had earlier recognized such juris
Furthermore, by actually posting a cash bail was accepted by the court, she had effectively su
to its jurisdiction over her person. Nonetheless, on the matter of bail, the Court took pains to r
that the same cannot be posted before custody of the accused has been acquired by the
authorities either by his arrest or voluntary surrender.
In the case of herein petitioner, it may be conceded that he had indeed filed his motion for ad
to bail before he was actually and physically placed under arrest. He may, however, at that poin
the factual ambience therefore, be considered as being constructively and legally under custodin the likewise peculiar circumstance which attended the filing of his bail application with t
court, for purposes of the hearing thereof he should be deemed to have voluntarily submi
person to the custody of the law and, necessarily, to the jurisdiction of the trial court which th
granted bail as prayed for. In fact, an arrest is made either by actual restraint of the arre
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merely by his submission to the custody of the person making the arrest.19
The latter mode may be
exemplified by the so-called "house arrest" or, in case of military offenders, by being "confined to
quarters" or restricted to the military camp area.
It should be stressed herein that petitioner, through his counsel, emphatically made it known to the
prosecution and to the trail court during the hearing for bail that he could not personally appear as he
was then confined at the nearby Cagayan Capitol College General Hospital for acute costochondritis,
and could not then obtain medical clearance to leave the hospital. The prosecution and the trial court,
notwithstanding their explicit knowledge of the specific whereabouts of petitioner, never lifted a finger
to have the arrest warrant duly served upon him. C ertainly, it would have taken but the slightest effort
to place petitioner in the physical custody of the authorities, since he was then incapacitated and
under medication in a hospital bed just over a kilometer away, by simply ordering his confinement orplacing him under guard.
The undeniable fact is that petitioner was by then in the constructive custody of the law. Apparently,
both the trial court and the prosecutors agreed on that point since they never attempted to have him
physically restrained. Through his lawyers, he expressly submitted to physical and legal control over his
person, firstly, by filing the application for bail with the trail court; secondly, by furnishing true
information of his actual whereabouts; and, more importantly, by unequivocally recognizing the
jurisdiction of the said c ourt. Moreover, when it came to his knowledge that a warrant for his arrest
had been issued, petitioner never made any attempt or evinced any intent to evade the clutches of the
law or concealed his whereabouts from the authorities since the day he was charged in court, up to the
submission application for bail, and until the day of the hearing thereof.
At the hearing, his counsel offered proof of his actual confinement at the hospital on account of an
acute ailment, which facts were not at all contested as they were easily verifiable. And, as a
manifestation of his good faith and of his actual recognition of the authority of trial court, petitioner's
counsel readily informed the court that they were surrendering custody of petitioner to the president
of the Integrated Bar of the Philippines, Misamis Oriental Chapter.20
In other words, the motion for
admission to bail was filed not for the purpose or in the manner of the former practice which the law
proscribes for the being derogatory of the authority and jurisdiction of the courts, as what had
happened in Feliciano. There was here no intent or strategy employed to obtain bail in absentia and
thereby be able to avoid arrest should the application therefore be denied.
2. Section 13, Article III of the Constitution lays down the rule that before conviction, all indictees shall be
allowed bail, except only those charged with offenses punishable by reclusion perpetua when the evidence of
guilt is strong. In pursuance thereof, Section 4 of Rule 114, as amended, now provides that all persons in c ustody
shall, before conviction by a regional trial court of an offense not punishable by death, reclusion perpetua or life
imprisonment, be admitted to bail as a matter of right. The right to bail, which may be waived considering its
personal nature21
and which, to repeat, arises from the time one is placed in the custody of the law, springs from
the presumption of innocence accorded every accused upon whom should not be inflicted incarceration at theoutset since after trial he would be entitled to acquittal, unless his guilt be established beyond reasonable
doubt.22
Thus, the general rule is that prior to conviction by the regional trial court of a criminal offense, an ac
entitled to be released on bail as a matter of right, the present exceptions thereto being the instances w
accused is charged with a capital offense or an offense punishable by reclusion perpetua
imprisonment23
and the evidence of guilt is strong. Under said general rule, upon proper applica
admission to bail, the court having custody of the accused should, as a matter of course, grant the same
hearing conducted to specifically determine the conditions of the bail in accordance with Section 6 (now
