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Judicial Power and Judicial Function: RD RD
Judicial Power and Judicial Function: RD RD
Teodoro Santiago was a Grade 6 pupil at Sero Elem. School. He was adjudged 3rd
Honors (3rd placer). 3 days before graduation, Teodoro and his parents sought the
invalidation of the ranking of honor students. They filed a CERTIORARI case
against the principal and teachers who composed the committee on rating
honors.
They contend that the committee acted with grave abuse of official discretion
because they claim that
o
the 1st and 2nd placers had never been a close rival of Santiago before,
except in Grade 5 only.
o That Santiago was a consistent honor student from Grade 1 to 5
o that the 1st placer was coached and tutored by grade 6 teachers during
the summer (gaining unfair advantage)
o The committee was composed only of Grade 6 teachers.
o That some teachers gave Santos a 75% with an intention to pull him to a
much lower rank
o That in the Honors Certificate in Grade 1, the word first place was
erased and replaced with second place
o That the Principal and district supervisors merely passed the buck to each
other to delay his grievances.
The respondents filed a MTD claiming that the action was improper, and that even
assuming it was proper, the question has become academic (because the
graduation already proceeded).
Respondents also argue that there was no GADALEJ on the part of the teachers
since the Committee on Ratings is not a tribunal, nor board, exercising judicial
functions. (under Rule 65, certiorari is a remedy against judicial functions)
ISSUE: may judicial function be exercised in this case? What is judicial power?
SC:
A judicial function is an act performed by virtue of judicial powers. The exercise of
judicial function is the doing of something in the nature of the action of the court. In
order for an action for certiorari to exist,
(TEST TO DETERMINE WHETHER A TRIBUNAL OR BOARD EXERCISES JUDICIAL
FUNCTIONS)
1) there must be specific controversy involving rights of persons brought before a
tribunal for hearing and determination. , and
2) that the tribunal must have the power and authority to pronounce judgment and
render a decision.
3) the tribunal must pertain to that branch of the sovereign which belongs to the
judiciary (or at least the not the legislative nor the executive)
It maybe said that the exercise of judicial function is to determine what the law is,
and what the legal rights of parties are, with respect to a matter in controversy.
The phrase judicial power is defined:
as authority to determine the rights of persons or property.
automatically mean that they are judicial in character. Still, the resolution of the
consultas are but a minimal portion of the administrative or executive functions.
Ang was convicted and was granted conditional pardon. He was never to return to
the Philippines. In violation of his pardon, he returned. He was recommitted by
order of the Executive Secretary.
He filed a petition for habeas corpus. RTC denied. CA also denied it. But the CA
made a recommendation that Ang may be allowed to leave the country on the
first available transporation abroad.
The Solgen assailed this CA decision, claiming that the recommendation by the
CA should not be part of the decision, because it gives the decision a political
complextion, because courts are not empowered to make such recommendation,
nor is it inherent or incidental in the exercise of judicial powers. The Solgen
contends that allowing convicted aliens to leave the country is an act of the state
exercises solely in the discretion of the Chief Executive. It is urged that the act of
sending an undesirable alien out of the country is political in character, and the
courts should not interfere with, nor attempt to influence, the political acts of the
President.
1) Recommendatory powers of the SC under RPC does not include matters which are
purely political in nature. (otherwise it violates separation of powers)
2) deportation of aliens is a political question
3) opinion of judges should be relevant to the question presented for decision.
219. In re LAURETA
power to preserve judiciary s honor
Maravilla Illustre wrote to the justices of the SC, complaining about the dismissal
of the her case (a land dispute involving large estate) by a minute-resolution.
Illustre claims that it was an unjust resolution deliberately and knowingly
promulgated by the 1st Division, that it was railroaded with such hurry beyond the
limits of legal and judicial ethics.
Illustre also threatened in her letter that, there is nothing final in this world. This
case is far from finished by a long shot. She threatened that she would call for a
press conference.
Illustres letter basically attacks the participation of Justice Pedro Yap in the first
division. It was established that Justice Yap was previously a law partner of Atty.
