Consti Part2 - Digests

7/28/2019 Consti Part2 - Digests

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Commendador vs de villa

Facts: This is a consolidated case of members of the AFP who were charged with 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). The petitioners were questioning

the conduct of the pre-trial investigation conducted where a motion to bail was filed but was denied.Petitioner applied for provisional liberty and preliminary injunction before the court which was granted.

However De Villa refused to release petitioner for provisional liberty pending the resolution of the

appeal they have taken before the court invoking that military officers are an exemption from the right

to bail guaranteed by the Constitution. Decision was rendered reiterating the release for provisional

liberty of petitioners with the court stating that there is a mistake in the presumption of respondents

that bail does not apply among military men facing court martial proceeding. Respondents now appeal

before the higher court.

Issue: Whether or not military men are exempted from the Constitutional guarantee on the right to bail.

Held: We find that the right to bail invoked by the private respondents 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 Arula, where we observed that "the right to a speedy trial is given

more emphasis in the 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 ofrevenues collected from the people. All other insurgent elements carry out their activities outside of and

against the existing political system. National security considerations should also impress upon this

Honorable Court that release on bail of respondents constitutes a damaging precedent.

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

do 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 been discriminated against because they are not allowed the same right that is extended

to civilians.

RICARDO L. MANOTOC,jr. vs. COURT OF APPEALS

Issue: Does a person facing a criminal indictment and provisionally released on bail have an unrestricted

right to travel?

Facts: Petitioner as president of Manotoc Securities, Imc. was charged with estafa for accepting fake

certificates of Torrens title. He posted bail. Petitioner filed before the trial courts a motion entitled,


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"motion for permission to leave the country," stating as ground therefor his desire to go to the United

States, "relative to his business transactions and opportunities." The prosecution opposed said motion

and after due hearing, both trial judges denied the same. Petitioner thus filed a petition for certiorari

and mandamus before the then Court of Appeals seeking to annul the orders of Judges Camilon and

Pronove, respectively, as well as the communication-request of the Securities and Exchange

Commission, denying his leave to travel abroad. He likewise prayed for the issuance of the appropriate

writ commanding the Immigration Commissioner and the Chief of the Aviation Security Command

(AVSECOM) to clear him for departure. The Court of Appeals denied the petition.

Held: NO. A court has the power to prohibit a person admitted to bail from leaving the Philippines. This

is a necessary consequence of the nature and function of a bail bond. Rule 114, Section 1 of the Rules of

Court defines bail as the security required and given for the release of a person who is in the custody of

the law, that he will appear before any court in which his appearance may be required as stipulated in

the bail bond or recognizance.

Its object is to relieve the accused of imprisonment and the state of the burden of keeping him, pending

the trial, and at the same time, to put the accused as much under the power of the court as if he were in

custody of the proper officer, and to secure the appearance of the accused so as to answer the call of

the court and do what the law may require of him.

The condition imposed upon petitioner to make himself available at all times whenever the court

requires his presence operates as a valid restriction on his right to travel. Indeed, if the accused were

allowed to leave the Philippines without sufficient reason, he may be placed beyond the reach of the

courts. The effect of a recognizance or bail bond, when fully executed or filed of record, and the prisoner

released thereunder, is to transfer the custody of the accused from the public officials who have him in

their charge to keepers of his own selection. Such custody has been regarded merely as a continuation

of the original imprisonment. The sureties become invested with full authority over the person of the

principal and have the right to prevent the principal from leaving the state.

If the sureties have the right to prevent the principal from leaving the state, more so then has the court

from which the sureties merely derive such right, and whose jurisdiction over the person of the principal

remains unaffected despite the grant of bail to the latter.

With regard to petitioners reliance on the case of People vs Shepherd,

A perusal of petitioner's 'Motion for Permission to Leave the Country' will show that it is solely

predicated on petitioner's wish to travel to the United States where he will, allegedly attend to some

business transactions and search for business opportunities. From the tenor and import of petitioner's

motion, no urgent or compelling reason can be discerned to justify the grant of judicial imprimatur

thereto. Petitioner has not sufficiently shown that there is absolute necessity for him to travel abroad.

Petitioner's motion bears no indication that the alleged business transactions could not be undertaken

by any other person in his behalf. Neither is there any hint that petitioner's absence from the United

States would absolutely preclude him from taking advantage of business opportunities therein, nor is


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there any showing that petitioner's non-presence in the United States would cause him irreparable

damage or prejudice.

