Univ Cebu Political Law Jurisprudence 2012

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OLITICAL LAW
JURIS RUDENCE
References: Law Textboos! Co"es! Reviewers! #otes! Co$pilations! Articles an" %nternet Sources
&or Private an" Personal Use Only
Chairperson: Paul #e'u"ne Vice Chair: Lester (ee
Members: Robie )uino! *ibran Abubaar!
+,ona *race Alo! Lea, Lara Bar"o-uillo! +ennelyn Bilocura! +oy Bolivar!
.ristine At,ena #e"a$o! .ristine #e'u"ne! C,elisa Roxas
8/20/2019 Univ Cebu Political Law Jurisprudence 2012
Political Law Jurisprudence University of Cebu College of Law UCLASS Bar Operations: Political Law Society
SELECTED SUPREME
&acts:
%nvoing ,is powers as Co$$an"er/in/C,ief un"er Sec0 12! Art0 3%% of t,e Constitution! t,e Presi"ent "irecte" t,e A&P C,ief of Staff an" P#P C,ief to coor"inate wit, eac, ot,er for t,e proper "eploy$ent an" utili4ation of t,e 5arines to assist t,e P#P in preventing or suppressing cri$inal or lawless violence0 T,e Presi"ent "eclare" t,at t,e services of t,e 5arines in t,e anti/cri$e ca$paign are $erely te$porary in nature an" for a reasonable perio" only! until suc, ti$e w,en t,e situation s,all ,ave i$prove"0 T,e %BP file" a petition seeing to "eclare t,e "eploy$ent of t,e P,ilippine 5arines null an" voi" an" unconstitutional0
%ssue6s:
718 (,et,er or not t,e Presi"ent9s factual "eter$ination of t,e necessity of calling t,e ar$e" forces is sub'ect to
'u"icial review 78 (,et,er or not t,e calling of t,e ar$e" forces to assist t,e P#P in 'oint visibility patrols violates t,e constitutional provisions on civilian supre$acy over t,e $ilitary an" t,e civilian c,aracter of t,e P#P
Ruling:
(,en t,e Presi"ent calls t,e ar$e" forces to prevent or suppress lawless violence! invasion or rebellion! ,e necessarily exercises a "iscretionary power solely veste" in ,is wis"o$0 Un"er Sec0 12! Art0 3%% of t,e Constitution! Congress $ay revoe suc, procla$ation of $artial law or suspension of t,e privilege of t,e writ of ,abeas corpus an" t,e Court $ay review t,e sufficiency of t,e factual basis t,ereof0 ;owever! t,ere is no suc, e-uivalent provision "ealing wit, t,e revocation or review of t,e Presi"ent9s action to call out t,e ar$e" forces0 T,e "istinction places t,e calling out power in a "ifferent category fro$ t,e power to "eclare $artial law an" power to suspen" t,e privilege of t,e writ of ,abeas corpus! ot,erwise! t,e fra$ers of t,e Constitution woul" ,ave si$ply lu$pe" toget,er t,e < powers an" provi"e" for t,eir revocation an" review wit,out any -ualification0
T,e reason for t,e "ifference in t,e treat$ent of t,e sai" powers ,ig,lig,ts t,e intent to grant t,e Presi"ent t,e wi"est leeway an" broa"est "iscretion in using t,e power to call out because it is consi"ere" as t,e lesser an" $ore benign power co$pare" to t,e power to suspen" t,e privilege of t,e writ of ,abeas corpus an" t,e power to i$pose $artial law! bot, of w,ic, involve t,e curtail$ent an" suppression of certain basic civil rig,ts an" in"ivi"ua free"o$s! an" t,us necessitating safeguar"s by Congress an" review by t,e Court0
%n view of t,e constitutional intent to give t,e Presi"en full "iscretionary power to "eter$ine t,e necessity o calling out t,e ar$e" forces! it is incu$bent upon t,e petitioner to s,ow t,at t,e Presi"ent9s "ecision is totally bereft of factual basis0 T,e present petition fails to "isc,arge suc, ,eavy bur"en! as t,ere is no evi"ence to support t,e assertion t,at t,ere exists no 'ustification for calling out t,e ar$e" forces0
T,e Court "isagrees to t,e contention t,at by t,e "eploy$ent of t,e 5arines! t,e civilian tas of law
enforce$ent is =$ilitari4e"> in violation of Sec0 <! Art0 %%of t,e Constitution0 T,e "eploy$ent of t,e 5arines "oes not constitute a breac, of t,e civilian supre$acy clause T,e calling of t,e 5arines constitutes per$issible use o $ilitary assets for civilian law enforce$ent0 T,e loca police forces are t,e ones in c,arge of t,e visibility patrols at all ti$es! t,e real aut,ority belonging to t,e P#P
5oreover! t,e "eploy$ent of t,e 5arines to assist t,e P#P "oes not un$ae t,e civilian c,aracter of t,e police force0 T,e real aut,ority in t,e operations is lo"ge" wit, t,e ,ea" of a civilian institution! t,e P#P! an" not wit, t,e $ilitary0 Since none of t,e 5arines was incorporate" or enliste" as $e$bers of t,e P#P! t,ere can be no appoint$ent to civilian position to spea of0 ;ence! t,e
"eploy$ent of t,e 5arines in t,e 'oint visibility patrols "oes not "estroy t,e civilian c,aracter of t,e P#P0
Bar Operations 2!2: Ace the Bar, Race the Car! "or Private and Personal Use Only 2
2&
Peop.e o/ ,he Phi.ippines "s# Ricar0o 0e %*1man %#R# No# &'(''3'- 42&5
&acts:
On or about t,e $ont, of ?ece$ber! 1@@ an" of October ! 1@@! in Tagig! 5etro 5anila! t,e accuse"! wit, lew" "esigns an" by $eans of force an" inti$i"ation! unlawfully ,ave sexual intercourse wit, 5arlyn Perlas y Ro-ue! fourteen 718 years ol"! against ,er will an" consent0 T,e accuse" is t,e co$$on/law spouse of t,e victi$9s $ot,er! but t,e prosecution faile" to allege t,e relations,ip in t,e infor$ation0 Two infor$ation were c,arge" against t,e accuse" "ocete" as Cri$inal Case #o0 11D@E2/; an" 11D@E@/;0
T,e prosecution presente" five 78 witnesses w,o testifie" against t,e accuse" an" furt,er corroborate" fin"ing t,at t,e victi$ was in"ee" rape" an" inti$i"ate" "ue to t,e fact t,e s,e ,a" poor $ental "evelop$ent w,o acts lie a E/2 year ol" girl even if s,e
was alrea"y 1 years ol"0T,e accuse" entere" a plea of =no guilty>! upon arraign$ent! on t,e two infor$ation c,arging ,i$ t,e cri$e of si$ple rape0 Presi"ing 'u"ge! ,owever! ren"ere"
'u"g$ent of conviction for two 78 counts of t,e cri$e of rape! sentencing accuse" to suffer "eat, penalty0
A perusal of t,e %nfor$ation reveals t,at Prosecutor 5a0 Pa4 Reyes %4on inten"e" to c,arge accuse"/appellant Fwit, t,e cri$e of violation of Art0 << 7rape8 of t,e RPC in relation to Section ! R0A0 E1DF! 7A# ACT PRO3%?%#* &OR STRO#*GR ?GTGRRG#CG A#? SPGC%AL PROTGCT%O# A*A%#ST C;%L? ABUSG! GHPLO%TAT%O# A#? ?%SCR%5%#AT%O#! A#? &OR OT;GR PURPOSGS8
%ssues:
(,et,er or not t,e trial court gravely erre" in i$posing two 78 "eat, penalties upon accuse"/appellant "espite failure of t,e prosecution to allege in t,e two 78 infor$ation t,at accuse"/appellant is t,e co$$on/law spouse of t,e victi$9s parent0
Ruling:
T,e court ,el" t,at t,e two infor$ation c,arge" accuse"/appellant wit, t,e cri$e of si$ple rape! penali4e" un"er Article << of t,e Revise" Penal Co"e wit, t,e in"ivisible penalty of reclusión perpetua.