2) of Rule 114. On the other hand, as the grant of bail becomes a matter of judicial discretion on the par
court under the exceptions to the rule, a hearing, mandatory in nature and which should be sum
otherwise in the discretion of the court,24
is required with the participation of both the defense an
notified representative of the prosecution, this time to ascertain whether or not the evidence of guilt is
for the provisional liberty of the applicant.25
Of course, the burden of proof is on the prosecution to sh
the evidence meets the required quantum.26
Where such a hearing is set upon proper motion or petition, the prosecution must be give an opportu
present, within a reasonable time, all the evidence that it may want to introduce before the court may
the application, since it is equally entitled as the accused to due process.27
If the prosecution is den
opportunity, there would be a denial of procedural due process, as a consequence of which the court's
respect of the motion or petition is void.28
At the hearing, the petitioner can rightfully cross -exam
witnesses presented by the prosecution and introduce his own evidence in rebuttal.29
When, eventu
court issues an order either granting or refusing bail, the same should contain a summary of the evidenc
prosecution, followed by its conclusion as to whether or not the evidence of guilt is strong.30
The court,
cannot rely on mere affidavits or recitals of their contents, if timely objected to, f or these represent only
evidence, and thus are insufficient to establish the quantum of evidence that the law requires.31
In this appeal, the prosecution assails what it considers to be a violation of procedural due process w
court below allowed Assistant Prosecutor Erlindo Abejo of the Regional State Prosecutor's Office to ap
behalf of the prosecution, instead of State Prosecutor Henrick P. Gingoyon who is claimed to be tgovernment prosecutor expressly authorized to handle the case and who received his copy of the motion
the day after the hearing had been conducted. Accordingly, the prosecution now insists that Prosecuto
had no authority at all to waive the presentation of any further evidence in opposition to the application
and to submit the matter to the sound discretion of the trial court. In addition, they argue that the pros
was not afforded "reasonable time" to oppose that application for bail.
We disagree. Firstly, it is undisputed that the Office of the Regional State Prosecutor acted as the collab
counsel, with State Prosecutor Henrick Gingoyon, in Criminal Case No. 86-39 on the basis of an author
then Chief State Prosecutor Fernando de Leon which was sent through radio message on July 10, 1992 a
received by the Office of the Regional State Prosecutor on the same date. This authorization, which wa
continuing until and unless it was expressly withdrawn, was later c onfirmed and then withdrawn only on
1993 by then Secretary of Justice Franklin M. Drilon. This was done after one Rebecca Bucag-tan questio
authority of Regional State Prosecutor Jesus Zozobrado and State Prosecutor II Erlindo Abejo to ent
appearance as collaborating government prosecutors in said criminal case.32
It was in fact by virtue
arrangement that the same Prosecutor Zozobrado and Prosecutor Perseverando Arana entered their app
as collaborating prosecutor in the previous hearing in said case.33
Hence, on the strength of said authorit
its receipt of the notice of the hearing for bail, the Regional State Prosecutor's Office, through Prosecuto
could validly represent the prosecution in the hearing held on November 5, 1992.
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Secondly, although it is now claimed that Prosecutor Abejo was allegedly not familiar with the case, he
nonetheless was explicitly instructed about the position of the Regional State Prosecutor's Office on
the matter. Prosecutor Zozobrado, whose office received its copy of the motion on the very day when
it was sent, that is, October 28, 1992, duly instructed Prosecutor Abejo to manifest to the court that
the prosecution was neither supporting nor opposing the application for bail and that they were
submitting the matter to its sound discretion. Obviously, what this meant was that the prosecution, at
that particular posture of the case, was waiving the presentation of any c ountervailing evidence. When
the court a quo sought to ascertain whether or not that was the real import of the submission by
Prosecutor Abejo, the latter readily answered in the affirmative.
The following exchanges bear this out:
PROSECUTOR ERLINDO ABEJO:
I was informed to appear in this case just now Your Honor.
COURT:
Where is your Chief of Office? Your office received a copy of the motion
as early as October 28. There is an element of urgency here.
PROSECUTOR ABEJO:
I am not aware of that, Your Honor, I was only informed just now. The
one assigned here is State Prosecutor Perseverando Arena, Jr. who
unfortunately is in the hospital attending to his sick son. I do not know
about this but before I came I received an instruction from our Chief to
relay to this court the stand of the office regarding the motion to admit
bail. That office is neither supporting nor opposing it and we are
submitting to the sound discretion of the Honorable Court.
COURT:
Place that manifestation on record. For the record, Fiscal Abejo, would
you like to formally enter your appearance i n this matter?