Ordonez, now the Solgen and counsel for the opponents.
The letters were referred to the SC en banc. The SC clarified that when the
minute-resolution was issued, the presiding justice then was not Justice Yap but
Justice Abad Santos (who was about to retire), and that Justice Yap was not
aware that Atty Ordonez was the opponents counsel. It was also made clear that
Justice Yap eventually inhibited himself from the case.
Still, Illustre wrote letters to the other justices (Narvasa, Herrera, Cruz), again
with more threats to expose the kind of judicial performance readily constituting
travesty of justice.
True to her threats, Illustre later filed a criminal complaint before the
Tanodbayan, charging the Justices with knowingly rendering an unjust Minute
Resolution. Justice Yap and Solgen Ordonez were also charged of using their
influence in the First Division in rendering said Minute Resolution.
Atty LAURETA was the counsel of Illustre. He circulate copies of the complain to
the press, without any copy furnished the Court, nor the Justices charged. It was
made to appear that the Justices were charged with graft and corruption.
The Tanodbayan dismissed the complaint.
Now, the SC is charging them with contempt.
They claim that the letters were private communication, and that they did not
intend to dishonor the court.
SC:
The letters formed part of the judicial record and are a matter of concern for the
entire court.
There is no vindictive reprisal involved here. The Courts authority and duty under
the premises is unmistakable. It must act to preserve its honor and dignity from the
scurrilous attacks of an irate lawyer, mouthed by his client, and to safeguard the
morals and ethics of the legal profession.
We re not convinced that Atty Laureta had nothing to do with Ilustres letters, nor
with the complaint filed with the tanodbayan. Atty Laureta repeated disparaging
remarks such as undue influence, powerful influence in his pleadings. This was
bolstered by the report that Laureta distributed copies of the complaint to the
newspaper companies in envelopes bearing his name. He was also heard over the
radio. Lastly, as Illustres lawyer, he had control of the proceedings.
In short, SC resolutions are beyond investigation from other departments of the
government because of separation of powers. The correctness of the SC decisions
are conclusive upon other branches of government.
220. ECHEGARY VS. SOJ
suspension of execution of decision
Echegaray y Pilo for the crime of rape of the 10 year-old daughter of his
common-law spouse and the imposition upon him of the death penalty for the
said crime.
Petitioner duly filed a Motion for Reconsideration raising for the first time the
issue of the constitutionality of Republic Act No. 7659 (the death penalty law) and
the imposition of the death penalty for the crime of rape.
In the meantime, Congress had seen it fit to change the mode of execution of the
death penalty from electrocution to lethal injection, 4 and passed Republic Act
No. 8177,
Petitioner filed a Petition 8 for Prohibition, Injunction and/or Temporary
Restraining Order to enjoin respondents Secretary of Justice and Director of the
Bureau of Prisons from carrying out the execution by lethal injection, claiming it
as cruel form of punishment, among many others.
the Court resolved, without giving due course to the petition, to require the
respondents to COMMENT thereon within a non-extendible period of ten (10)
days from notice, and directed the parties "to MAINTAIN the status quo prevailing
at the time of the filing of this petition."
(from poli compendium: The decision sentencing him to death pursuant to RA 7659
became final. Upon motion of the petitioner, the SC issued a TRO restraining his
execution on the ground that there is a possibility that Congress might repeal RA
7659. Respondent argued that the TRO was illegal because in effect it granted
petitioner a reprieve, which was the exclusive prerogative of the President)
SC:
The constitutional provision granting the Presidnet the power to grant reprieves
cannot be interpreted as denying the power of the courts to control the enforcement
of their decisions after their finality. An accused who has been convicted by final
judgment still possesses collateral rights, and these can be claimed in a proper court.
For instance, a convict who becomes insane after his final conviction cannot be
executed while in a state of insanity. The suspension of death sentence is an exercise
of judicial power.