T,ere is no in"ication in t,e two %nfor$ation t,at t,e cri$e c,arge" is punis,able by "eat, un"er t,e foregoing law0 Republic Act #o0 E1D covers c,il" prostitution! w,ic, is not t,e case ,ere0 Besi"es! Republic Act #o0 E1D itself "oes not i$pose "eat, for rape but rat,er refers t,e $atter to Article << of t,e Revise" Penal Co"e as t,e applicable law0 Un"er t,e rules of cri$inal proce"ure! a -ualifying circu$stance to be consi"ere" as suc, $ust be so allege" in t,e infor$ation! w,ic, is not re-uire" of aggravating circu$stances0 F%t ,as long been t,e rule t,at -ualifying circu$stances $ust be properly plea"e" in t,e in"ict$ent0 %f t,e sa$e are not plea"e" but prove"! t,ey s,all be consi"ere" only
as aggravating circu$stances! since t,e latter a"$it o proof even if not plea"e"0 %n"ee"! it woul" be a "enial of t,e rig,t of t,e accuse" to be infor$e" of t,e c,arges against ,i$! an"! conse-uently! a "enial of "ue process! if ,e is c,arge" wit, si$ple rape an" be convicte" of its -ualifie" for$ punis,able wit, "eat,! alt,oug, t,e atten"ant circu$stance -ualifying t,e offense an" resulting in capital punis,$ent was not allege" in t,e in"ict$ent on w,ic, ,e was arraigne"F
%EOR%E MANANTAN "s# T6E COURT O7 APPEALS SPOUSES MARCELINO NICOLAS an0 MARIA NICOLAS %#R# No# &8&2- 42&5
&acts:
On or about t,e t, "ay of Septe$ber 1@2! in t,e $unicipality of Santiago! province of %sabela P,ilippines! an" wit,in t,e 'uris"iction of t,is ;onorable Court! t,e sai" accuse"! being t,en t,e "river an" person/in/c,arge of an auto$obile! willfully an"
unlawfully "rove an" operate" t,e sa$e w,ile along t,eDaang Maharlika at Barangay 5alvar! in sai" $unicipality in a negligent! careless an" i$pru"ent $anner! wit,out "ue regar" to traffic laws! regulations an" or"inances an" wit,out taing t,e necessary precaution to prevent acci"ent to person an" "a$age to property! causing by suc, negligence! carelessness an" i$pru"ence sai" auto$obile "riven an" operate" by ,i$ to si"eswipe a passenger 'eep "riven by C,arles Co"a$on! t,ereby causing t,e sai" auto$obile to turn "own 7sic8 resulting to t,e "eat, of Ruben #icolas a passenger of sai" auto$obile0
T,e "efense version as to t,e events prior to t,e inci"ent was essentially t,e sa$e as t,at of t,e prosecution! except t,at "efense witness 5iguel Tabangin "eclare" 5anantan "i" not "rin beer t,at nig,t0
T,e lower court pro$ulgate" a "ecision in petitioner9s favor0 %t fin"s t,e accuse" #OT *U%LTI of t,e cri$e c,arge" an" ,ereby ac-uits ,i$0
Private respon"ents file" t,eir notice of appea on t,e civil aspect of t,e trial courtJs 'u"g$ent0 %n t,eir appeal! t,e appellate court "eci"e" in favor of t,e respon"ents0 ?ecision appeale" fro$ is 5O?%&%G? in t,at "efen"ant/appellee is ,el" civilly liable an" sentence" to in"e$nify plaintiffs/appellants0
Petitioner $ove" for reconsi"eration! but t,e appellate court "enie" t,e $otion0 ;ence! t,e present case0
%ssues:
10 (,et,er or not t,e "ecision of t,e trial cour ac-uitting t,e petitioner of t,e cri$e of recless i$pru"ence resulting to ,o$ici"e foreclose" any furt,er in-uiry on t,e accuse"9s negligence o recless i$pru"ence because by t,en ,e will be place" in ="ouble 'eopar"y> an" t,erefore t,e Court of Appeals 7CA8 erre" in passing upon t,e sa$e again0
0 T,e CA "i" not ,ave 'uris"iction to awar" "a$ages an" in"e$nity to t,e private respon"ents consi"ering t,at t,e non "eclaration of any in"e$nity or awar" o
"a$ages by t,e lower court was itself consistent wit, t,e petitioner9s ac-uittal for t,e reason t,at t,e civil action was i$plie"ly institute" wit, t,e cri$inal action an" t,ere was no express waiver of t,e civil action or reservation to institute it separately by t,e private respon"ents in t,e trial court0
<0 0 T,e CA "i" not ,ave 'uris"iction to tae
cogni4ance of t,e case an" ren"er t,e "ecision soug,t to be reviewe" w,en t,e sa$e was prosecute" by t,e private respon"ents in t,eir personal capacities an" t,e filing fees not ,aving been pai"! t,us violating t,e 5anc,ester "octrine0
Ruling:
T,e court rule" t,at: 1st issue: T,at t,e petitioner ,a" once been
place" in 'eopar"y by t,e filing of Cri$inal Case #o0 D
an" t,e 'eopar"y was ter$inate" by ,is "isc,arge0 T,e 'u"g$ent of ac-uittal beca$e i$$e"iately final0 #ote! ,owever! t,at w,at was elevate" to t,e Court of Appeals by private respon"ents was t,e civil aspect of Cri$inal Case #o0 D0 Petitioner was not c,arge" anew wit, a secon" cri$inal offense i"entical to t,e first offense0 T,e recor"s clearly s,ow t,at no secon" cri$inal offense was being i$pute" to petitioner on appeal0 %n $o"ifying t,e lower courtJs 'u"g$ent! t,e appellate court "i" not $o"ify t,e 'u"g$ent of ac-uittal0 #or "i" it or"er t,e filing of a secon" cri$inal case against petitioner for t,e sa$e offense0 Obviously! t,erefore! t,ere was no secon"
'eopar"y to spea of0 PetitionerJs clai$ of ,aving been place" in "ouble 'eopar"y is incorrect0
n" issue: T,e court supports t,e conclusion of t,e appellate court t,at t,e ac-uittal was base" on
reasonable "oubtK ,ence! petitionerJs civil liability was not extinguis,e" by ,is "isc,arge0 (e note t,e trial courtJs "eclaration t,at "i" not "iscount t,e possibility t,at Ft,e accuse" was really negligent0F ;owever! it foun" t,at Fa ,ypot,esis inconsistent wit, t,e negligence of t,e accuse" presente" itself before t,e CourtF an" since sai" F,ypot,esis is consistent wit, t,e recor"t,e CourtJs $in" cannot rest on a ver"ict of conviction0FT,e foregoing clearly s,ows t,at petitionerJs ac-uittal was pre"icate" on t,e conclusion t,at ,is guilt ,a" not been establis,e" wit, $oral certainty0 State" "ifferently! it is an ac-uittal base" on reasonable "oubt an" a suit to enforce civil liability for t,e sa$e act or o$ission lies0
<r" issue: T,e actual "a$ages clai$e" by t,e offen"e" parties! as in t,is case! are not inclu"e" in t,e co$putation of t,e filing fees0 &iling fees are to be pai" only if ot,er ite$s of "a$ages suc, as $oral! no$inal! te$porate! or exe$plary "a$ages are allege" in t,e co$plaint or infor$ation! or if t,ey are not so allege"! s,all constitute a first lien on t,e 'u"g$ent0 Cri$inal Case #o0 D containe" no specific allegations of "a$ages0 Consi"ering t,at t,e Rules of Cri$inal Proce"ure effectively guarantee t,at t,e filing fees for t,e awar" of "a$ages are a first lien on t,e 'u"g$ent! t,e effect of t,e enforce$ent of sai" lien $ust retroact to t,e institution of t,e cri$inal action0 T,e filing fees are
"ee$e" pai" fro$ t,e filing of t,e cri$inal co$plaint or infor$ation0
CIT9 O7 MANDALU9ON% "s# ANTONIO N#) 7RANCISCO N#) T6ELMA N#) EUSE!IO N#) RODOL7O N#) a.. s*rname0 A%UILAR %#R# No# &8&-2 42& 5
&acts:
On August ! 1@@E! petitioner file" wit, t,e Regional Trial Court a co$plaint for expropriation Petitioner soug,t to expropriate t,ree 7<8 a"'oining parcels of lan" wit, an aggregate area of 1!2E s-uare $eters registere" un"er Transfer Certificates of Title #os @E2D! <E an" <EE in t,e na$es of t,e "efen"ants! ,erein respon"ents0
Respon"ents! except Gusebio #0 Aguila w,o "ie" in 1@@! "enie" ,aving receive" a copy o 5ayor AbalosJ offer to purc,ase t,eir lots0 T,ey allege" t,at t,e expropriation of t,eir lan" is arbitrary an"
capricious! an" is not for a public purposeK t,e sub'ectlots are t,eir only real property an" are too s$all for expropriation! w,ile petitioner ,as several properties inventorie" for sociali4e" ,ousing0 As counterclai$ respon"ents praye" for "a$ages of P1 $illion0
Respon"ents file" a F5otion fo Preli$inary ;earingF clai$ing t,at t,e "efenses allege" in t,eir Answer are vali" groun"s for "is$issal of t,e co$plaint for lac of 'uris"iction over t,e person of t,e "efen"ants an" lac of cause of action0 Respon"ents praye" t,at t,e affir$ative "efenses be set fo preli$inary ,earing an" t,at t,e co$plaint be "is$isse"0
Petitioner file" an A$en"e" Co$plaint w,ic, was a"$itte" by t,e trial court0 Respon"ents file"
a F5anifestation an" 5otionF a"opting t,eir FAnswer wit, Counterclai$F an" F5otion for Preli$inary ;earingF as t,eir answer to t,e A$en"e" Co$plaint0
T,e $otion was grante"0 T,e trial court issue" an or"er "is$issing t,e A$en"e" Co$plaint afte "eclaring respon"ents as Fs$all property ownersF w,ose lan" is exe$pt fro$ expropriation un"er Republic Act #o EE@0 T,e court also foun" t,at t,e expropriation was no for a public purpose for petitionerJs failure to present any evi"ence t,at t,e inten"e" beneficiaries of t,e expropriation are lan"less an" ,o$eless resi"ents o 5an"aluyong0
%n 1@@! t,e Congress of t,e P,ilippines passe" Republic Act #o0 EE@! t,e FUrban ?evelop$ent an" ;ousing Act of 1@@0F T,e law lays "own as a policy t,at t,e state! in cooperation wit, t,e private sector un"ertae a co$pre,ensive an" continuing Urban ?evelop$ent an" ;ousing Progra$0 Section @ also exe$pts fro$ expropriation parcels of lan" owne" by s$all property owners0 Petitioner argues t,at t,e exercise of t,e power of e$inent "o$ain is not any$ore con"itione" on t,e si4e of t,e lan" soug,t to be expropriate"0
%ssues:
(,et,er or not respon"ents -ualify as Fs$all property owners> as "efine" in Section < 7-8 of R0A0 EE@0 Section <0
Ruling:
Lan"s for sociali4e" ,ousing un"er R0A0 EE@ are to be ac-uire" in several $o"es0 A$ong t,ese $o"es are t,e following: 718 co$$unity $ortgageK 78 lan" swapping! 7<8 lan" asse$bly or consoli"ationK 78 lan" baningK 78 "onation to t,e govern$entK 78 'oint venture agree$entK 7E8 negotiate" purc,aseK an" 728 expropriation0 T,e $o"e of expropriation is sub'ect to two con"itions: 7a8 it s,all be resorte" to only w,en t,e ot,er $o"es of ac-uisition ,ave been ex,auste"K 7b8 parcels of lan" owne" by s$all property owners are exe$pt fro$ suc, ac-uisition0