GOVERNMENT OF HONG KONG SPECIAL ADMINISTRATIVE REGION, vs. HON. FELIXBERTO T. OLALIA,

JR.

Facts: The Republic of the Philippines and the then British Crown Colony of Hong Kong signed an

"Agreement for the Surrender of Accused and Convicted Persons." Private respondent Muoz was

charged before the Hong Kong Court with three (3) counts of the offense of "accepting an advantage as

agent," in violation of Section 9 (1) (a) of the Prevention of Bribery Ordinance, Cap. 201 of Hong Kong.

He also faces seven (7) counts of the offense of conspiracy to defraud, penalized by the common law of

Hong Kong. Warrants of arrest were issued against him. The DOJ received from the Hong Kong

Department of Justice a request for the provisional arrest of private respondent. The RTC issued an

Order of Arrest against private respondent. That same day, the NBI agents arrested and detained him.

Meanwhile, petitioner Hong Kong Special Administrative Region filed with the RTC of Manila a petition

for the extradition of private respondent. For his part, private respondent filed, in the same case,- a

petition for bail which was opposed by petitioner. Muoz filed a petition for bail which was denied by

Judge Bernardo, Jr. holding that there is no Philippine law granting bail in extradition cases and that

private respondent is a high flight risk. After Judge Bernardo, Jr. inhibited himself from further hearing

the case, it was then raffled off to Branch presided by respondent judge. Private respondent filed a

motion for reconsideration of the Order denying his application for bail and this was granted by

respondent judge.

Issue: should the right to bail be granted to an extradite?

Held: Yes.

While this Court in Purganan case limited the exercise of the right to bail to criminal proceedings,

however, in light of the various international treaties giving recognition and protection to human rights,

particularly the right to life and liberty, a reexamination of this Courts ruling in Purganan is in order.

First, we note that the exercise of the States power to deprive an individual of his liberty is not

necessarily limited to criminal proceedings. Respondents in administrative proceedings, such as

deportation and quarantine, have likewise been detained.

Second, to limit bail to criminal proceedings would be to close our eyes to our jurisprudential history.

Philippine jurisprudence has not limited the exercise of the right to bail to criminal proceedings only.This Court has admitted to bail persons who are not involved in criminal proceedings. In fact, bail has

been allowed in this jurisdiction to persons in detention during the pendency of administrative

proceedings, taking into cognizance the obligation of the Philippines under international conventions to

uphold human rights. If bail can be granted in deportation cases, we see no justification why it should

not also be allowed in extradition cases. Likewise, considering that the Universal Declaration of Human

Rights applies to deportation cases, there is no reason why it cannot be invoked in extradition cases.


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After all, both are administrative proceedings where the innocence or guilt of the person detained is not

in issue.

Clearly, the right of a prospective extraditee to apply for bail in this jurisdiction must be viewed in the

light of the various treaty obligations of the Philippines concerning respect for the promotion and

protection of human rights. Under these treaties, the presumption lies in favor of human liberty. Thus,the Philippines should see to it that the right to liberty of every individual is not impaired.

Section 2(a) of Presidential Decree (P.D.) No. 1069 (The Philippine Extradition Law) defines "extradition"

as "the removal of an accused from the Philippines with the object of placing him at the disposal of

foreign authorities to enable the requesting state or government to hold him in connection with any

criminal investigation directed against him or the execution of a penalty imposed on him under the

penal or criminal law of the requesting state or government."

Extradition has thus been characterized as the right of a foreign power, created by treaty, to demand

the surrender of one accused or convicted of a crime within its territorial jurisdiction, and the correlative

duty of the other state to surrender him to the demanding state. It is not a criminal proceeding. Even if

the potential extraditee is a criminal, an extradition proceeding is not by its nature criminal, for it is not

punishment for a crime, even though such punishment may follow extradition.It is sui generis, tracing its

existence wholly to treaty obligations between different nations.

But while extradition is not a criminal proceeding, it is characterized by the following: (a) it entails a

deprivation of liberty on the part of the potential extraditee and (b) the means employed to attain the

purpose of extradition is also "the machinery of criminal law."

Obviously, an extradition proceeding, while ostensibly administrative, bears all earmarks of a criminal

process. A potential extraditee may be subjected to arrest, to a prolonged restraint of liberty, and forcedto transfer to the demanding state following the proceedings. "Temporary detention" may be a

necessary step in the process of extradition, but the length of time of the detention should be

reasonable.