SC:
The petitioners right to redress is beyond dispute. When the RTC invoked General
Order #3, it was nothing short of an unwarranted abdication of judicial authority. The
judge was apparently unaware that the Court has always deemed General Order # 3
as practically inoperative even in the light of Proclamation 1081. There is unanimity
among Us in the view that it is for the Court rather than the Executive to determine
whether or not We make take cognizance of any given case involving the validity of
the acts of the Executive purportedly under the authority of martial law
proclamations.
Also, the President has publicly acknowledged that even if there was martial law, it is
still subject to the authority and jurisdiction of the SC.
Thus, the RTC committed grave error in not taking jurisdiction over the case.
Ordinarily, the case should be remanded to the judge to be tried on the merits. Yet,
this Supreme Court, whose power and duty to do justice are inherent, plenary and
imperative, extends to all instances where it appears that final resolution of the
parties involved full opportunity to be heard. Thus, the SC may at its option,
whenever it feels the best interest of justice would be thereby subserved, dispense
with the usual procedure of remanding the case to the court of origin for its own
judgment, and instead, the SC may already resolve the issues and rended the final
judgment on the merits.
SC reinstated Lina to work.
Tan et. al (as taxpayers) filed a petition for declaratory relief assailing the validity
of the LAUREL LEIDO RESOLUTION which deals with the authority of the 1971
Constitutional Convention to declare that it has no power to consider and adopt
proposals which seek to revise the constitution through the adoption of a new
form of government. Under the Resolution, the Con-Con is merely empowered to
propose amendments to the Consti, without altering the general plan.
The SC dismissed it. Tan filed a MR.
The members of the Con-Con claim that Tan has no personal and substantial
interest in the case.
ISSUE: Whther the petitioners had the standing to seek a declaration of the nullity of
the resolution of the Con-Con.
SC: NO.
The rule is, Any person who impugns the validity of the statute must have a
personal and substantial interest in the case such that he has sustained, or will
sustain, direct injury as a result of its enforcement.
However, there are many instances where taxpayers can nullify laws. But this is upon
the theory that the expenditure of public funds for purpose of administering an
unconstitutional act constitutes a misapplication of such funds. Hence, it may be
enjoined at the instance of taxpayers.
Nevertheless, the Court has the discretion whether to entertain a taxpayers suit. In
the Gonzales case, it was held that taxpayers must wait before filing the suit until
AFTER THE ENACTMENT OF THE STATUTE. It was only then that the matter was ripe
for adjudication. Prior to that stage, the judiciary had to keep its hands off. The
judiciary will neither direct nor restrain executive or legislative action (separation of
powers).
Hence, as long as any proposed amendment is still unacted on by it, there is no
room for judicial oversight. Until then, the courts are devoid of jurisdiction.
Here, what is being asked was that the judiciary inquire into the validity of the acts
of the Con-Con. However, it is a pre-requisite that something had by then been
accomplished or performed before court may inquire. What the Con-Con did was
merely to propose an amendment to the Consti.
There is no room for judicial review.
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Since GMA operates radio and tv broadcast stations, they will be affected by
the enforcement of BP 881. It suffered losses amounting to several millions in
providing Comelec time in connection with the 1992 and 1995 electoins. Now, its
stands to suffer even more should it be required to do so again this year (1998
elections). GMAs allegations that it will suffer losses again is sufficient to give it
standing to question the validity of BP 881.
Petitioners are artists (Joya, Nakpil, Armida Siguion Reyna, Malang, Ang Kiu Kok,
Polotan, Kasilag, Almario, et. al). They seek to enjoin the PCGG from proceeding
with the Auction Sale by Christies of New York of Old Masters Paintings and 18th
and 19th century silverware seized from Malacanang during people power. They
claim that the items are part of protected cultural properties and part of Filipino
CULTURAL HERITAGE and hence cannot be disposed. They contend that the items
are PUBLIC PROPERTIES collectively owned by Filipinos. And that they have legal
personality to protect and preserve the countrys ARTISTIC WEALTH.
They allege that some of the items were in fact donated by private persons, and
that the real ownership of the paintings belongs to the foundation or
corporations, only that the public has been given the chance to view and
appreciate the items on exhibit.