Respon"ents t,erefore appear to own realproperty ot,er t,an t,e lots in litigation0 #onet,eless! t,e recor"s "o not s,ow t,at t,e ancestral ,o$e in Paco! 5anila an" t,e lan" on w,ic, it stan"s are owne" by respon"ents or anyone of t,e$0 Petitioner "i" not present any title or proof of t,is fact "espite Antonio AguilarJs testi$ony0
&inally! t,is court notes t,at t,e sub'ect lots are now in t,e possession of respon"ents0 Antonio Aguilar testifie" t,at ,e an" t,e ot,er co/owners file" e'ect$ent cases against t,e occupants of t,e lan" before t,e 5etropolitan Trial Court! 5an"aluyong! Branc,es @ an" D0 Or"ers of eviction were issue" an" execute" on Septe$ber 1E! 1@@E w,ic, resulte" in t,e eviction of t,e tenants an" ot,er occupants fro$ t,e lan" in -uestion0E1
IN VIEW W6EREO7) t,e petition is DENIED an" t,e or"ers "ate" Septe$ber 1E0 1@@2 an" ?ece$ber @! 1@@2 of t,e Regional Trial Court! Branc, 12! Pasig City in SCA #o0 1E are A77IRMED#
SPOUSES ALEANDRO M.RASOL an0 LILIA E# MIRASOL "s# T6E COURT O7 APPEALS) P6ILIPPINE NATIONAL an0 P6ILIPPINE E;C6AN%E CO#) INC#) respon0en, %#R# No# &2(''( 4 2&5
&acts: T,e 5irasols are sugarlan" owners an" planters0
P,ilippine #ational Ban 7P#B8 finance" t,e 5irasolsJ sugar pro"uction venture &RO5 1@E</1@E un"er a crop loan financing sc,e$e0 T,e 5irasols signe" Cre"it Agree$ents! a C,attel 5ortgage on Stan"ing Crops! an" a Real Gstate 5ortgage in favor of P#B0 T,e C,attel 5ortgage e$powere" P#B to negotiate an" sell t,e latterJs sugar an" to apply t,e procee"s to t,e pay$ent of t,eir obligations to it0
Presi"ent 5arcos issue" P? E@ in #ove$ber! 1@E aut,ori4ing P,ilippine Gxc,ange Co0! %nc0 7P;%LGH8 to purc,ase sugar allocate" for export an" aut,ori4e" P#B to finance P;%LGHJs purc,ases0 T,e "ecree "irecte" t,at w,atever profit P;%LGH $ig,t reali4e was to be
re$itte" to t,e govern$ent0 Believing t,at t,e procee"s were $ore t,an enoug, to pay t,eir obligations petitioners ase" P#B for an accounting of t,e procee"s w,ic, it ignore"0 Petitioners continue" to avail of ot,e loans fro$ P#B an" to $ae unfun"e" wit,"rawals fro$ t,eir accounts wit, sai" ban0 P#B ase" petitioners to settle t,eir "ue an" "e$an"able accounts0 As a result petitioners! conveye" to P#B real properties by way of "acion en pago still leaving an unpai" a$ount0 P#B procee"e" to extra'u"icially foreclose t,e $ortgage" properties0 P#B still ,a" a "eficiency clai$
Petitioners continue" to as P#B to account fo t,e procee"s! insisting t,at sai" procee"s! if properly li-ui"ate"! coul" offset t,eir outstan"ing obligations0 P#B re$aine" a"a$ant in its stance t,at un"er P0?0 #o0 E@! t,ere was not,ing to account since un"er sai" law! al earnings fro$ t,e export sales of sugar pertaine" to t,e #ational *overn$ent0
On August @! 1@E@! t,e 5irasols file" a suit for accounting! specific perfor$ance! an" "a$ages against
P#B0
%ssues:
10 (,et,er or not t,e Trial Court ,as 'uris"iction to "eclare a statute unconstitutional wit,out notice to t,e Solicitor *eneral w,ere t,e parties ,ave agree" to sub$it suc, issue for t,e resolution of t,e Trial Court
0 (,et,er P? E@ an" subse-uent issuances t,ereo are unconstitutional
<0 (,et,er or not sai" P? is sub'ect to 'u"icial review
Ruling: %t is settle" t,at Regional Trial Courts ,ave t,e
aut,ority an" 'uris"iction to consi"er t,e constitutionality of a statute! presi"ential "ecree! or executive or"er0 T,e Constitution vests t,e power of 'u"icial review or t,e power to "eclare a law! treaty! international or executive agree$ent! presi"ential "ecree! or"er! instruction or"inance! or regulation not only in t,is Court! but in al Regional Trial Courts0
T,e purpose of t,e $an"atory notice in Rule Section < is to enable t,e Solicitor *eneral to "eci"e w,et,er or not ,is intervention in t,e action assailing t,e vali"ity of a law or treaty is necessary0 To "eny t,e Solicitor *eneral suc, notice woul" be tanta$ount to "epriving ,i$ of ,is "ay in court0 (e $ust stress t,at contrary to petitionersJ stan"! t,e $an"atory notice re-uire$ent is not li$ite" to actions involving "eclaratory relief an" si$ilar re$e"ies0 T,e rule itself provi"es t,at suc, notice is re-uire" in Fany actionF an" not 'ust actions involving "eclaratory relief0 (,ere t,ere is no a$biguity in t,e wor"s use" in t,e rule! t,ere is no roo$ for construction0 1 %n all actions assailing t,e vali"ity of a statute! treaty! presi"ential "ecree! or"er! o procla$ation! notice to t,e Solicitor *eneral is $an"atory0
Petitioners conten" t,at P0?0 #o0 E@ an" its i$ple$enting issuances are voi" for violating t,e "ue process clause an" t,e pro,ibition against t,e taing of private property wit,out 'ust co$pensation0 Petitioners now as t,is Court to exercise its power of 'u"icial review0
+urispru"ence ,as lai" "own t,e following re-uisites for t,e exercise of t,is power: &irst! t,ere $ust be before t,e Court an actual case calling for t,e exercise of 'u"icial review0 Secon"! t,e -uestion before t,e Court $ust be ripe for a"'u"ication0 T,ir"! t,e person c,allenging t,e vali"ity of t,e act $ust ,ave stan"ing to c,allenge0 &ourt,! t,e -uestion of constitutionality $ust ,ave been raise" at t,e earliest opportunity! an" lastly! t,e issue of constitutionality $ust be t,e very lis $ota of t,e case0
PEOPLE O7 T6E P6ILIPPINES "s# RAMIL VELE$ RA9OS %#R# No# &(2) 7ebr*ar< 8) 2&
&acts: On or about t,e @t, "ay of April! 1@@E at about
oJcloc in t,e evening! $ore or less! at Barangay Binitinan! Balingasag! 5isa$is Oriental! P,ilippines an" wit,in t,e 'uris"iction of t,is ;onorable Court! t,e above/ na$e" accuse"! wit, force an" inti$i"ation! "i" t,en an" t,ere! willfully! unlawfully an" feloniously ,ave carnal nowle"ge wit, a nine/year ol" retar"ate 5ebelyn B0 *an4an against ,er will an" consent an" wit, intent to ill! "i" t,en an" t,ere willfully! unlawfully! an" feloniously attac! assault an" stab t,e victi$ wit, t,e use of a nife w,ic, accuse" previously provi"e" ,i$self t,us ,itting ,er on t,e "ifferent parts of ,er bo"y! causing ,er instantaneous "eat,0F
T,e accuse"! w,en arraigne"! entere" a plea of =not guilty>0 T,e facts were culle" fro$ t,e testi$ony of t,e in"ivi"ual witnesses presente"! by t,e prosecution an" t,e "efense in t,e course of trial0 %t s,owe" t,at t,e circu$stantial evi"ence points out to t,e accuse"0 ;owever accuse" appellant conten"e" t,at o,e was broug,t to t,e $unicipal ,all on t,e sa$e nig,t an" place" be,in" bars until ,e woul" ,ave recovere" fro$ "runenness0 Gventually! ,e was release" fro$ 'ail but ,e was soon broug,t bac to t,e police station an" ,el" for t,e rape/slay of t,e c,il" victi$0
Accuse"/appellant! in t,e instant appeal! $aintains ,is innocence an" sees a reversal of t,e "ecision ren"ere" by t,e trial court ,ol"ing ,i$ responsible for t,e rape/slay of t,e victi$0 ;e furt,er conten"s t,at ,e ,as been coerce" into executing ,is extra'u"icial confession an" insists t,at ,e only ,as been force" to affix ,is signature on t,e "ocu$ent by a police$an0
%ssues:
(,et,er or not t,e trial court ,as erre" in fin"ing t,e accuse" guilty beyon" reasonable "oubt of t,e cri$e of rape wit, ,o$ici"e! clai$ing to ,ave been coerce" into executing ,is extra'u"icial confession0
Ruling: A confession is often sai" to constitute evi"ence
of ,ig, or"er but before it can be taen in evi"ence! several re-uire$ents ,ave to be satisfie"0 C,isele" in our
'urispru"ence are t,e four fun"a$ental con"itions nee"e" for a"$issibility of a confession! to wit: 718 T,e confession $ust be voluntaryK 78 t,e confession $ust be $a"e wit, t,e assistance of a co$petent an" in"epen"ent counselK 7<8 t,e confession $ust be expressK an" 78 t,e confession $ust be in writing Confessing to a cri$e ,as t,e se$blance! at least insofa as its legal repercussions are concerne"! of a plea o guilt0 Gxtre$e care $ust t,us be taen by lawyers prosecutors! an" t,e police in seeing to it t,at t,e person un"er investigation for t,e co$$ission of an offense ,as been properly secure" in ,is constitutional rig,ts0 Article %%%! Section ! of t,e 1@2E Constitution re-uires t,at M
F718 Any person un"er investigation for t,e co$$ission of an offense s,all ,ave t,e rig,t to be infor$e" of ,is rig,t to re$ain silent an" to ,ave co$petent an" in"epen"ent counsel preferably of ,is own
c,oice0 %f t,e person cannot affor" t,e services ocounsel! ,e $ust be provi"e" wit, one0 T,ese rig,ts cannot be waive" except in writing an" in t,e presence of counsel0
F7<8 Any confession or a"$ission obtaine" in violation of t,is or section 1E ,ereof s,all be ina"$issible in evi"ence against ,i$0F
T,e rig,t to counsel! particularly! is "esigne" to avoi" t,e pernicious practice of extorting false confessions or coerce" a"$issions an" to preclu"e t,e slig,test suspicion t,at an accuse" woul" be le" to an i$pru"ent act0 %t oug,t to follow t,at a lawyer s,oul" see to t,e protection of an accuse" in ensuring ,is basic rig,ts0 T,e accuse" is entitle" to no less t,an an effective an" vigilant counsel w,o $ust be present an" able to a"vise an" assist ,is client fro$ t,e ti$e t,e confessant
answers t,e first -uestion ase" by t,e investigating officer until t,e signing of t,e extra'u"icial confession Counsel s,oul" ascertain t,at t,e confession is voluntarily $a"e an" t,at t,e person $aing t,e sa$e fully un"erstan"s t,e nature an" conse-uences of ,is extra'u"icial confession0