Records show that private respondent was arrested on September 23, 1999, and remained incarcerated

until December 20, 2001, when the trial court ordered his admission to bail. In other words, he had been

detained for over two (2) years without having been convicted of any crime. By any standard, such an

extended period of detention is a serious deprivation of his fundamental right to liberty. In fact, it was

this prolonged deprivation of liberty which prompted the extradition court to grant him bail. While our

extradition law does not provide for the grant of bail to an extraditee, however, there is no provision

prohibiting him or her from filing a motion for bail, a right to due process under the Constitution.

The applicable standard of due process, however, should not be the same as that in criminal

proceedings. In the latter, the standard of due process is premised on the presumption of innocence of

the accused. Bearing in mind the purpose of extradition proceedings, the premise behind the issuance of

the arrest warrant and the "temporary detention" is the possibility of flight of the potential extraditee.

This is based on the assumption that such extraditee is a fugitive from justice.


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The time-honored principle of pacta sunt servanda demands that the Philippines honor its obligations

under the Extradition Treaty it entered into with the Hong Kong Special Administrative Region. However,

it does not necessarily mean that in keeping with its treaty obligations, the Philippines should diminish a

potential extraditees rights to life, liberty, and due process.

An extradition proceeding being sui generis, the standard of proof required in granting or denying bailcan neither be the proof beyond reasonable doubt in criminal cases nor the standard of proof of

preponderance of evidence in civil cases. While administrative in character, the standard of substantial

evidence used in administrative cases cannot likewise apply given the object of extradition law which is

to prevent the prospective extraditee from fleeing our jurisdiction. Justice Reynato S. Puno, proposed

that a new standard which he termed "clear and convincing evidence" should be used in granting bail in

extradition cases. According to him, this standard should be lower than proof beyond reasonable doubt

but higher than preponderance of evidence. The potential extraditee must prove by "clear and

convincing evidence" that he is not a flight risk and will abide with all the orders and processes of the

extradition court.

In this case, there is no showing that private respondent presented evidence to show that he is not a

flight risk.

Galman vs Sandiganbayan

Facts: Assassination of former Senator Benigno "Ninoy" Aquino, Jr. He was killed from his plane that had

just landed at the Manila International Airport. His brain was smashed by a bullet fired point-blank into

the back of his head by an assassin. The military investigators reported within a span of three hours that

the man who shot Aquino (whose identity was then supposed to be unknown and was revealed only

days later as Rolando Galman) was a communist-hired gunman, and that the military escorts gunned

him down in turn. President was constrained to create a Fact Finding Board to investigate due to largemasses of people who joined in the ten-day period of national mourning yearning for the truth, justice

and freedom. The fact is that both majority and minority reports were one in rejecting the military

version stating that "the evidence shows to the contrary that Rolando Galman had no subversive

affiliations. Only the soldiers in the staircase with Sen. Aquino could have shot him; that Ninoy's

assassination was the product of a military conspiracy, not a communist plot. Only difference between

the two reports is that the majority report found all the twenty-six private respondents above-named in

the title of the case involved in the military conspiracy; " while the chairman's minority report would

exclude nineteen of them .Then Pres. Marcos stated that evidence shows that Galman was the killer.

Petitioners pray for issuance of a TRO enjoining respondent court from rendering a decision in the two

criminal cases before it, the Court resolved by nine-to-two votes 11 to issue the restraining order prayed

for. The Court also granted petitioners a five-day period to file a reply to respondents' separate

comments and respondent Tanodbayan a three-day period to submit a copy of his 84-page

memorandum for the prosecution. But ten days later, the Court by the same nine-to-two-vote ratio in

reverse, resolved to dismiss the petition and to lift the TRO issued ten days earlier enjoining the

Sandiganbayan from rendering its decision. The same Court majority denied petitioners' motion for a

new 5-day period counted from receipt of respondent Tanodbayan's memorandum for the prosecution


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(whichapparently was not served on them).Thus, petitioners filed a motion for reconsideration, alleging

that the dismissal did not indicate the legal ground for such action and urging that the case be set for a

full hearing on the merits that the people are entitled to due process. However, respondent

Sandiganbayan issued its decision acquitting all the accused of the crime charged, declaring them

innocent and totally absolving them of any civil liability. Respondents submitted that with the

Sandiganbayan's verdict of acquittal, the instant case had become moot and academic. Thereafter, same

Court majority denied petitioners' motion for reconsideration for lack of merit. Hence, petitioners filed

their motion to admit their second motion for reconsideration alleging that respondents committed

serious irregularities constituting mistrial and resulting in miscarriage of justice and gross violation of the

constitutional rights of the petitioners and the sovereign people of the Philippines to due process of law.