First, the PCGG wrote to President Aquino to request authority for the
consignment agreement between the Philippines and Christies
COA however made an audit and found that the agreement was of doubtful
legality, and that it was highly disadvantageous to the Philippines.
The Director of National Museum issued a certification that the items were NOT
part of protected cultural properties.
President Cory also approved it.
The sale proceeded earning $13M.
SC:
The law of the case is not applicable in this case because this case is NOT a sequel
to the previous case. It is not its continuation. This proceeding is essentially different
from the 1993 Lease Contract. Hence, a prior case that petitioners had standing to
challenge that 1993 Contract does NOT PRECLUDE their determination of their
standing in the present suit.
Concern for stability in decisional law does not call for adherence to what has
recently been laid down as rule since the previous ruling sustaining petitioners
intervention may itself be considered a departure from settled rulings on REAL
PARTY IN INTEREST. (It seems here that the real issue is not lack of legal standing
but whether they are real parties in interest.) Standing is not even an issue in this
case since standing is a CONCEPT IN CONSTITUTIONAL LAW, and here no
constitutional question was actually involved.
Petitioners assail Act 2706 requiring the inspection and recognition of private
schools. It makes it obligatory upon the Secretary of Educ to inspect said schools.
They contend that the law deprives the school owners of liberty and property
without due process, and they deprive the parents of their natural right and duty
to rear their children.
They claim that requiring previous governmental approval before they could
exercise their right to own and operate a school amounts to censorship of prior
restraint.
Solgen countered that the matter has no justiciable controversy. The government
argues that the petitioners suffered no wrong, nor allege any, from the
enforcement of the statute. The government insists that for the past 37years the
DepEd has supervised and regulated private schools with the general
acquiescence of the public. Solgen claims that there is no cause of action because
all of them have permits to operate and are actually operating schools already.
There is no threat that the permits will be revoked, hence they have suffered no
wrong.
Agbayani obtained a loan P450 from PNB secured by a REM, which was to mature
5 years later.
15 years later, PNB sought to foreclose the REM.
Agbayani filed a complaint claiming that it was barred by prescription. She also
claims that she obtained an injunction against the sheriff.
PNB argued that the claim has not yet prescribed if the period from the time of
issuance of EO32 to the time when RA 342 was issued should be deducted.
o E0 32 was issued in 1945 providing for debt moratorium
o RA 342 was issued in 1948 - extension of the debt moratorium
The RA 342 was declared void and since it was an extension of EO 32, EO 32 was
likewise nullified.
Here, RA 342 (the debt moratorium law) continued EO 32, suspending the
payment of debts by war sufferers. However RA 342 could not pass the test of
validity. (I think what Justice Fernando was saying is that the law was later
declared unconstitutional because it violates the non-impairment of contractual
obligations clause in the constitution).
PNB claims that this period should be deducted from the prescriptive period since
during this time the bank took no legal steps for the recovery of the loan. As
such, the action has not yet prescribed.
During the 8 year period that EO 32 and RA 342 were in force, prescription did not
run. Thus, the prescriptive period was tolled in the meantime prior to such
adjudication of invalidity.
(read orig)..
228. PEOPLE VS. GUTIERREZ
transfer of venue to avoid miscarriage of justice
This is the case of Bingbong Crisologo. A group of armed men set fire various
inhabited houses in Bantay, Ilocos Sur. Bingbong was charged but pleaded not
guilty.
AO 221 the Secretary of Justice authorized Judge Anover of San Fernando La
Union, to hold special term in Ilocos Sur.
AO 226 Secretary of Justice authorized Judge Gutierrez (Vigan) to transfer the
case to Judge Anovers Court in La Union.
Prosecution moved that Judge Gutierrez allow a transfer of the case to the La
Union Circuit Court by virtue of said AOs and for security and personal safety of
the witnesses.
The accused obviously opposed the transfer of the case, claiming that the
transfer of the case would be railroading them into a conviction.
Judge Gutierrez denied the transfer.
Prosecution now imputes gadalej on Judge Gutierrez.