But w,ile t,e Court in t,is case is no co$fortable in giving weig,t to t,e confession $a"e by t,e accuse" an" ,ol"ing it to bear out a fait,fu observance of t,e Constitution! t,e guilt of accuse" appellant! nevert,eless! ,as ,ere been in"epen"ently establis,e"0 (,en t,ere are no eyewitnesses to a cri$e resort to circu$stantial evi"ence beco$es al$os certainly unavoi"able0 Circu$stantial evi"ence woul" be sufficient for conviction! if 7a8 t,ere is $ore t,an one circu$stanceK 7b8 t,e facts fro$ w,ic, t,e inferences ,ave been "erive" are provenK 7c8 t,e co$bination of al t,e circu$stances is suc, as to pro"uce a conviction beyon" reasonable "oubt0 T,e circu$stances $ust be consistent wit, eac, ot,er! fro$ w,ic, t,e only rationa ,ypot,esis t,at can be "rawn t,ere fro$ woul" be t,a t,e accuse" is guilty0 T,e circu$stances $ust create a soli" c,ain of events! co,erent an" intrinsically believable! t,at pinpoints t,e accuse"! to t,e exclusion o ot,ers! as being t,e perpetrator of t,e cri$e an" t,ereby sufficiently overco$e t,e presu$ption of innocence in ,is favor0
;ere! t,e pieces of evi"ence! taen in t,eir entirety! un$istaably point to t,e guilt! not innocence! of accuse"/appellant0 %n rape wit, ,o$ici"e! t,e evi"ence against an accuse" is basically circu$stantial0 T,e nature of t,e cri$e! w,ere only t,e victi$ an" t,e rapist woul" ,ave been aroun" "uring its co$$ission $aes t,e prosecution of t,e offense particularly "ifficult since t,e victi$ coul" no longer testify against t,e perpetrator0 T,us! resorting to circu$stantial evi"ence is inevitable an" to "e$an" "irect evi"ence proving t,e $o"ality of t,e offense an" t,e i"entity of t,e perpetrator woul" be unreasonable0
PEOPLE O7 T6E P6ILIPPINES "s# 7LORENCIO 7RANCISCO 9 ALEO) %#R# No# &-2) 42&5
&acts:
On < October 1@@! w,ile t,e victi$ was asleep
toget,er wit, ,er $ot,er! five 78 sisters an" t,ree 7<8brot,ers in t,eir tene$ent at #o0 @ +0 P0 Ri4al St0! Barangay Sta0 Lucia! #ovalic,es! )ue4on City! ,er fat,er! t,e accuse"! woe ,er up an" tol" ,er to loo for ,is slippers as ,e was going out to buy cigarettes0 (,en s,e tol" ,i$ t,at s,e coul" not fin" ,is slippers ,e su""enly covere" ,er $out, tig,tly wit, ,is ,an"s an" forcibly "ragge" ,er towar"s t,e toilet! un"resse" ,er! feaste" on ,er young breast an" inserte" ,is penis into ,er vagina w,ile t,e two 78 of t,e$ were stan"ingF wit, t,e accuse" propping ,er up on t,e seat of t,e toilet bowl0 Afterwar"s! ,e warne" ,er not to tell anyone about w,at ,appene"0 Since t,e accuse" ,a" been beating ,er an" ,er siblings in t,e past! s,e was afrai" of w,at t,e accuse" woul" "o if s,e woul" tell anyone about w,at ,e "i" to ,er t,is ti$e0
G"it,a furt,er "isclose" t,at ,er fat,er ,a" been sexually abusing ,er repeate"ly since s,e was only nine 7@8 years ol" until s,e learne" t,at ,er fat,er was also sexually $olesting ,er two 78 younger sister! Baby &lor an" 5aria Coralyn0
T,e accuse" allege" t,at ,is wife %sabelita +ucutan fabricate" t,e c,arge as ,e "enie" t,e accusation against ,i$0 Accor"ing to ,i$! ,e use" to beat an" span ,is wife an" t,eir "aug,ters0 ;e countere" t,at it was actually t,e brot,er of ,is wife! A$uncio +ucutan! w,o sexually abuse" G"it,a but ,e "i" not file any c,arges against ,i$ upon t,e re-uest of ,is wife %sabelita0
T,e trial court t,en foun" t,e accuse" guilty of -ualifie" rape an" sentence" ,i$ to "eat,! plus civil in"e$nity! $oral an" exe$plary "a$ages0
T,e accuse" appeale" conten"ing t,at rape was not co$$itte" an" t,at ,e fin"s it inconceivable t,at G"it,a "i" not $ae any outcry w,en t,eir ,ouse an" t,ose of ,er relatives were a"'acent to t,e toilet w,ere t,e rape was suppose"ly perpetrate"0 ;e also argues t,e absence of allegation in t,e infor$ation of t,e special -ualifying circu$stance of ,is relations,ip to G"it,a! w,ic, $a"e it legally i$possible to sentence ,i$ to "eat,0 Conse-uently! ,e $ust be i$pose" t,e penalty next lower in "egree! i0e0! reclusion perpetua0
%ssues:
10 (,et,er or not t,e trial court erre" in giving cre"ence to t,e testi$ony of G"it,a "espite ,er silence or failure to s,out an" cry for ,elp0
0 (,et,er or not t,e trial court erre" in ,ol"ing ,i$ liable only for -ualifie" rape as t,e Co$plaint faile" to allege t,e special -ualifying circu$stance of ,is relations,ip to G"it,a0
Ruling:
T,e court "isagree wit, accuse"/appellant t,at si$ply because co$plaining witness faile" to s,out for ,elp ,e coul" not be guilty of rape0 Gven if accuse"/ appellant "i" not cover t,e $out, of G"it,a! ,er silence woul" not by itself be sufficient to negate t,e conclusion t,at rape was co$$itte"0 Being co$plainant9s fat,er accuse"/appellant ,a" $oral ascen"ancy an" influence over ,is "aug,ter w,o was t,en of ten"er years0 ;er fear of ,er fat,er was $ore t,an enoug, to inti$i"ate ,er to sub$it to ,is lew" a"vances wit,out s,outing for ,elp T,e answers of accuse"/appellant to t,e c,arges consiste" only of bare "enials an" allegations t,at woul" not suffice to "isprove rape0
T,e court! ,owever! rule" in favor of t,e accuse" in t,at t,e failure of t,e prosecution to allege in t,e Co$plaint t,e special -ualifying circu$stance o relations,ip between ,i$ an" t,e victi$ will not allow t,e i$position of t,e "eat, penalty0 Un"er Sec0 11 of RA E@! t,e "eat, penalty s,all be i$pose" for t,e cri$e o rape if t,e victi$ is un"er eig,teen 7128 years of age and t,e offen"er is a parent! ascen"ant! step/parent
guar"ian! relative by consanguinity or affinity wit,in t,et,ir" civil "egree! or t,e co$$on/law spouse of t,e parent of t,e victi$0 T,ese circu$stances are in t,e nature of -ualifying circu$stances t,at $ust be 'ointly allege" in t,e co$plaint or infor$ation0 Suc, failure o t,e Co$plaint to i$plea" t,e relations,ip of accuse" appellant to t,e victi$ $aes it legally i$possible to convict ,i$ of -ualifie" rape0 ;ence! ,e can only be convicte" of si$ple rape0 %n"ee"! it woul" be a "enial o t,e rig,t of t,e accuse" to be infor$e" of t,e c,arges against ,i$! an"! conse-uently! a "enial of "ue process! if ,e is c,arge" wit, si$ple rape an" be convicte" of its -ualifie" for$ punis,able wit, "eat,! alt,oug, t,e atten"ant circu$stance -ualifying t,e offense an" resulting in capital punis,$ent was not allege" in t,e in"ict$ent on w,ic, ,e was arraigne"0
PEOPLE O7 T6E P6ILIPPINES "s# NASARIO MOLINA < MANAMA = >!O!ON%> an0 %RE%ORIO MULA < MALA%URA = >!O!O9>) %#R# No# &?&8) 42&5
&acts:
On or about August 2! 1@@! in t,e City o ?avao! P,ilippines! an" wit,in t,e 'uris"iction of t,is
;onorable Court! t,e above/na$e" accuse"! in conspiracy wit, eac, ot,er! "i" t,en an" t,ere willfully! unlawfully an" feloniously was foun" in t,eir possession @0@ grants of "rie" $ari'uana w,ic, are pro,ibite"0
Upon arraign$ent! accuse"/appellants plea"e" not guilty to t,e accusation against t,e$0 Trial ensue"! w,erein t,e prosecution presente" Police Superinten"ent Griel 5allorca! SPO1 Leonar"o I0 Pa$plona! +r0! an" SPO1 5arino S0 Pagui"opon! +r0 as witnesses0
T,e trial court t,en foun" t,e appellants guilty an" t,roug, counsel! 'ointly file" a ?e$urrer to Gvi"ence! conten"ing t,at t,e $ari'uana allege"ly sei4e" fro$ t,e$ is ina"$issible as evi"ence for ,aving been obtaine" in violation of t,eir constitutional rig,t against unreasonable searc,es an" sei4ures0 T,e "e$urrer was "enie" by t,e trial court0 A $otion for reconsi"eration was file" by accuse"/appellants! but t,is was liewise "enie"0 Accuse"/appellants waive" presentation of evi"ence an" opte" to file a 'oint $e$oran"u$0 T,e Solicitor *eneral file" a 5anifestation an" 5O1ion 7%n Lieu of Brief8! w,erein ,e praye" for t,e
ac-uittal of bot, accuse"/appellants0T,e case was elevate" to t,is Court on auto$atic review0
%ssues:
10 (,et,er or not t,e $ari'uana is ina"$issible in evi"ence for ,aving been sei4e" in violation of appellants9 constitutional rig,ts against unreasonable! searc,es an" sei4uresK
0 (,et,er or not! assu$ing it is a"$issible in evi"ence! t,e govern$ent ,as ot,erwise prove"
t,eir guilt beyon" reasonable "oubtK an"
<0 (,et,er or not! assu$ing t,eir guilt ,as been prove" beyon" reasonable "oubt! t,e i$posable penalty for violation of Sec0 2 of RA #o0 E@ (sic), in t,e absence of any aggravating circu$stance! is life i$prison$ent! not "eat,0
Ruling:
T,e fun"a$ental law of t,e lan" $an"ates t,at searc,es an" sei4ures be carrie" out in a reasonable fas,ion t,at is! by virtue or on t,e strengt, of a searc,
warrant pre"icate" upon t,e existence of a probable cause0 T,e pertinent provision of t,e Constitution provi"es:
SGC0 0 T,e rig,t of t,e people to be secure in t,eir persons! ,ouses! papers! an" effects against unreasonable searc,es an" sei4ures of w,atever nature an" for any purpose s,all be inviolable! an" no searc, warrant or warrant of arrest s,all issue except upon probable cause to be "eter$ine" personally by t,e 'u"ge after exa$ination un"er oat, or affir$ation of t,e co$plainant an" t,e witnesses ,e $ay pro"uce! an"
particularly "escribing t,e place to be searc,e" an" t,e persons or t,ings to be sei4e"0
Co$ple$entary to t,e foregoing provision is t,e exclusionary rule ens,rine" un"er Article %%%! Section <! paragrap, ! w,ic, bolsters an" soli"ifies t,e protection against unreasonable searc,es an" sei4ures0 T,us:
Any evi"ence obtaine" in violation of t,is or t,e prece"ing section s,all be ina"$issible for any purpose in any procee"ing0
(it,out t,is rule! t,e rig,t to privacy woul" be a for$ of wor"s! valueless an" un"eserving of $ention in a perpetual c,arter of inesti$able ,u$an libertiesK so too wit,out t,is rule! t,e free"o$ fro$ state invasions o privacy woul" be so ep,e$eral an" so neatly severe" fro$ its conceptual nexus wit, t,e free"o$ fro$ al brutis, $eans of coercing evi"ence as not to $erit t,is CourtJs ,ig, regar" as a free"o$ i$plicit in t,e concept of or"ere" liberty0