Issue:

Whether or not petitioner was deprived of his rights as an accused.

Whether or not there was a violation of the double jeopardy clause.

Held: Petitioners' second motion for reconsideration is granted and ordering a re-trial of the said cases

which should be conducted with deliberate dispatch and with careful regard for the requirements of due

process. Deputy Tanodbayan Manuel Herrera (made his expose 15 months later when former Pres. Was

no longer around) affirmed the allegations in the second motion for reconsideration that he revealed

that the Sandiganbayan Justices and Tanodbayan prosecutors were ordered by Marcos to whitewash

the Aquino-Galman murder case. Malacaang wanted dismissal to the extent that a prepared resolution

was sent to the Investigating Panel. Malacaang Conference planned a scenario of trial where the

former President ordered then that the resolution be revised by categorizing the participation of each

respondent; decided that the presiding justice, Justice Pamaran, (First Division) would personally handle

the trial. A conference was held in an inner room of the Palace. Only the First Lady and Presidential LegalAssistant Justice Lazaro were with the President. The conferees were told to take the back door in going

to the room where the meeting was held, presumably to escape notice by the visitors in the reception

hall waiting to seethe President. During the conference, and after an agreement was reached, Pres.

Marcos told them 'Okay, mag moro-moro na lamang kayo;' and that on their way out of the room

Pres.Marcos expressed his thanks to the group and uttered 'I know how to reciprocate'. The Court then

said that the then President (code-named Olympus) had stage-managed in and from Malacaang Palace

"a scripted and predetermined manner of handling and disposing of theAquino-Galman murder case;"

and that "the prosecution in the Aquino-Galman case and the Justices who tried and decided the same

acted under the compulsion of some pressure which proved to be beyond their capacity to resist. Also

predetermined the final outcome of the case" of total absolution of the twenty-six respondents-accused

of all criminal and civil liability. Pres.Marcos came up with a public statement aired over television that

Senator Aquino was killed not by his military escorts, but by a communist hired gun. It was, therefore,

not a source of wonder that President Marcos would want the case disposed of in a manner consistent

with his announced theory thereof which, at the same time, would clear his name and his administration

of any suspected guilty participation in the assassination. such a procedure would be a better

arrangement because, if the accused are charged in court and subsequently acquitted, they may claim


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the benefit of the doctrine of double jeopardy and thereby avoid another prosecution if some other

witnesses shall appear when President Marcos is no longer in office. More so was there suppression of

vital evidence and harassment of witnesses. The disappearance of witnesses two weeks after Ninoy's

assassination. According to J. Herrera," nobody was looking for these persons because they said Marcos

was in power. The assignment of the case to Presiding Justice Pamaran; no evidence at all that the

assignment was indeed by virtue of a regular raffle, except the uncorroborated testimony of Justice

Pamaran himself. The custody of the accused and their confinement in a military camp, instead of in a

civilian jail. The monitoring of proceedings and developments from Malacaang and by Malacaang

personnel. The partiality of Sandiganbayan betrayed by its decision: That President Marcos had wanted

all of the twenty-six accused to be acquitted may not be denied. In rendering its decision, the

Sandiganbayan overdid itself in favoring the presidential directive. Its bias and partiality in favor of the

accused was clearly obvious. The evidence presented by the prosecution was totally ignored and

disregarded. The record shows that the then President misused the overwhelming resources of the

government and his authoritarian powers to corrupt and make a mockery of the judicial process in the

Aquino-Galman murder cases. "This is the evil of one-man rule at its very worst." Our Penal Code

penalizes "any executive officer who shall address any order or suggestion to any judicial authority with

respect to any case or business coming within the exclusive jurisdiction of the courts of justice.