PROSECUTOR ABEJO:
Yes, Your Honor. For the government, the Regional State Prosecutor's
Office represented by State Prosecutor Erlindo Abejo.
COURT:
By that manifestation do you want the Court to understand that i
at least, the prosecution is dispensing with the presentation of e
to show that the guilt of the accused is strong, the denial . . .
PROSECUTOR ABEJO:
I am amenable to that manifestation, Your Honor.
COURT:
Final inquiry. Is the Prosecution willing to submit the incident cov
this particular motion for resolution by this c ourt?
PROSECUTOR ABEJO:
Yes, Your Honor.
COURT:
Without presenting any further evidence?
PROSECUTOR ABEJO:
Yes, Your Honor.34
It is further evident from the foregoing that the prosecution, on the instructions of Region
prosecutor Zozobrado, had no intention at all to oppose the motion for bail and this shoul
notwithstanding the statement that they were "neither supporting nor opposing" the motion.
of significance is the manifestation that the prosecution was "submitting (the motion) to th
discretion of the Honorable Court." By that, it could not be any clearer. The prosecution was dis
with the introduction of evidence en contra and this it did at the proper forum and stag
proceedings, that is, during the mandatory hearing for bail and after the trial court had fully
itself that such was the position of the prosecution.
3. In Herras Teehankee vs. Director of Prisons,35
it was stressed that where the trial court has
to believe that the prosecutor's attitude of not opposing the application for bail is not just
when he is evidently committing a gross error or a dereliction of duty, the court, in the int
Justice, must inquire from the prosecutor concerned as the nature of his evidence to de
whether or not it is strong. And, in the very recent administrative matter Re: First IndorsemeJuly 21, 1992 of Hon. Fernando de Leon, Chief State Prosecutor, Department of Justice; Alicia A
City Prosecutor of Dagupan City vs.Judge Deodoro Sison,36
the Court, citing Tucay vs. D
etc.,37
held that where the prosecutor interposes no objection to the motion of the accused,
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court should nevertheless set the application for hearing and from there diligently ascertain from the
prosecution whether the latter is really not contesting the bail application.
No irregularity, in the context of procedural due process, could therefore be attributed to the trial
court here as regards its order granting bail to petitioner. A review of the transcript of the stenographic
notes pertinent to its resolution of November 5, 1992 and the omnibus order of March 29, 1993
abundantly reveals scrupulous adherence to procedural rules. As summarized in its aforementioned
order, the lower court exhausted all means to convince itself of the propriety of the waiver of evidence
on the part of the prosecution. Moreover, the omnibus order contained the requisite summary of the
evidence of both the prosecution and the defense, and only after sifting through them did the court
conclude that petitioner could be provisionally released on bail. Parenthetically, there is no showing
that, since then and up to the present, petitioner has ever committed any violation of the conditions ofhis bail.
As to the contention that the prosecutor was not given the opportunity to present its evidence within a
reasonable period of time, we hold otherwise. The records indicate that the Regional State
Prosecutor's Office duly received its copy of the application for bail on the very same day that the it
was filed with the trial court on October 28, 1992. Counted from said date up to the day of the hearing
on November 5, 1992, the prosecution had more than one (1) week to muster such evidence as it
would have wanted to adduce in that hearing in opposition to the motion. Certainly, under the
circumstances, that period was more than reasonable. The fact that Prosecutor Gingoyon received his
copy of the application only on November 6, 1992 is beside the point for, as already established, the
Office of the Regional State Prosecutor was authorized to appear for the People.
4. What finally militates against the cause of the prosecutor is the indubitably unreasonable period of
time that elapsed before it questioned before the respondent court the resolution and the omnibus
order of the trial court through a special civil action for certiorari. The Solicitor General submits that
the delay of more than six (6) months, or one hundred eighty-four (184) days to be exact, was
reasonable due to the attendant difficulties which characterized the prosecution of the criminal case
against petitioner. But then, the certiorari proceeding was initiated before the respondent court long
after trial on the merits of the case had ensued in the court below with the active participation of
prosecution lawyers, including Prosecutor Gingoyon. At any rate, the definitive rule now in that the
special civil action for certiorari should not be instituted beyond a period of the three months,38
the
same to be reckoned by taking into account the duration of time that had expired from the
commission of the acts complained to annul the same.39
ACCORDINGLY, the judgment of respondent Court of Appeals in CA-G.R. SP No. 32233, promulgated on
November 24, 1993, annulling the resolution dated November 5, 1992 and the omnibus order dated March 29,
1993 of the Regional Trial Court of Cagayan de Oro City, as well as said respondent court's resolution of April 26,
1994 denying the motion for reconsideration of said judgment, are hereby REVERSED and SET ASIDE. The
aforesaid resolution and omnibus order of the Regional Trail Court granting bail to petitioner Miguel P.Paderanga are hereby REINSTATED.