T,e foregoing constitutional proscription ,owever! is not wit,out exceptions0 Searc, an" sei4ure $ay be $a"e wit,out a warrant an" t,e evi"ence obtaine" t,ere fro$ $ay be a"$issible in t,e following
instances: 718 searc, inci"ent to a lawful arrestK 7searc, of a $oving $otor ve,icleK 7<8 searc, in violation of custo$s lawsK 78 sei4ure of evi"ence in plain viewK 78 w,en t,e accuse" ,i$self waives ,is rig,t against unreasonable searc,es an" sei4uresK an" 78 stop an" fris situations 7Terry searc,80
%n t,e case at bar! t,e court a quo anc,ore" its 'u"g$ent of conviction on a fin"ing t,at t,e warrantless arrest of accuse"/appellants! an" t,e subse-uent searc, con"ucte" by t,e peace officers! are vali" because accuse"/appellants were caug,t in flagrante delicto in possession of pro,ibite" "rugs0 T,is brings us to t,e issue of w,et,er or not t,e warrantless arrest! searc, an" sei4ure in t,e present case fall wit,in t,e recogni4e" exceptions to t,e warrant re-uire$ent0
;ere! t,ere coul" ,ave been no vali" in
flagrante delicto 000 arrest prece"ing t,e searc, in lig,t of t,e lac of personal nowle"ge on t,e part of t,e arresting officer! or an overt p,ysical act! on t,e part of petitioner! in"icating t,at a cri$e ,a" 'ust been co$$itte"! was being co$$itte" or was going to be co$$itte"0 Accuse"/appellants $anifeste" no outwar" in"ication t,at woul" 'ustify t,eir arrest0 %n ,ol"ing a bag on boar" a trisikad, accuse"/appellants coul" not be sai" to be co$$itting! atte$pting to co$$it or ,ave co$$itte" a cri$e0
5oreover! it coul" not be sai" t,at accuse" appellants waive" t,eir rig,t against unreasonable searc,es an" sei4ure0 %$plie" ac-uiescence to t,e searc,! if t,ere was any! coul" not ,ave been $ore t,an $ere passive confor$ity given un"er inti$i"ating o coercive circu$stances an" is t,us consi"ere" no consent at all wit,in t,e purview of t,e constitutional guarantee0
(it,al! t,e Court ,ol"s t,at t,e arrest o accuse"/appellants "oes not fall un"er t,e exceptions allowe" by t,e rules0 ;ence! t,e searc, con"ucte" on t,eir person was liewise illegal0 Conse-uently! t,e $ari'uana sei4e" by t,e peace officers coul" not be a"$itte" as evi"ence against accuse"/appellants! an" t,e Court is t,us! left wit, no c,oice but to fin" in favor of accuse"/appellants0
DELA CRU$ "s# ADUTO A!ILLE) %#R# No# &&?@) 42&5
&acts:
;er$inio Abille! now "ecease"! ,a" a total lan",ol"ing of 1<0D1 ,ectares! locate" in %nfanta! Pangasinan! in w,ic, 02 ,ectares were tille" by Balbino "ela Cru4! as an agricultural tenant since 1@2! w,o "ie" in 1@210 After ,is "eat,! ,e was! nevert,eless! issue" a Certificate of Lan" Transfer 7CLT8 #o0 D/DE11pursuant to Presi"ential ?ecree #o0 E0 T,e certificate was entere" in t,e Registration Boo of t,e Registry of ?ee"s of Pangasinan0 Tax ?eclaration #o0 < in t,e na$e of ;er$inio Abille was cancelle" an" Tax ?eclaration #o0 11< was issue" in t,e na$e of Balbino "ela Cru40
%n 1@2E! Abille file" a petition for exe$ption un"er Operation Lan" Transfer 7OLT8 of ,is lan",ol"ings alleging t,at ,e was not notifie" of t,e coverage of ,is lan" un"er OLTK t,at ,e learne" of its coverage only on 5arc, ! 1@2EK t,at prior to t,e issuance of t,e Certificate of Lan" Transfer #o0 D/DE11! ?AR "i" not notify ,i$ or ,is representativeK t,at ,e ,as been "eprive" of ,is constitutional rig,t to "ue process0
1@2@! Regional ?irector Antonio 50 #uesa of t,e Bureau of Agrarian Legal Assistance! Region %! San &ernan"o! La Union! issue" an Or"er! "enying t,e petition for exe$ption! an" grante" t,e rig,t of extension of not $ore t,an seven 7E8 ,ectares instea"0 ;e "irecte" t,e petitioner to i$$e"iately select t,e retention areas! canceling t,e Certificates of Lan" Transfer issue" on t,e tenants on t,e retaine" area an" or"ere" 5ARO to prepare Agricultural Lease,ol" Contracts between t,e petitioner an" t,e tenants an" i$ple$ent t,e Or"er0
;er$inio selecte" t,e E/,ectare retention area! w,ic, inclu"e" t,e area covere" by CLT #o0 D/DE11 issue" to Balbino "ela Cru4K ,ence! sai" CLT was auto$atically cancelle"0
Petitioners! on t,e ot,er ,an"! w,o are t,e co$pulsory ,eirs of t,e late Balbino "ela Cru4! file" wit, t,e ?epart$ent of Agrarian Refor$ a petition for t,e issuance of e$ancipation patent! w,ic, was later referre" to t,e Regional ?irector %! San &ernan"o! La Union! for appropriate action0 T,ey praye" for t,e "is$issal of t,e petition for t,e issuance of e$ancipation patent on t,e groun" t,at ?AR Or"er! or"ering t,e cancellation of t,e Certificate of Lan" Transfer of t,e retaine" area! ,a"
beco$e final an" ,a" been i$ple$ente" by t,e ProvincialAgraria Officer of PangasinanK ,ence! t,e petition ,a" beco$e $oot an" aca"e$ic0
PetitionersJ $otion for reconsi"eration of t,e sai" ?ecision of t,e Secretary of ?AR ,aving been "enie"! t,ey file" a petition for review wit, t,e Court of Appeals0 ;owever! t,e Court of Appeals "is$isse" t,e sai" petition for review0 T,eir $otion for reconsi"eration was also "enie" by t,e appellate court0
Petitioners argue" t,at it was incorrect for t,e Court of Appeals to ,ol" t,at t,ey were accor"e" "ue
process w,en t,e vali"ity of t,e cancellation of Certificate of lan" Transfer #o0 D/DE11 was resolve" in t,e Or"er "ate" April 1@! 1@2@K an" t,at t,eir petition for issuance of an e$ancipation patent is a "ifferent procee"ing fro$ t,e petition file" by ;er$inio Abille w,ere in Regiona ?irector Antonio #uesa or"ere" t,e cancellation of t,ei pre"ecessorJs 7Balbino "ela Cru48 Certificate of Lan" TransferK t,at in t,e sai" petition file" by ;er$inio Abille t,ey were not notifie" an" given t,e opportunity to be ,ear"0 Petitioners $aintaine" t,at t,ey were "enie" "ue process so t,at t,e Or"er "ate" April 1@!1@2@ of Regiona ?irector #uesa cancelling t,e Certificate of Lan" Transfe #o0 D/DE11 in t,e na$e of Balbino "ela Cru4 is nul an" voi"! an" cannot be use" to "eny t,eir petition fo t,e issuance of an e$ancipation patent0
%ssues:
10 (,et,er or not t,e CA erre" in ,ol"ing t,at t,e petitioners were accor"e" "ue process w,en t,e vali"ity of t,e cancellation o
Certificate of lan" Transfer #o0 D/DE11 was resolve"0
0 (,et,er or not t,e petition for t,e issuance of e$ancipation patent $ay be grante" "ue to lac of "ue process0
Ruling:
T,e petition is "evoi" of $erit0 T,e court rule" t,at t,e CA was correct
in ,ol"ing t,at alt,oug, t,e petitioners were not given t,e opportuniy to be ,ear" w,en Regional ?irecto Antonio #uesa in ,is Or"er regar"ing t,e cancellation of Certificate of Lan" Transfer #o0 D/DE11 on t,e retaine" area! nevert,eless! in t,eir petition for issuance of an e$ancipation patent! petitioners were given t,e opportunity to be ,ear" as t,ey raise" in issue t,e vali"ity of t,e cancellation of t,e sai" CLT! w,ic, was resolve" by ?AR Regional ?irector Gligio P0 Pacis an" also in t,eir 7petitionersJ8 $otion for reconsi"eration! w,ic, was treate" as an appeal by t,e Secretary of Agrarian Refor$ an" was resolve"0 T,e essence of "ue process is si$ply an oppor,*ni,< ,o be hear0 or) as app.ie0 ,o a0minis,ra,i"e procee0in+s) an oppor,*ni,< ,o see a reconsi0era,ion o/ ,he ac,ion or r*.in+ comp.aine0 o/ 4e$p,asis supplie"80 &ut,er! t,e petition file" by lan"owner ;er$inio Abille! w,ic, was for exe$ption of ,is property fro$ t,e coverage of Operation Lan" Transfer! cogni4able by Region % ?irector Antonio 5
#uesa of t,e Bureau of Agrarian Legal Assistance! "i" nore-uire notice to petitioners0 &urt,er$ore! t,e Certificate of Lan"
Transfer #o0 D/DE11 was vali"ly cancelle"0 Sai" certificate was issue" to petitionersJ pre"ecessor! Balbino "ela Cru4! before lan"owner ;er$inio Abille was infor$e" of suc, issuance an" t,at ,is lan",ol"ing was sub'ect to Operation Lan" Transfer0 Subse-uently! ;er$inio Abille! w,o was foun" to own ricelan" wit, an area of @0@D< ,ectares! was grante" t,e rig,t to retain an area not
excee"ing seven 7E8 ,ectares! an" t,e rig,t to select an" segregate suc, area un"er P0?0 #o0 E0
(,ere t,ere is no s,owing! as in t,e case at bar! t,at t,ere was frau"! collusion! arbitrariness! illegality! i$position or $istae on t,e part of a "epart$ent ,ea"! in ren"ering ,is -uestione" "ecisions or of a total lac of substantial evi"ence to support t,e sa$e! suc, a"$inistrative "ecisions are entitle" to great weig,t an" respect an" will not be interfere" wit,0
DE RAMA "s#T6E COURT O7 APPEALS 4NINT6 DIVISION) T6E CIVIL SERVICE COMMISSION an0 7LORENIO RAMOS) %#R# No# &&&@ ) 42&5
&acts: Upon ,is assu$ption to t,e position of 5ayor of
Pagbilao! )ue4on! petitoner Conra"o ?e Ra$a wrote a letter to t,e CSC seeing t,e recall of t,e appoint$ents of 1 $unicipal e$ployees0 Petitioner 'ustifie" ,is recall re-uest on t,e allegation t,at t,e appoint$ents of sai" e$ployees were =$i"nig,t> appoint$ents of t,e for$er $ayor! "one in violation of Art0 3%%! Sec0 1 of t,e
Constitution0 T,e CSC "enie" petitioner9s re-uest for t,erecall of t,e appoint$ents of t,e 1 e$ployees for lac of $erit0 T,e CSC "is$isse" petitioner9s allegation t,at t,ese were =$i"nig,t> appoint$ents! pointing out t,at t,e constitutional provision relie" upon by petitioner pro,ibits only t,ose appoint$ents $a"e by an outgoing Presi"ent an" cannot be $a"e to apply to local elective officials0 T,e CSC opine" t,at t,e appointing aut,ority can vali"ly issue appoint$ents until ,is ter$ ,as expire"! as long as t,e appointee $eets t,e -ualification stan"ar"s for t,e position0