"Impartial court is the very essence of due process of law. This criminal collusion as to the handling and

treatment of the cases by public respondents at the secret Malacaang conference(and revealed only

after fifteen months by Justice Manuel Herrera) completely disqualified respondent Sandiganbayan and

voided ab initio its verdict. The courts would have no reason to exist if they were allowed to be used as

mere tools of injustice, deception and duplicity to subvert and suppress the truth. More so, in the case

at bar where the people and the world are entitled to know the truth, and the integrity of our judicial

system is at stake. There was no double jeopardy. Courts' Resolution of acquittal was a void judgment

for having been issued without jurisdiction. No double jeopardy attaches, therefore. A void judgment is,

in legal effect, no judgment at all. By it no rights are divested. It neither binds nor bars anyone. All acts

and all claims flowing out of it are void. Motion to Disqualify/Inhibit should have been resolved ahead. In

this case, petitioners' motion for reconsideration of the abrupt dismissal of their petition and lifting of

the TRO enjoining the Sandiganbayan from rendering its decision had been taken cognizance of by the

Court which had required the respondents', including the Sandiganbayan's, comments. Although no

restraining order was issued anew, respondent Sandiganbayan should not have precipitately issued its

decision of total absolution of all the accused pending the final action of this Court. All of the acts of the

respondent judge manifest grave abuse of discretion on his part amounting to lack of jurisdiction which

substantively prejudiced the petitioner. With the declaration of nullity of the proceedings, the cases

must now be tried before an impartial court with an unbiased prosecutor. Respondents accused must

now face trial for the crimes charged against them before an impartial court with an unbiased

prosecutor with all due process. The function of the appointing authority with the mandate of the

people, under our system of government, is to fill the public posts. Justices and judges must ever realize

that they have no constituency, serve no majority nor minority but serve only the public interest as they

see it in accordance with their oath of office, guided only the Constitution and their own conscience and

honor.


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PEOPLE VS DRAMAYO

Facts: Dramayo brought up the idea of killing Estelito Nogaliza so that he could not testify in the robbery

ase where he is an accused. The idea was for Dramayo and Ecubin to ambush Estelito, who was

returning from Sapao. The others were to station themselves nearby. Only Dramayo and Ecubin were

convicted in the RTC for murder. Hence the appeal.

Issue:

Whether or not the accuseds criminal liability was proven beyond reasonable doubt.

Held:

Yes. It is to be admitted that the starting point is the Presumption of innocence. So it must be,according

to the Constitution.

That is a right safeguarded both appellants. Accusation is not, according to the fundamental law,

synonymous with guilt. It is incumbent on the prosecution to demonstrate that culpability lies.

Appellants were not even called upon then to offer evidence on their behalf. Their freedom is forfeit

only if the requisite quantum of proof necessary for conviction be in existence. Their guilt be shown

beyond reasonable doubt. What is required then is moral certainty. "By reasonable doubt is meant that

which of possibility may arise, but it is doubt engendered by an investigation of the whole proof and an

inability, after such investigation, to let the mind rest easy upon the certainty of guilt. Absolute certain

of guilt is not demanded by the law to convict of any carnal charge but moral certainty is required, and

this certainty is required as to every proposition of proof regular to constitute the offense." The

judgment of conviction should not have occasioned any surprise on the part of the two appellants, as

from the evidence deserving of the fullest credence, their guilt had been more than amply

demonstrated. The presumption of innocence could not come to their rescue as it was more than

sufficiently overcome by the proof that was offered by the prosecution. The principal contention raised

is thus clearly untenable. It must be stated likewise that while squarely advanced for the first time, there

had been cases where this Court, notwithstanding a majority of the defendants being acquitted, the

element of conspiracy likewise being allegedly present, did hold the party or parties, responsible for the

offense guilty of the crime charged, a moral certainty having arisen as to their capability.

DUMLAO Vs . COMELEC

Facts: Petitioner Dumlao questions the constitutionality of Sec. 4 of Batas Pambansa Blg 52 as

discriminatory and contrary to equal protection and due process guarantees of the Constitution. Sec. 4provides that any retired elective provincial or municipal official who has received payments of

retirement benefits and shall have been 65 years of age at the commencement of the term of office to

which he seeks to be elected, shall not be qualified to run for the same elective local office from which

he has retired. According to Dumlao, the provision amounts to class legislation. Petitioners Igot and

Salapantan Jr. also assail the validity of Sec. 4 of Batas Pambansa Blg 52,which states that any person

who has committed any act of disloyalty to the State, including those amounting to subversion,


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insurrection, rebellion, or other similar crimes, shall not be qualified for any of the offices covered by the

act, or to participate in any partisan activity therein: provided that a judgment of conviction of those

crimes shall be conclusive evidence of such fact and the filing of charges for the commission of such

crimes before a civil court or military tribunal after preliminary investigation shall be prima facie

evidence of such fact.