SO ORDERED.
FIRST DIVISION
[A.M. No. MTJ-00-1321. March 10, 2004]
VICTORY LINER, INC., represented by JOHNNY T. HERNANDEZ, President, complainant, vs. JUDGE RE
B. BELLOSILLO, respondent.
D E C I S I O N
DAVIDE, JR., C.J.:
For our resolution is the verified complaint of Victory Liner, Inc. (VLI) against respondent Judge Rey
Bellosillo, then Presiding Judge of the Municipal Circuit Trial Court (MCTC) of Orani, Bataan, and Acting P
Judge of the MCTC of Dinalupihan-Hermosa, Bataan, for gross ignorance of the law, grave abuse of au
oppression, and inaction on a pending motion.
The antecedent facts are as follows:
On 2 March 2000, while a Victory Liner bus bearing Plate No. CWF-935 was cruising along the N
Highway of Dinalupihan, Bataan, it accidentally hit and fatally injured Marciana Bautista Morales. Marcia
the following day. VL I shouldered all the funeral and burial expenses of Marciana. Subsequently, on
2000, VLI and the heirs of the victim entered into an Agreement/Undertaking.[1]
On 14 March 200
payment by VLI of the claims, Faustina M. Antonio, the authorized and designated representative of thethe victim, executed aRelease of Claim[2]
and an Affidavit of Desistance[3]
in favor of VLI and the driver R
la Cruz.
However, earlier or on 3 March 2000, two of Marcianas sons Rolando B. Soriano and Jimmy B. M
who were also signatories to the Agreement/Undertaking, executed aPinagsamang Salaysay[4]
against Re
Cruz. On the strength of that document, a criminal complaint was filed with the MCTC of Dina
Hermosa, Bataan, for reckless imprudence resulting in homicide,[5]
which was docketed as Criminal C
10512.
After preliminary examination, or on 13 March 2000, respondent Judge Bellosillo ordered the im
issuance of a warrant of arrest against De la Cruz and fixed his bail at P50,000 to be posted in cash. He
directed the Chief of Police of Dinalupihan, Bataan, to immediately impound the bus involved in the a
which could be released only upon the posting of a cash bond in the amount of P50,000.[6]
On 30 March 2000, VLI filed a Manifestation and Motion[7]
manifesting that it was depositing to t
under protest a cash bond of P50,000 for the release of its bus. After making the deposit, VLIs presented the receipt issued by the Clerk of Court of MCTC, Dinalupihan, to the Chief of P
Dinalupihan, Bataan, who then released the bus.
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impounded vehicles in accident cases, in addition to the bail bond required for the provisional liberty of accused-
drivers. According to VLI, our ruling on this matter would guide trial court judges nationwide in accident cases
so that bus operators and their personnel would not be at the mercy of judges like the respondent in this case,
who during his incumbency had been requiring vehicle owners involved in accidents to post cash bonds for the
release of impounded vehicles.
InLacadin v. Mangino,[14]
the respondent Judge therein was sought to be administratively liable for
extending the lifetime of a search warrant issued by him. We held that even if he may have committed an error
of judgment or an abuse of discretion for such act, he cannot be punished administratively therefor in the
absence of proof that he was motivated by ignominy or ill-will. Moreover, we ruled that the administrative case
is not the right forum to determine whether the life of a search warrant may be extended by the court upon
proper motion filed before the expiration of the 10-day period.
Worth noting also is the case ofCaas v. Castigador.[15]
In that case, an Isuzu trailer truck involved in a
vehicular mishap was ordered impounded in an Order of 11 September 1996 of the trial court where the criminal
case against its driver was pending. T hat order was addressed to the Chief of Police of General Trias, Cavite, or
any officer of the law. In an earlier order of 14 August 1996, the vehicle owner was required to surrender the
truck to the court. Subsequently, on motion of the prosecutor, the trial court declared the vehicle owner guilty
of indirect contempt for continued defiance of the 11 September 1996 Order. However, upon the vehicle
owners petition, we found respondents order holding the petitioner therein guilty of indirect contempt to be
highly improper for several reasons. But we did not pass upon the issue of the legality of the impounding of the
vehicle involved in the vehicular accident. We did not declare the order for the impounding of the vehicle to be
illegal or unauthorized. If it were so, it could have been one of the several reasons for admonishing the
respondent Judge therein.