Petitioner $ove" for t,e reconsi"eration of t,e CSCJs Resolution! but petitionerJs $otion for reconsi"eration was "enie"
Petitioner t,en file" a petition for review before t,e Court of Appeals! arguing t,at t,e CSC
arrive" at t,e erroneous conclusion after it ignore" ,is Fsupple$ent to t,e consoli"ate" appeal an" $otion for reconsi"erationF w,erein ,e lai" out evi"ence s,owing t,at t,e sub'ect appoint$ents were obtaine" t,roug, frau"0 T,e Court of Appeals "enie" for lac of $erit t,e petition for review0
Petitioner file" a $otion for reconsi"eration arguing t,at t,e appellate court erre" in up,ol"ing t,e CSCJs resolutions "espite t,e following "efects:
%0 #o screening process an" no criteria were a"opte" by t,e Personnel Selection Boar" in no$inating t,e respon"entsK
%%0 #o posting in t,ree 7<8 conspicuous public places of notice of vacancy as re-uire" by t,e rules an" t,e lawK
%%%0 5erit an" fitness re-uire$ents were not observe" by t,e selection boar" an" by t,e appointing aut,ority as re-uire" by t,e Civil Service rulesK
%30 Petitioner ,as vali" groun"s to recall t,e appoint$ents of respon"ents0
T,e Court of Appeals "enie" t,e $otion for reconsi"eration0
;ence! t,e instant petition for review on certiorari0
%ssues:
10 (,et,er or not t,e public respon"ent Cour of Appeals! gravely an" seriously erre" in fin"ing t,at t,e Civil Service Co$$ission was correct in not up,ol"ing t,e petitionerJs recall of t,e appoint$ents of private respon"ents in t,e face of frau" an" violation of rules an" laws on issuance o appoint$ents0
0 (,et,er or not t,e public respon"ent Court of Appeals seriously erre" in fin"ing t,at t,e particular groun"s na$ely:
%0 #o screening process an" no criteria were a"opte" by t,e Personnel Selection Boar" in no$inating t,e respon"entsK
%%0 #o posting in t,ree 7<8 conspicuous public places of notice of vacancy as re-uire" by
t,e rules an" t,e lawK
%%%0 5erit an" fitness re-uire$ents were not observe" by t,e selection boar" an" by t,e appointing aut,ority as re-uire" by t,e Civi Service rulesK
%30 Petitioner ,as vali" groun"s to recal t,e appoint$ents of respon"ents0
Petitioner assails t,e fin"ings of bot, t,e CSC an" t,e Court of Appeals for being contrary to law an" not being supporte" by t,e evi"ence on recor"0
Ruling:
T,e CSC correctly rule" t,at t,e constitutiona pro,ibition on so/calle" =$i"nig,t appoint$ents! specifically t,ose $a"e wit,in $ont,s i$$e"iately prior to t,e next presi"ential elections! applies only to t,e Presi"ent or Acting Presi"ent0 T,ere is no law t,a pro,ibits local elective officials fro$ $aing appoint$ents "uring t,e last "ays of ,is or ,er tenure0
T,e recor"s reveal t,at w,en t,e petitione broug,t t,e $atter of recalling t,e appoint$ents of t,e fourteen 718 private respon"ents before t,e CSC! t,e only reason ,e cite" to 'ustify ,is action was t,at t,ese were F$i"nig,t appoint$entsF t,at are forbi""en un"e Article 3%%! Section 1 of t,e Constitution0 ;owever! t,e CSC rule"! an" correctly so! t,at t,e sai" pro,ibition applies only to presi"ential appoint$ents0 %n trut, an" in fact! t,ere is no law t,at pro,ibits local elective officials fro$ $aing appoint$ents "uring t,e last "ays of ,is or ,er tenure0 Petitioner certainly "i" not raise t,e issue of frau" on t,e part of t,e outgoing $ayor w,o $a"e t,e appoint$ents0 #eit,er "i" ,e allege t,at t,e sai" appoint$ents were tainte" by irregularities or ano$alies t,at breac,e" laws an" regulations governing appoint$ents0 ;is solitary reason for recalling t,ese
appoint$ents was t,at t,ey were! to ,is personal belief! F$i"nig,t appoint$entsF w,ic, t,e outgoing $ayor ,a" no aut,ority to $ae0
%t ,as been ,el" t,at upon t,e issuance of an appoint$ent an" t,e appointeeJs assu$ption of t,e position in t,e civil service! F,e ac-uires a legal rig,t w,ic, cannot be taen away eit,er by revocation of t,e appoint$ent or by re$oval except for cause an" wit, previous notice an" ,earing0F1E 5oreover! it is well/settle" t,at t,e person assu$ing a position in t,e civil service un"er a co$plete" appoint$ent ac-uires a legal! not 'ust an e-uitable! rig,t to t,e position0 T,is rig,t is protecte" not only by statute! but by t,e Constitution as well! w,ic, rig,t cannot be taen away by eit,er revocation of t,e appoint$ent! or by re$oval! unless t,ere is vali" cause to "o so! provi"e" t,at t,ere is previous notice an" ,earing0
PEOPLE O7 T6E P6ILIPPINES "s# ARNEL MATARO < ELI$A%A an0 NICB PERUC6O < SIN%SON) %#R# No# &8() 42&5
&acts: Two separate infor$ation were file" against
appellants A$el 5ataro an" #ic Peruc,o0 T,at on or about t,e <r" "ay of October 1@@ in )ue4on City! 5etro 5anila! P,ilippines! t,e above/na$e" accuse"! conspiring! confe"erating wit, ot,er persons w,ose true i"entities! w,ereabouts an" ot,er personal circu$stances of w,ic, ,ave not as yet been ascertaine" an" $utually ,elping one anot,er! wit, intent to ill! wit, treac,ery! superior strengt, an" evi"ent pre$e"itation! "i"! t,en an" t,ere! willfully! unlawfully an" feloniously attac! assault an" e$ploy personal violence upon t,e person of one SPO1 G#R%)UG CAST%LLO! +R0 y BALB%#! by t,en an" t,ere s,ooting t,e latter wit, t,e use of firear$s t,ereby inflicting upon ,i$ serious an" $ortal woun"s w,ic,
were t,e "irect an" i$$e"iate cause of ,is unti$ely "eat,! to t,e "a$age an" pre'u"ice of t,e ,eirs of t,e sai" SPO1 G#R%)UG CAST%LLO! +R0! y BALB%#0
T,e prosecution presente" two eyewitnesses! 3ictor #ilo &ernan"e4 an" Re"en *u4$an! seeing t,e two accuse" s,ot t,e victi$0
Appelants on t,e ot,er ,an"! "enie" accusation against ,i$! averring t,at t,ey were in Alan fro$ +une until #ove$ber0
Trial court ren"ere" its "ecision! fin"ing t,e appellants guilty beyon" reasonable "oubt for t,e cri$e of $ur"er! bot, to suffer t,e penalty of reclusion perpetua an" to pay 'ointly an" severally t,e ,eirs of Gnri-ue Castillo t,e following: 18 PE!DDD0DD as actual "a$agesK 8 P1!DDD!DDD0DD as $oral "a$agesK an" <8 to pay t,e cost0
T,e appellants -uestion t,e cre"ibility of &e$an"e4 an" *u4$an0 T,ey aver t,at "uring t,e investigation! a certain Gbal"e gave ,is state$ents to t,e police t,at t,e car use" by t,e assailants was a gray .ia Pri"e0 T,ey also point out t,at t,e witnesses of t,e prosecution "i" not agree on t,e nu$ber of persons ri"ing t,e car w,ic, was stoppe" by Castillo0 T,ey liewise raise t,at "uring t,e initial investigation! t,e eyewitnesses "escribe" 5ataro as a $an between < to D years ol"0 5ataro was only years ol" at t,e ti$e of t,e inci"ent0 &inally! t,ey invoe t,e Fe-uipoiseF rule1
because t,eir guilt ,a" not been establis,e" beyon" reasonable "oubt0
%ssues: (,et,er or not t,e trial court erre" in: 000CO#3%CT%#* T;G ACCUSG? APPGLLA#TS A#? %# #OT AC)U%TT%#* T;G5:
7A8 O# *ROU#?S O& RGASO#ABLG ?OUBTK A#? 7B8 BI APPLI%#* T;G FG)U%PO%SG RULG0F
Ruling:
T,e accuse" appellants invoe t,e =e-uipoise> rule because t,eir guilt ,a" not been establis,e" beyon" reasonable "oubt0 T,e SC sai" t,at it ,as enu$erate" t,e re-uisites for cre"ible i"entification in t,e case of
People v0 Tee,anee! +r0! @ SCRA 71@@8 as follows:
18 t,e witness9 opportunity to view t,e cri$inal at t,e ti$e of t,e cri$eK
8 witness9 "egree of attention at t,atti$eK <8 t,e accuracy of any prior "escription
given by t,e witnessK 8 t,e level of certainty "e$onstrate" by
t,e witness at t,e i"entificationK 8 t,e lengt, of ti$e between t,e cri$e
an" t,e i"entificationK an" 8 t,e suggestiveness of t,e i"entification
proce"ure0 12 T,e Court ,el" t,at in t,eir view! t,ese
re-uire$ents were $et0 %n t,e instant case! t,ere is no -uestion t,at bot, witnesses ,a" t,e opportunity to view t,e inci"ent as it unfol"e" before t,e$ wit, a "egree o attention t,at allowe" t,e$ to tae in t,e i$portan "etails an" recall t,e$ clearly0 5oreover! as repeate"ly
stresse"! appellate court s,oul" accor" to t,e factua fin"ings of trial courts an" t,eir evaluation great weig,t an" respect concerning t,e cre"ibility of witnesses0 T,e con"itions of visibility being favorable an" t,ese witnesses not appearing to be biase"! t,e conclusion of trial courts regar"ing t,e i"entity of t,e $alefactors s,oul" nor$ally be accepte"0
T,e SC also ,el" t,at t,e trial court "i" not err in -ualifying t,e illing as $ur"er0 T,ere was treac,ery in t,is case since! as testifie" to by prosecution witness &ernan"e4! t,e victi$ ,a" alrea"y "is$isse" t,e appellants after t,ey tale" to ,i$0 T,e victi$ was "eliberately allowe" to en'oy a false sense of security T,ey s,ot t,e victi$ w,en t,e latter ,a" ,is ,an"s raise"0 T,e SC t,erefore affir$e" t,e ruling of t,e lower court! but $a"e $o"ifications wit, t,e costs to be pai" by t,e accuse"0
PEOPLE O7 T6E P6ILIPPINES "s# AN%ELES STA# TERESA) %#R# No# &@@) 42&5
&acts:
T,at so$eti$e in t,e $ont, of October! 1@@! at Brgy0 Sole"a"! 5unicipality of Sta0 Rosa! Province of #ueva Gci'a! P,ilippines! an" wit,in t,e 'uris"iction of t,is ;onorable Court! t,e above/na$e" accuse"! wit, lew" "esign! an" by $eans of force! violence an" inti$i"ation! "i" t,en an" t,ere willfully! unlawfully an" feloniously ,ave carnal nowle"ge of ,is own $inor "aug,ter LOR#A STA0 TGRGSA! w,o is about 1 years ol"! taing a"vantage of ,er ten"er age an" innocence! against ,er will an" wit,out ,er consent! to ,er "a$age an" pre'u"ice0