SC:
The Secretary of Justice has no power to assign cases to be heard. Any such power
even in the guise of AOs trenches upon the time-honored separation of the
Executive and Judiciary. The law creating the transfer of cases to Circuit Criminal
Courts should be effected by raffle.
Nevertheless, the COURT WILL ORDER THE TRANSFER. There is a justified refusal by
the witnesses in Ilocos Sur to testify where they felt their lives would be endangered.
Judge Gutierrez failed to consider the possibility of miscarriage of justice may result.
The witnesses had earlier manifested of the imperious necessity of transferring the
place of trial outside of Ilocos Sur, in the interest of truth and justice, and the State
is to be given a fair chance to present its side.
Here, to compel the prosecution to proceed to trial in a locality where its witnesses
will not be at liberty to reveal what they know is to make a mockery of the judicial
process. The exigencies of justice demand that the general rule should yield to
occasional exceptions wherever there are weighty reasons therefor.
Anyway, regardless of the place where the case is tried, the prosecution will always
be obligated to prove guilt beyond reasonable doubt.
On of the incidental and inherent powers of the courts is that of TRANSFERRING THE
TRIAL OF CASES from one court to another of equal rank, whenever the imperative
of securing a fair and impartial trial, or of preventing a miscarriage of justice so
demands.
*judicial power includes the transfer of cases. It is one of the incidental or inherent
attributes necessary for an effective administration of justice. The courts can by
appropriate means do all things necessary to preserve and maintain every quality
needful to make the judiciary an effective institution of government.*
PNB granted credit accommodations and advances to Fabar Inc, for the
importation of machinery and equipment. The outstanding balance was P8.4M
The credit accommodations are secured by the joint and several signatures of
Barredo, Borromeo (respondents). For failure to pay their obligations, PNB
instituted a collection suit against Fabar and the Barredo, Borromeo.
Before the case could be decided, one of the respondents, BARREDO, died.
So the court issued an order of dismissal of the case, since money claim is a
personal action, it is extinguished upon death, and that the remedy is to file a
claim with the estate during settlement proceedings.
The case was dismissed against ALL defendants.
PNB filed a MR claiming that the dismissal should only be against the deceased
Barredo. Hence they file this certiorari.
SC:
According to the Rules of Court, nothing therein prevents a creditor from proceeding
against the surviving solidary debtors. Said provision merely sets up the procedure in
enforcing collection in case a creditor choose to pursue his claim against the estate of
the deceased solidary debtor.
What is applicable in this is Art 1216 of the Civil Code. The creditor has the right to
proceed against anyone of the solidary debtors or some or all of them
simultaneously. The choice is left to the solidary creditor to determine against whom
he will enforce collection. In case of death of one of the solidary debtors, the creditor
can choose to proceed against the surviving debtors, without necessity of filing a
claim in the estate of the deceased debtor.
To require the creditor to proceed against the estat would deprive him of his
substantive rights under the Civil Code. If the Rules of Court (Rule 86) would be
applied literally, in effect, it would repeal the Civil Code (Art 1216), because the
creditor would have no chose but to proceeed against the estate of Barredo only.
Obviously, this would diminish the PNBs right under the Civil Code to proceed
against any one, some or all of the solidary debtors. Such a construction is not
sanctioned by the principle that, SUBSTANTIVE LAW CANNOT BE AMENDED BY
PROCEDURAL LAW. The rules of Court cannot be made to prevail over the Civil Code,
the former being merely procedural, while the latter substantive.
Moreover, the Constitution provides that the rules promulgated by the SC should not
diminish, increase, or modify substantive rights.
Pablo Santero was had 2 sets of children from 2 different wives. He died.
The respondents were the Santero Children, the children by the 2nd wife, although
she was not married to the father.
A motion for allowance was filed by the Santero children, through their
guardian/mother Diaz. The filed the motion for support, education, clothing, and
medical allowance. This was granted by the court.
This was opposed by the other set of Santero Children (petitioners), the children
by the 1st wife, who was also not married to the father.
They claim that the wards are no longer schooling and have
already attained the age of majority.