Issue:

Whether or not the aforementioned statutory provisions violate the Constitution and thus, should be

declared null and void

Held:

In regards to the unconstitutionality of the provisions, Sec. 4 of BP Blg 52 remains constitutional and

valid. The constitutional guarantee of equal protection of the laws is subject to rational classification.

One class can be treated differently from another class. In this case, employees 65years of age are

classified differently from younger employees. The purpose of the provision is to satisfy the need fornew blood in the workplace. In regards to the second paragraph of Sec. 4, it should be declared null and

void for being violative of the constitutional presumption of innocence guaranteed to an accused.

Explicit is the constitutional provision that, in all criminal prosecutions, the accused shall be presumed

innocent until the contrary is proved, and shall enjoy the right to be heard by himself and counsel

(Article IV, section 19, 1973 Constitution). An accusation, according to the fundamental law, is not

synonymous with guilt. The challenged proviso contravenes the constitutional presumption of

innocence, as a candidate is disqualified from running for public office on the ground alone that charges

have been filed against him before a civil or military tribunal. It condemns before one is fully heard. In

ultimate effect, except as to the degree of proof, no distinction is made between a person convicted of

acts of disloyalty and one against whom charges have been filed for such acts, as both of them would beineligible to run for public office. A person disqualified to run for public office on the ground that

charges have been filed against him is virtually placed in the same category as a person already

convicted of a crime with the penalty of arresto, which carries with it the accessory penalty of

suspension of the right to hold office during the term of the sentence (Art. 44, Revised Penal Code).

And although the filing of charges is considered as but prima facie evidence, and therefore, maybe

rebutted, yet. there is "clear and present danger" that because of the proximity of thee lections, time

constraints will prevent one charged with acts of disloyalty from offering contrary proof to overcome

the prima facie evidence against him. Additionally, it is best that evidence pro and con of acts of

disloyalty be aired before the Courts rather than before an administrative body such as the COMELEC. Ahighly possible conflict of findings between two government bodies, to the extreme detriment of a

person charged, will thereby be avoided. Furthermore, a legislative/administrative determination of

guilt should not be allowed to be substituted for a judicial determination. Being infected with

constitutional infirmity, a partial declaration of nullity of only that objectionable portion is mandated. It

is separable from the first portion of the second paragraph of section 4 of Batas Pambansa Big. 52

which can stand by itself. Wherefore, the first paragraph of section 4 of Batas pambansa Bilang 52 is


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hereby declared valid and that portion of the second paragraph of section 4 of Batas Pambansa Bilang

52 is hereby declared null and void, for being violative of the constitutional presumption of innocence

BIENVENIDO O. MARQUEZ, JR., vs. COMMISSION ON ELECTIONS

Facts:

Bienvenido Marquez, a defeated candidate for the elective position in the Province of Quezon in the

11th May 1992 elections filed this petition praying for the reversal of the resolution of the ("COMELEC")

which dismissed his petition for quo warranto against the winning candidate, herein private respondent

Eduardo Rodriguez, for being allegedly a fugitive from justice.

It is averred that at the time private respondent filed his certificate of candidacy, a criminal charge

against him for ten (10) counts of insurance fraud or grand theft of personal property was still pending

before the Municipal Court of Los Angeles Judicial District, County of Los Angeles, State of California,

U.S.A. A warrant issued by said court for his arrest, it is claimed, has yet to be served on private

respondent on account of his alleged "flight" from that country.

Before the 11th May 1992 elections, a petition for cancellation of respondent's certificate of candidacy,

on the ground of the candidate's disqualification under Section 40(e) of the Local Government Code,

was filed by petitioner with the COMELEC. COMELEC dismissed the petition.

Issue: Was petitioner a fugitive from justice?

Held: the phrase "fugitive from justice" includes not only those who flee after conviction to avoid

punishment but likewise those who, after being charged flee to avoid prosecution. Fugitive from

justice does not only mean a person convicted by final judgment. It includes those who after being

charged flee to avoid prosecution. The COMELEC is directed to proceed and settle the case in conformityof the given clarification with the term fugitive from justice.