(,en arraigne"! appellant wit, t,e assistance of ,is counsel de oficio plea"e" Fnot guilty0F But after t,e prosecution presente" its witnesses // ?r0 5aria Lorraine ?e *u4$an! $e"ico/legal officer! an" t,e rape victi$ wit,"rew ,is plea of Fnot guiltyF an" c,ange" it to a plea of Fguilty0F ;e sai" t,at ,e F,a" no intention to co$$it suc, act at t,e ti$e but because % was "run! % was not on $y rig,t $in" x x x0F ;e t,en ase" t,at ,e be par"one" for ,is "ee"0
T,e trial court t,en a"$itte" all t,e "ocu$entary ex,ibits offere" by t,e prosecution wit,out any co$$ent an"6or ob'ection fro$ t,e "efense counsel0 %t grante" t,e $otion of appellant to c,ange ,is plea to one of guilt0
T,e trial court! after evaluating t,e prosecution evi"ence an" consi"ering appellantJs a"$ission of t,e cri$e! convicte" ,i$ of rape an" sentence" ,i$ to "eat,0
%ssues:
10 (,et,er or not t,e court a quo gravely erre" in not entering a plea of not guilty for t,e accuse"/appellant an" in not affor"ing t,e latter t,e opportunity to a""uce controverting evi"ence in blatant violation of ,is rig,t to "ue process0
0 (,et,er or not t,e court a quo gravely erre" in convicting t,e accuse"/appellant in spite of t,e $aterial inconsistencies an" i$probabilities t,at tainte" t,e testi$ony of t,e private co$plainant0
<0 (,et,er or not t,e court a quo gravely erre" in convicting t,e accuse"/appellant in spite of t,e fact t,at t,e testi$ony of t,e private co$plainant is contrary to t,e co$$on
nowle"ge an" experience of $anin"0
0 (,et,er or not t,e court a quo gravely erre" in convicting t,e accuse"/appellant in spite of co$plainantJs failure to offer any resistance prior to an" even "uring ,er allege" rape0
Ruling: T,e court fin"s t,at t,e stringent constitutional
stan"ar"s i$pelle" by "ue process ,ave not been
co$plie" wit, in t,e court a quo! t,us necessitating t,e re$an" of t,is case for furt,er procee"ings0
As can be gleane" fro$ t,is Rule! t,e trial court $ust! if t,e accuse" plea"s guilty to a capital offense! first ! con"uct a searc,ing in-uiry into t,e voluntariness o t,e plea an" t,e accuse"Js full co$pre,ension of t,e conse-uences t,ereofK second ! re-uire t,e prosecution to present evi"ence to prove t,e guilt of t,e accuse" an" t,e precise "egree of ,is culpabilityK an" third ! as t,e accuse" if ,e "esires to present evi"ence on ,is be,alf an" allow ,i$ to "o so if ,e "esires0 As s,own in t,e recor"s of t,e case! t,e trial court! after a brief exc,ange of re$ars wit, appellantJs counsel de oficio! an" finally wit, appellant ,i$self! issue" t,e Or"er "ate" 5ay 1 1@@E or nine 7@8 "ays after t,e accuse" was initially arraigne"0
T,e court ,el" t,at t,e abbreviate" an" aborte" presentation of t,e prosecution evi"ence an" appellantJs i$provi"ent plea of guilty! wit, t,e scanty an" lacluster perfor$ance of ,is counsel de oficio! are 'ust too exiguous to accept as being t,e stan"ar" constitutiona "ue process at wor enoug, to snuff out t,e life of a
,u$an being0T,e rig,t to counsel procee"s fro$ t,e fun"a$ental principle of "ue process w,ic, basically $eans t,at a person $ust be ,ear" before being con"e$ne"0 T,e "ue process re-uire$ent is a part of a personJs basic rig,tsK it is not a $ere for$ality t,at $ay be "ispense" wit, or perfor$e" perfunctorily0
FT,e rig,t to counsel $ust be $ore t,an 'ust t,e presence of a lawyer in t,e courtroo$ or t,e $ere propoun"ing of stan"ar" -uestions an" ob'ections0 T,e rig,t to counsel $eans t,at t,e accuse" is a$ply accor"e" legal assistance exten"e" by a counsel w,o co$$its ,i$self to t,e cause for t,e "efense an" acts accor"ingly0 T,e rig,t assu$es an active involve$ent by t,e lawyer in t,e procee"ings! particularly at t,e trial of t,e case! ,is bearing constantly in $in" of t,e basic
rig,ts of t,e accuse"! ,is being well/verse" on t,e case an" ,is nowing t,e fun"a$ental proce"ures! essentia laws an" existing 'urispru"ence0 T,e rig,t of an accuse" to counsel fin"s substance in t,e perfor$ance by t,e lawyer of ,is sworn "uty of fi"elity to ,is client0 Tersely put! it $eans an efficient an" truly "ecisive lega assistance an" not a si$ple perfunctory representation0F
Using t,is stan"ar"! t,e court believes t,at t,e "efense counselJs con"uct falls s,ort of t,e co$$it$ent an" 4eal re-uire" of ,i$ as appellantJs attorney0 Barely nine 7@8 "ays after appellant plea"e" Fnot guiltyF to t,e cri$e c,arge"! ,is counsel de oficio $a"e a $anifestation in open court t,at ,is client is c,anging ,is plea to t,at of Fguilty0F
AB!A9AN 9o*,h) vs. COMMISSION ON ELECTIONS) %#R# No# &'8@@) 42&5
MIC6ELLE D# !ETITO , vs. C6AIRMAN AL7REDO !ENIPA9O 4COMELEC5)%#R# No# &'8&8?) 42&5
&acts: Petitioners in t,is case represent t,e yout,
sector an" t,ey see to see to "irect CO5GLGC to con"uct a special registration before t,e 5ay 1! DD1 *eneral Glections! of new voters ages 12 to 10 Accor"ing to t,e$! aroun" four $illion yout, faile" to register on or before t,e ?ece$ber E! DDD "ea"line set by t,e respon"ent CO5GLGC0
;owever! t,e CO5GLGC issue" Resolution #o0 <2 "isapproving t,e re-uest for a""itional registration of voters on t,e groun" t,at Section 2 of R0A0 212@ explicitly provi"es t,at no registration s,all be con"ucte" "uring t,e perio" starting one ,un"re" twenty 71D8 "ays before a regular election an" t,at t,e Co$$ission ,as no $ore ti$e left to acco$plis, all pre/election activities0
Aggrieve" by t,e "enial! petitionersfile" before t,e SC t,e instant w,ic, sees to set asi"e an" nullify respon"ent CO5GLGCJs Resolution an"6or to "eclare Section 2 of R0 A0 212@ unconstitutional insofar as sai" provision effectively causes t,e "isenfranc,ise$ent of petitioners an" ot,ers si$ilarly situate"0 Liewise! petitioners pray for t,e issuance of a writ of $an"a$us "irecting respon"ent CO5GLGC to con"uct a special registration of new voters an" to a"$it for registration petitioners an" ot,er si$ilarly situate" young &ilipinos to -ualify t,e$ to vote in t,e 5ay 1! DD1 *eneral Glections
%ssues:
10 (,et,er or not respon"ent CO5GLGC co$$itte" grave abuse of "iscretion in issuing CO5GLGC ResolutionK 0 (,et,er or not t,e SC can co$pel respon"ent CO5GLGC to con"uct a special registration of new voters "uring t,e perio" between t,e CO5GLGCJs i$pose" ?ece$ber E! DDD "ea"line an" t,e 5ay 1! DD1 general elections0
Ruling: 10 #o
T,e rig,t of suffrage invoe" by petitioners is not at all absolute0 T,e exercise of t,e rig,t of suffrage! as in t,e en'oy$ent of all ot,er rig,ts is sub'ect to existing substantive an" proce"ural re-uire$ents e$bo"ie" in our Constitution! statute boos an" ot,er repositories of law0 As to t,e proce"ural li$itation! t,e rig,t of a citi4en to vote is necessarily con"itione" upon certain proce"ural re-uire$ents ,e $ust un"ergo: a$ong ot,ers! t,e process of registration0 Specifically! a citi4en in or"er to be -ualifie" to exercise ,is rig,t to vote! in a""ition to t,e $ini$u$ re-uire$ents set by t,efun"a$ental c,arter! is oblige" by law to register! at present! un"er t,e provisions of Republic Act #o0 212@! ot,erwise nown as t,e F3oterJs Registration Act of 1@@0F Section 2! of t,e R0A0 212@! explicitly provi"es t,at F#o registration s,all! ,owever! be
con"ucte" "uring t,e perio" starting one ,un"re" twenty 71D8 "ays before a regular election an" ninety 7@D8 "ays before a special election0F T,e 1DD/"ay pro,ibitive perio" serves a vital role in protecting t,e integrity of t,e registration process0 (it,out t,e pro,ibitive perio"s! t,e CO5GLGC woul" be "eprive" of any ti$e to evaluate t,e evi"ence on t,e application0 %f we co$pro$ise on t,ese safety nets! we $ay very well en" up wit, a voterJs list full of flying voters! overflowing wit, un-ualifie" registrants! populate" wit, s,a"ows an" g,osts0
Liewise! petitioners invoe t,e so calle" Fstandby F powers or Fresidual F powers of t,e CO5GLGC! as provi"e" un"er t,e relevant provisions o Sec0 2 of RA 2< F?esignation of Ot,er ?ates fo Certain Pre/ election ActF00 T,e act of registration is conce"e"ly! by its very nature! a pre/election act0 Un"er Section <7a8 of R0A0 212@! F7a8 Registration refers to t,e act of acco$plis,ing an" filing of a sworn application fo registration by a -ualifie" voter before t,e election office of t,e city or $unicipality w,erein ,e resi"es an" inclu"ing t,e sa$e in t,e boo of registere" voters upon
approval by t,e Glection Registration Boar"0 %t bearse$p,asis t,at t,e provisions of Section @ of R0A0 2< invoe" by ,erein petitioners an" Section 2 of R0A0 212@ volunteere" by respon"ent CO5GLGC! far fro$ contra"icting eac, ot,er0 SC ,ol" t,at Section 2 of R0A 212@ applies in t,e present case! for t,e purpose o up,ol"ing t,e assaile" CO5GLGC Resolution an" "enying t,e instant petitions! consi"ering t,at t,e aforesai" law explicitly provi"es t,at no registration s,all be con"ucte" "uring t,e perio" starting one ,un"re" twenty 71D8 "ays before a regular election0 T,e provisions of Section 2 R0A0 2< woul" co$e into play in cases w,ere t,e pre/ election acts are susceptible of perfor$ance wit,in t,e available perio" prior to election "ay0T,e Fstan"/by powerF of t,e respon"ent CO5GLGC un"er Section 2 o R0A0 2<! presupposes t,e possibility of its being
exercise" or availe" of! an" not ot,erwise0
5oreover! t,e petitioners in t,e instant case are not wit,out fault or bla$e0 T,ey a"$it in t,eir petition t,at t,ey faile" to register! for w,atever reason wit,in t,e perio" of registration an" ca$e to t,is Court an" invoe" its protective $antle not reali4ing! so to spea! t,e spec in t,eir eyes0 Impuris minibus nemo accedat curiam. Let no one co$e to court wit, unclean ,an"s0 (ell/entrenc,e" is t,e rule in our 'uris"iction t,at t,e law ai"s t,e vigilant an" not t,ose w,o slu$ber on t,eir rig,ts0igilantis sed non dormientibus !ura in re subveniunt.