Diaz countered that the reason why the children were not enrolled was due to
lack of funds. She cited Art 290/188 of the Civil Code (on support), as well as
Rule 83 of the Rules of Court (allowance to the widow and family in estate
proceedings).
The allowance was granted by the court.
Another motion for allowance was filed by Diaz for 3 additional children. These 3
additional children were already of age, but Diaz claims that all of her children
have the right to receive allowance, as advance of the shares in their inheritance.
Again, this was opposed by the other Santero Children (petitioners), claiming that
the children are employed and married, and that there is insufficient funds. They
claim that under the Rules of Court, they are no longer entitled to allowance.
SC:
The controlling provision should be Art 290/188 of the Civil Code (support) and not
Rule 83 of the Rules of Court (allowance to widow and family).
The fact that respondents are of age, and are gainfully employed, or married is of no
moment and should not be regarded as the determining factor of their right to
allowance under Art 290/188.
While the Rules of Court limits allowances to the widow and only the minor children,
the New Civil Code gives the surviving spouse and his/her children without
distinction. Hence, even the children who are no longer minors are entitled to
allowances as advances from their shares in the inheritance from their father. Since
the provision of the Civil Code, a substantive law, gives the surviving spouse and the
children the right to receive support during the liquidation of the estate of the
deceased, such right cannot be impaired by Rule 83 of the Rules of Court which is a
procedural rule.
Atty Damasco was charged with grave threats. He pleaded not guilty but was
convicted only of light threats. He was order to pay a fine of P100.
Damasco filed a motion to rectify and set aside the dispositve portion of the
decision. He claims that he cannot be convicted of light threats, necessarily
included in the grave threats charge, as the lighter offense had already
prescribed when the information was filed. (light offenses prescribe in 2 mos, but
the information was filed 70 days after)
The lower court denied the motion, explaining that since the Court had acquired
jurisdiction to try the case because the information was filed within the
prescriptive period for grave threats, the same cannot be lost by prescription, if
after the trial what has been proven is merely light threats.
SC:
Prescription of a crime is the loss or waiver by the State of its right to prosecute an
act prohibited or punished by law. While it is a rule that an accused who fails to move
to quash before pleading is deemed to waive all objections, this rule cannot apply to
the defense of prescription, which under Art 69 of the RPC extinguishes criminal
liability. To apply the suggestion could contravene said Art, which is part of
substantive law.
This position is further strengthen by the Rules on CrimPro, which added the
extinction of offense as one of the exceptions to the general rule regarding the
effects of a failure to assert a ground of a motion to quash.
The claim that when an accused has been found to have committed a lesser offense
includible within a graver offense charged, he cannot be convicted of a lesser offense
if it has already prescribed can only be done through an overhaul of some existing
rules on crimpro to give prescription a limited meaning (ie, a mere bar to the
commencement of criminal action and therefore waivable).
BUT this will have to contend with the Constitutional provision that while the
Supreme Court has the power to promulgate rules concerning the protection and
enforcement of rights.. such rules shall not diminish, modify or increase substantive
rights.
THE ACTION HAS PRESCRIBED! PETITION IS GRANTED! (Damasco wins.)
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Lacson et al were charged with multiple murder for shooting and killing 11 male persons
who were members of the Kuratong Baleleng. SPO2 Eduardo delos Reyes had claimed that
the killing of the eleven (11) gang members was a "rub-out" or summary execution and
not a shootout.
The Ombudsman filed before the Sandiganbayan 11 Informations for MURDER, against
respondent Panfilo M. Lacson and twenty-five (25) other accused. All twenty-six (26) of
them were charged as principals. 10
Upon motion of the Lacson, the criminal cases were remanded to the Ombudsman for
reinvestigation. The participation of Lacson was downgraded from principal to accessory.
Accordingly, the Sandiganbayan ordered the cases transferred to the Regional Trial
Court.12Arraignment then followed and respondent entered a plea of not guilty.
On March 29, 1999 Judge Agnir issued a Resolution 25 dismissing Criminal Cases because:
o with the recantation of the principal prosecution witnesses and the desistance of
the private complainants, there is no more evidence to show that a crime has been
committed and that the accused are probably guilty thereof.