FEEDER INTERNATIONAL LINE, PTE., LTD., by its agent, FEEDER INTERNATIONAL (PHILS.) INC.,

Petitioner, vs. COURT OF APPEALS

Facts: Court of Tax Appeals found the vessel M/T "ULU WAI" liable under Section 2530(a) of the Tariff

and Customs Code of the Philippines (Presidential Decree No. 1464), as amended, and its cargo of 1,100

metric tons of gas oil and 1,000 metric tons of fuel oil liable under Section 2530(a), (f), and (1-1) of the

same Code and ordering the forfeiture of the said vessel and its cargo.

The M/T "ULU WAI" foreign vessel of Honduran registry, owned and operated by Feeder InternationalShipping Lines of Singapore. The vessel anchored at the vicinity of Guiuanon Island in Iloilo without

notifying the Iloilo customs authorities. The presence of the vessel only came to the knowledge of the

Iloilo authorities by information of the civilian informer in the area. Acting on said information, the

Acting District Collector of Iloilo dispatched a Customs team to verify the report.


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The Customs team found out that the vessel did not have on board the required ship and shipping

documents, except for a clearance from the port authorities of Singapore clearing the vessel for

"Zamboanga." In view thereof, the vessel and its cargo were held and a Warrant of Seizure and

Detention over the same was issued after due investigation. The petitioner then filed its Motion to

Dismiss and to Quash the Warrants of Seizure and Detention which the District Collector denied.

Issue: Was petitioner was deprived of property without due process of law?

Held: NO. It must be here emphasized that a forfeiture proceeding under tariff and customs laws is not

penal in nature as they do not result in the conviction of the offender nor in the imposition of the

penalty provided for in Section 3601 of the Code. As can be gleaned from Section 2533 of the code,

seizure proceedings, such as those instituted in this case, are purely civil and administrative in character,

the main purpose of which is to enforce the administrative fines or forfeiture incident to unlawful

importation of goods or their deliberate possession. The penalty in seizure cases is distinct and separate

from the criminal liability that might be imposed against the indicted importer or possessor and both

kinds of penalties may be imposed.

In the case at bar, the decision of the Collector of Customs, as in other seizure proceedings, concerns the

res rather than the persona. The proceeding is a probe on contraband or illegally imported goods. These

merchandise violated the revenue law of the country, and as such, have been prevented from being

assimilated in lawful commerce until corresponding duties are paid thereon and the penalties imposed

and satisfied either in the form of fine or of forfeiture in favor of the government who will dispose of

them in accordance with law. The importer or possessor is treated differently. The fact that the

administrative penalty be falls on him is an inconsequential incidence to criminal liability. By the same

token, the probable guilt cannot be negated simply because he was not held administratively liable. The

Collector's final declaration that the articles are not subject to forfeiture does not detract his findings

that untaxed goods were transported in respondents' car and seized from their possession by agents of

the law. Whether criminal liability lurks on the strength of the provision of the Tariff and Customs Code

adduced in the information can only be determined in a separate criminal action. Respondents'

exoneration in the administrative cases cannot deprive the State of its right to prosecute. But under our

penal laws, criminal responsibility, if any, must be proven not by preponderance of evidence but by

proof beyond reasonable doubt.

Considering, therefore, that proceedings for the forfeiture of goods illegally imported are not criminal in

nature since they do not result in the conviction of the wrongdoer nor in the imposition upon him of a

penalty, proof beyond reasonable doubt is not required in order to justify the forfeiture of the goods. In

this case, the degree of proof required is merely substantial evidence which means such relevant

evidence as a reasonable mind might accept as adequate to support a conclusion. The Government has

sufficiently established that an illegal importation, or at least an attempt thereof, has been committed.

Moreover, petitioner, which is a corporate entity, has no personality to invoke the right to be presumed

innocent which right is available only to an individual who is an accused in a criminal case.


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PEOPLE VS HOLGADO

Facts:

Appellant Frisco Holgado was charged in the court of First Instance of Romblon with slight illegall

detention because according to the information, being a private person, he did "feloniously and without

justifiable motive, kidnap and detain one Artemia Fabreag in the house of Antero Holgado for about

eight hours thereby depriving said Artemia Fabreag of her personal liberty. He pleaded guilty (without a

counsel) and said that he was just instructed by Mr. Ocampo, which no evidence was presented to indict

the latter.

Issue:

Whether or Not there was any irregularity in the proceedings in the trial court.