In the same vein, this administrative case is not the right forum to determine the issue of the legality of
respondents order requiring VLI to post a cash bond for the release of its impounded vehicle. VLI should have
raised that issue in the proper courts and not directly to us, and much less by way of an administrative
case. There is after all a hierarchy of courts. As we have said inSantiago v. Vasquez,[16]the propensity of litigants
and lawyers to disregard the hierarchy of courts in our judicial system by seeking a ruling directly from us must
be put to a halt.[17]
It must be recalled that on 4 April 2000, VLI filed with respondent judges court a Petition to Declare Order
Directing Victory Liner, Inc., to Post Bond for the Release of the Bus Null and Void .[18]
In that petition, VLI
submitted that there is no legal basis for the order directing the impounding of the bus and the posting by the
bus owner of a cash bond for its release, and hence that order is void ab initio .[19]
However, despite notice, VLIs
counsel Atty. Reynaldo R. Romero did not appear on 10 April 2000, the schedul e[20]
for the hearing of that
petition as set by him.[21]
The respondent thereupon issued an order[22]
dismissing the petition outright on
grounds of improper venue and lack of jurisdiction, and ordering that a copy of the said order be furnished VLIs
counsel at his given address. However, VLIs counsel reportedly refused to accept or receive from court
personnel notices of hearing and court orders. And, according to respondent Judge, he (VLIs counsel) never
appeared and continued not to appear before the respondent for reasons known only to him .[23]
VLI cannot,
therefore, resurrect that issue directly before us, and much less through a mere verified administrative
complaint or motion to resolve.
To allow VLI to raise that issue before us and obtain a ruling thereon directly from us through an
administrative case would be to countenance a disregard of the established rules of procedure and of the
hierarchy of courts. VLI would thus be able to evade compliance with the requirements inherent in the filing of a
proper petition, including the payment of docket fees. Hence, we shall shun from passing upon that issu
case.
In any event, the absence of a ruling in Caas v. Castigador on the legality of the impounding of
involved in an accident, as well as the foregoing statements of VLI in its Motion to Resolve, implies that
yet no clear-cut policy or rule on the matter. They would, therefore, negate a finding of gross ignoranc
law or grave abuse of authority on the part of respondent Judge. Moreover, even assuming that the ac
respondent in ordering the impounding and subsequent re-impounding of the subject vehicle and in r
the posting of a cash bond for its release were erroneous, as found by OCA C onsultant Atienza, such are
judgment that cannot be the subject of a disciplinary action absent proof of fraud, dishonesty, corruption
faith.[24]
A judge may not be held administratively liable for every erroneous order or decision he ren
hold otherwise would be to render a judicial office unbearable, for no one called upon to try the
interpret the law in the process of administering justice can be infallible in rendering a judgment. For a be held administratively liable for ignorance of the law, it is necessary that the law be sufficiently basic
that the judge must do is to simply apply it;[25]
or that the error must be gross or patent, deliber
malicious, or incurred with evident bad faith.[26]
We, however, find respondent administratively liable for imposing excessive cash bail bonds on
Reino de la Cruz in Criminal Case No. 10512 and Edwin Serrano in Criminal Case No. 9373.
The Constitution guarantees to every person under legal custody the right to bail except those
with offenses punishable with reclusion perpetua when evidence of guilt is strong .[27]
Section 9, Rule 11
1985 Rules on Criminal Procedure, as amended,[28]
provides that in fixing the amount of bail, the jud
primarily consider the following factors:
a) Financial ability of the accused to give bail;
b) Nature and circumstances of the offense;
c) Penalty for the offense charged;
d) Character and reputation of the accused;
e) Age and health of the accused;
f) The weight of the evidence against the accused;
g) Probability of the accused appearing in trial;
h) Forfeiture of the bonds;
i) The fact that the accused was a fugitive from justice when arrested; and
j) The pendency of other cases in which the accused is under bond.
The amount of bail should, therefore, be reasonable at all times. It should be high enough to as
presence of the accused when required, but no higher than is reasonably calculated to sepurpose. Excessive bail shall not be required.[29]
In implementing this mandate, the accuseds financial c
should particularly be considered. What is reasonable to a wealthy person may not be so to a man char
a like offense. Where the right to bail exists, it should not be rendered nugatory by requiring a sum
excessive.[30]
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