On March 27, 2001, PNP Director Leandro R. Mendoza indorsed to the Department of
Justice the new affidavits of P/Insp. Ysmael S. Yu and P/S Insp. Abelardo Ramos regarding
the Kuratong Baleleng incident for preliminary investigation. On the strength of this
indorsement, Secretary of Justice Hernando B. Perez formed a panel to investigate the
matter.
Lacson, et al., invoking, among others, their constitutional right against double jeopardy,
filed a petition for prohibition with application for temporary restraining order and/or writ
of preliminary injunction with the Regional Trial Court of Manila, primarily to enjoin the
State prosecutors from conducting the preliminary investigation.
Judge Pasamba denied the TRO (meaning the case could continue). The decision stated
that the preveious dismissal of Criminal Cases is not one on the merits and without any
recorded arraignment and entered plea on the part of the herein petitioners. The
arraignment had with the Sandiganbayan does not put the case in a different perspective
since the Sandiganbayan was adjudged to be without any jurisdiction to try the cases. It is
the People of the Philippines who is the complainant in the Kuratong Baleleng case and
remains to be the complainant.
Thus, June 6, 2001 11 information for Murder were again filed before the RTC Judge
Yadao.
Lacson now assails the decision of Judge Pasamba mainly on the ground of : illegality of
the proceedings of the respondent State Prosecutors as they cannot revive complaints
which had been dismissed over two (2) years from the date the dismissal order was
issued. He claims, under Section 8, Rule 117, cases similar to those filed against the
petitioner and others (where the penalty imposable is imprisonment of six (6) years or
more) cannot be revived after two (2) years from the date the dismissal order was issued.
ISSUE: The issue is whether Section 8, Rule 117 bars the filing of the eleven (11) informations
against the respondent Lacson involving the killing of some members of the Kuratong Baleleng
gang. The rule of provisional dismissal took effect only on December 1, 2000 (in between the
period of dismissal and revival). More specifically, 1) whether the provisional dismissal of the
cases had the express consent of the accused; (2) whether it was ordered by the court after
notice to the offended party, (3) whether the 2-year period to revive has already lapsed, and
(4) whether there is any justification for the filing of the cases beyond the 2-year period.
SC: NO. NOT BARRED.
1. the prosecution with the express conformity of the accused or the accused moves
for a provisional (sin perjuicio) dismissal of the case; or both the prosecution and the
accused move for a provisional dismissal of the case;
2. the offended party is notified of the motion for a provisional dismissal of the case;
3. the court issues an order granting the motion and dismissing the case provisionally;
4. the public prosecutor is served with a copy of the order of provisional dismissal of
the case.
The foregoing requirements are conditions sine qua non to the application of the time-bar in
the second paragraph of the new rule. The raison d etre for the requirement of the express
consent of the accused to a provisional dismissal of a criminal case is to bar him from
subsequently asserting that the revival of the criminal case will place him in double jeopardy
for the same offense or for an offense necessarily included therein.
Express consent to a provisional dismissal is given either viva voce or in writing. It is a
positive, direct, unequivocal consent requiring no inference or implication to supply its
meaning.7 Where the accused writes on the motion of a prosecutor for a provisional dismissal
of the case No objection or With my conformity, the writing amounts to express consent of the
accused to a provisional dismissal of the case.8 The mere inaction or silence of the accused to
a motion for a provisional dismissal of the case 9 or his failure to object to a provisional
dismissal10 does not amount to express consent.
In this case, the respondent has failed to prove that the first and second requisites of the first
paragraph of the new rule were present when Judge Agnir, Jr. dismissed the cases.
Irrefragably, the prosecution did not file any motion for the provisional dismissal of the said
criminal cases. For his part, the respondent merely filed a motion for judicial determination of
probable cause and for examination of prosecution witnesses. The respondent did not pray for
the dismissal, provisional or otherwise, of the cases. Neither did he ever agree, impliedly or
expressly, to a mere provisional dismissal of the cases.