Held:

Yes. Rule 112, section 3 of ROC that : If the defendant appears without attorney, he must be informed

by the court that it is his right to have attorney being arraigned., and must be asked if he desires the aid

of attorney, the Court must assign attorney de oficio to defend him. A reasonable time must be allowed

for procuring attorney. This was violated. More so the guarantees of our Constitution that "no person

shall be held to answer for a criminal offense without due process of law", and that all accused "shall

enjoy the right to be heard by himself and counsel." In criminal cases there can be no fair hearing unless

the accused be given the opportunity to be heard by counsel. The trial court failed to inquire as to the

true import of the qualified plea of accused. The record does not show whether the supposed

instructions of Mr. Ocampo was real and whether it had reference to the commission of the offense orto the making of the plea guilty. No investigation was opened by the court on this matter in the

presence of the accused and there is now no way of determining whether the supposed instruction is a

good defense or may vitiate the voluntariness of the confession. Apparently the court became satisfied

with the fiscal's information that he had investigated Mr. Ocampo and found that the same had nothing

to do with this case. Such attitude of the court was wrong for the simple reason that a mere statement

of the fiscal was not sufficient to overcome a qualified plea of the accused. But above all, the court

should have seen to it that the accused be assisted by counsel especially because of the qualified plea

given by him and the seriousness of the offense found to be capital by the court.

SORIANO VS SANDIGANBAYAN

Facts:

Tan was accused of qualified theft. The petitioner, who was an Asst. Fiscal, was assigned to investigate.

In the course of the investigation, petitioner demanded Php.4000 from Tan as price for dismissing the

case. Tan reported it to the NBI which set up an entrapment. Tan was given aPhp.2000, marked bill, and

he had supplied the other half. The entrapment succeeded and an information was filed with the


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Sandiganbayan. After trial, the Sandiganbayan rendered a decision finding the petitioner guilty as a

principal in violating the Anti Graft and Corrupt Practices Act(R.A.3019). A motion for reconsideration

was denied by the Sandiganbayan, hence this instant petition.

Issue:

Whether or Not the investigation conducted by the petitioner can be regarded as contract or

transaction within the purview of .RA.3019.

Held: R.A. 3019 Sec.3. Corrupt practices of public officers - In addition to acts or omissions of public

officers already penalized by existing laws, the following shall constitute corrupt practices of any public

officer and are hereby declared to be unlawful: xxx b. Directly or indirectly requesting or receiving any

gift, present, share percentage or benefit, for himself or for other person, in connection with any

contract or transaction between the Govt. and any other party wherein the public officer in his official

capacity has to intervene under the law. The petitioner stated that the facts make out a case of direct

bribery under Art.210 of the RPC and not a violation of R.A. 3019 sec.3 (b). The offense of direct bribery

is not the offense charged and is not included in the offense charged which is violation of R.A.3019 sec.3

(b).The respondent claimed that, transaction as used hereof, is not limited to commercial or business

transaction, but includes all kinds of transaction whether commercial, civil, or administrative in nature.

The court agrees with the petitioner. It is obvious that the investigation conducted by the petitioner was

neither a contract nor transaction. A transaction like a contract is one which involves some

consideration as in credit transactions. And this element is absent in the investigation conducted by the

petitioner.

CONDE VS RIVERA

Facts:

Aurelia Conde, formerly a municipal midwife in Lucena, Tayabas, has been forced to respond to no less

the five information for various crimes and misdemeanors, has appeared with her witnesses and counsel

at hearings no less than on eight different occasions only to see the cause postponed, has twice been

required to come to the Supreme Court for protection, and now, after the passage of more than one

year from the time when the first information was filed, seems as far away from a definite resolution of

her troubles as she was when originally charged.

Issue:

Whether or Not petitioner has been denied her right to a speedy and impartial trial.

Held:

Philippine organic and statutory law expressly guarantee that in all criminal prosecutions the accused

shall enjoy the right to have a speedy trial. Aurelia Conde, like all other accused persons, has a right to a

speedy trial in order that if innocent she may go free, and she has been deprived of that right in defiance

of law. We lay down the legal proposition that, where a prosecuting officer, without good cause, secures


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postponements of the trial of a defendant against his protest beyond a reasonable period of time, as in

this instance for more than a year, the accused is entitled to relief by a proceeding in mandamus to

compel a dismissal of the information, or if he be restrained of his liberty, by habeas corpus to obtain his

freedom.

Documents

Consti Part2 - Digests