0 #O 0
SC believes t,at petitioners faile" to establis,! to t,e satisfaction of t,is Court! t,at t,ey are entitle" to t,e issuance of t,is extraor"inary writ so as to effectively co$pel respon"ent CO5GLGC to con"uct a special registration of voters0
TUN% C6IN 6UI "s#RU7US !# RODRI%UE$) Commissioner o/ Immi+ra,ion an0 ,he !OARD O7 COMMISSIONERS) !*rea* o/ Immi+ra,ion an0 Depor,a,ion) %#R# No# &'&?() 42&5
&acts: Petitioner! a FTaiwanese national!F arrive" in t,is
country! as a te$porary visitor0 A few "ays later! ,e was arreste" by several police$en! w,o turne" ,i$ over to t,e Bureau of %$$igration an" ?eportation 7B%?80 ;e was t,en "uly c,arge"! an" t,e Bill of Co$$issioners issue" Su$$ary ?eportation Or"er! fin"ing ,i$ guilty of possessing a ta$pere" passport earlier cancelle" by Taiwanese aut,orities0
Petitioner file" before t,e Regional Trial Court 7RTC8 of 5anila a Petition for ;abeas Corpus on t,e groun" t,at ,is "etention was illegal0 %n t,eir Return of (rit! respon"ents "enie" petitionerJs clai$0 %n a ?ecision! t,e trial court grante" ,is Petition an" or"ere" ,is release an" conse-uently "enie" respon"entsJ 5otion for Reconsi"eration0
Respon"ents t,en file" a #otice of Appeal w,ic, was grante"0 Subse-uently! t,e appellate court ren"ere" its ?ecision! w,ic, as earlier $entione" reverse" t,e trial court0
5eanw,ile! "uring t,e pen"ency of t,e
procee"ings before t,e CA! petitioner file" a Petition forCertiorari before t,is Court! conten"ing t,at t,e RTC s,oul" ,ave re'ecte" t,e appeal for allege"ly being file" late/beyon" t,e 2/,our perio" provi"e" un"er t,e pre/1@@E Rules of Court0 %n its "ecision! w,ic, beca$e final! t,is Court "enie" t,e Petition0
T,e appellate court ,el" t,at petitioner was not entitle" to t,e writ of ,abeas corpus! because t,e B%? Boar" of Co$$issioners ,a" foun" ,i$ guilty of violating Section <E 7a8 of t,e P,ilippine %$$igration Act of 1@D! as a$en"e"0 Citing "ocu$ents fro$ t,e Taiwan Gcono$ic an" Cultural Offices 7TGCO8! t,e CA foun" t,at petitionerJs passport ,a" been cancelle" by t,e Republic of C,ina on t,e groun" t,at its ,ol"er was not t,e real Tung C,in ;ui! but a fugitive fro$ 'ustice w,o ,a" ta$pere" t,e passport0 T,e CA also ,el" t,at t,e TGCO
"ocu$ents! being public in nature! nee" not be testifie" to by t,e persons w,o ,a" issue" t,e$0
%ssues:
A0 PR%#C%PAL %SSUGS:
718 %s t,e regle$entary perio" wit,in w,ic, to appeal in ,abeas corpus cases forty/eig,t ,ours fro$ notice of t,e ?ecision appeale" fro$N 7as petitioner conten"s8K or is it 1 "ays si$ilar to ot,er cases fro$ notice of t,e ?ecisionN 7as conten"e" by t,e respon"ents8K
78 (as t,e appeal taen by t,e respon"ents fro$ t,e
Or"er of t,e Regional Trial Court of 5anila! Branc, !"enying respon"entsJ 5otion for Reconsi"eration! properN 7as postulate" by t,e respon"ents8 or i$proper an" not allowable being violative of Sec0 1 7a8! Rule 1! of t,e 1@@E Rules of Civil Proce"ureN 7as co$pre,en"e" by t,e petitioner8
A0 SGCO#?ARI %SSUGS:
718 S,oul" t,e Court of Appeals give weig,t to fin"ings of fact arrive" at by t,e Regional Trial Court of 5anila!
Branc, ! base" on t,e evi"ence presente" or a""uce" "uring t,e trial of t,e case! in eeping wit, establis,e" prece"entsN
78 5ay t,e ;onorable Court of Appeals consi"e extraneous facts broug,t out by t,e respon"ents in t,eir
$e$oran"u$ but are not supporte" by t,e evi"encepresente"! i"entifie" an" a"$itte" by t,e trial cour "uring t,e ,earing of t,e caseN
7<8 ?i" t,e Court of Appeals ac-uire 'uris"iction over t,e case w,en t,e appeal was file" out of ti$e an" t,e Or"er appeale" fro$ is not appealableNF
Ruling: T,e Petition is not $eritorious0 Propriety of the Appeal
T,e regle$entary perio" for filing an appeal in a ,abeas corpus case is now si$ilar to t,at in or"inary civil actions an" is governe" by Section <! Rule 1 of t,e 1@@E Rules! w,ic, provi"es:
JSGC0 <0 "eriod of ordinary appeal. / T,e appea s,all be taen wit,in fifteen 718 "ays fro$ notice of t,e
'u"g$ent or final or"er appeale" fro$0 (,ere a recor" on appeal is re-uire" t,e appellant s,all file a notice of appeal an" a recor" on appeal wit,in t,irty 7<D8 "ays fro$ notice of t,e 'u"g$ent or final or"er0
T,e perio" of appeal s,all be interrupte" by a ti$ely $otion for new trial or reconsi"eration0 #o $otion for extension of ti$e to file a $otion for new trial o reconsi"eration s,all be allowe"0J
%n t,is lig,t! t,e appeal was seasonably file" wit,in t,e 1/"ay regle$entary perio"0
Propriety of the Writ of Habeas Corpus Section 1! Rule 1D of t,e Rules o
Court provi"es t,at Ft,e writ of ,abeas corpus s,al exten" to all cases of illegal confine$ent or "etention by w,ic, any person is "eprive" of ,is liberty! or by w,ic, t,e rig,tful custo"y of any person is wit,,el" fro$ t,e person entitle" t,ereto0F T,e ob'ective of t,e writ is to "eter$ine w,et,er t,e confine$ent or "etention is vali" or lawful0 %f it is! t,e writ cannot be issue"0
%n t,e instant case! petitioner was properly c,arge" before t,e Bureau of %$$igration fo illegally entering t,e P,ilippines wit, t,e use of a passport issue" to anot,er person an" cancelle" by t,e Taiwanese govern$ent in 1@@0
Alleged Lack of Notice T,e court re'ects petitionerJs reliance
on t,e ruling of t,e trial court t,at Fw,ile it $ay be true
t,at t,ere is a Su$$ary ?eportation Or"er against t,epetitioner allege"ly for being an un"ocu$ente" alien ,aving use" a passport w,ic, ,a" alrea"y been cancelle"! t,ere is no s,owing t,at ,e was infor$e" about it0 T,ere is no sufficient basis to overturn t,e presu$ption t,at t,e Bureau of %$$igration con"ucte" its procee"ings in accor"ance wit, law0
%n su$! t,e court ,ol" t,at petitionerJs confine$ent was not illegalK ,ence! t,ere is no
'ustification for t,e issuance of a writ of ,abeas corpus 5oreover! ,e ,as not s,own any cogent reason to
warrant t,e nullification of t,e Boar" of Co$$issionersJ Su$$ary ?eportation Or"er0
UNIVERSIT9 O7 T6E P6ILIPPINES an0 AL7REDO DE TORRES "s# CIVIL SERVICE COMMISSION) %#R# No# &2(@) Apri. ) 2&
&acts:
?r0 Alfre"o B0 ?e Torres is an Associate Professor of t,e University of t,e P,ilippines in Los BaQos 7UPLB8 w,o went on a vacation leave of absence wit,out pay fro$ Septe$ber 1! 1@2 to August <D! 1@2@ "ue to ,is service as t,e P,ilippine *overn$entJJ official representative to t,e Centre on %ntegrate" Rural ?evelop$ent for Asia an" t,e Pacific 7C%R?AP80
(,en t,e ter$ of ,is leave of absence was about to expire! C%R?AP re-ueste" t,e UPLB for an extension of sai" leave of absence for anot,er year! but was "enie" by t,en ?irector of t,e Agricultural Cre"it Corporation! %nc0 7ACC%8 of UPLB$ a"vise" ?e Torres to
report for "utyK w,ile t,e t,en UPLB C,ancellor apprise",i$ on t,e rules of t,e Civil Service on leaves an" warne" of t,e possibility of being consi"ere" on Absence (it,out Official Leave 7A(OL8 if ,e faile" to return an" report for "uty as "irecte"0
?r0 ?e Torres wrote UPLB t,at ,e ,a" Jno alternative but to pursue t,e $atter in continuing ,is co$$it$ent to C%R?AP! an" was a"vise" t,at failure to report wit,in <D "ays! ,e woul" be "roppe" fro$ t,e rolls of personnel0 ?espite t,e warning! ?r0 ?e Torres "i" not report to wor0
After al$ost five years of absence wit,out leave! ?r0 ?e Torres wrote t,e incu$bent C,ancellor Ruben L0 3illareal t,at ,e was reporting bac to "uty0 ;e was t,en notifie" ,e was consi"ere" to be on A(OL0 T,us! ,e was a"vise" to re/apply wit, UPLB0
?r0 ?e Torres soug,t reconsi"eration an" was furt,er grante"0 5eanw,ile! $e$bers of t,e aca"e$ic Personnel Co$$ittee re-ueste" t,e Civil Service Co$$ission regar"ing t,e e$ploy$ent status of ?r0 ?e Torres0

Univ Cebu Political Law Jurisprudence 2012

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