The Court also agrees with the petitioners contention that no notice of any motion for the
provisional dismissal the cases or of the hearing thereon was served on the heirs of the
victims at least three days before said hearing. There is as well no proof in the records that
the public prosecutor notified the heirs of the victims of said motion or of the hearing.
Since the conditions sine qua non for the application of the new rule were not present when
Judge Agnir, Jr. issued his resolution, the State is not barred by the time limit set forth in the
second paragraph of Section 8 of Rule 117 of the Revised Rules of Criminal Procedure. The
State can thus revive or refile Criminal Cases Nos. Q-99-81679 to Q-99-81689 or file new
Informations for multiple murder against the respondent.
Even on the assumption that the respondent expressly consented to a provisional dismissal,
and all the heirs of the victims were notified before the hearing the two-year bar in Section 8
of Rule 117 of the Revised Rules of Criminal Procedure should be applied prospectively and not
retroactively against the State.
To apply the time limit retroactively to the criminal cases against the respondent and his coaccused would violate the right of the People to due process, and unduly impair, reduce, and
diminish the States substantive right to prosecute the accused for multiple murder. Under
Article 90 of the Revised Penal Code, the State had twenty years within which to file the
criminal complaints against the accused. However, under the new rule, the State only had two
years from notice of the public prosecutor of the order of dismissal within which to revive the
said cases. When the new rule took effect on December 1, 2000, the State only had one year
and three months within which to revive the cases or refile the Informations. The period for
the State to charge respondent for multiple murder under Article 90 of the Revised Penal Code
was considerably and arbitrarily reduced. In case of conflict between the Revised Penal Code
and the new rule, the former should prevail.
The time-bar under Section 8 of Rule 117 is akin to a special procedural limitation qualifying
the right of the State to prosecute making the time-bar an essence of the given right or as an
inherent part thereof, so that the lapse of the time-bar operates to extinguish the right of the
State to prosecute the accused.35 The time-bar under the new rule does not reduce the periods
under Article 90 of the Revised Penal Code, a substantive law.36 It is but a limitation of the
right of the State to revive a criminal case against the accused after the Information had been
filed but subsequently provisionally dismissed with the express consent of the accused. If a
criminal case is dismissed on motion of the accused because the trial is not concluded within
the period therefor, the prescriptive periods under the Revised Penal Code are not thereby
diminished.40 But whether or not the prosecution of the accused is barred by the statute of
limitations or by the lapse of the time-line under the new rule, the effect is basically the same.
Also, It further ruled therein that a procedural law may not be applied retroactively if to do so
would work injustice or would involve intricate problems of due process or impair the
independence of the Court. In this case, the Court agrees with the petitioners that the timebar of two years under the new rule should not be applied retroactively against the State.
A mere provisional dismissal of a criminal case does not terminate a criminal case. The
possibility that the case may be revived at any time may disrupt or reduce, if not derail, the
chances of the accused for employment, curtail his association, subject him to public obloquy
and create anxiety in him and his family. He is unable to lead a normal life because of
community suspicion and his own anxiety. He continues to suffer those penalties and
disabilities incompatible with the presumption of innocence. 55 He may also lose his witnesses
or their memories may fade with the passage of time. In the long run, it may diminish his
capacity to defend himself and thus eschew the fairness of the entire criminal justice system. 56
The time-bar under the new rule was fixed by the Court to excise the malaise that plagued the
administration of the criminal justice system for the benefit of the State and the accused; not
for the accused only.
The Court agrees with the petitioners that to apply the time-bar retroactively so that the twoyear period commenced to run on March 31, 1999 when the public prosecutor received his
copy of the resolution of Judge Agnir, Jr. dismissing the criminal cases is inconsistent with the
intendment of the new rule. Instead of giving the State two years to revive provisionally
dismissed cases, the State had considerably less than two years to do so. Thus, Judge Agnir,
Jr. dismissed Criminal Cases Nos. Q-99-81679 to Q-99-81689 on March 29, 1999. The new
rule took effect on December 1, 2000. If the Court applied the new time-bar retroactively, the
State would have only one year and three months or until March 31, 2001 within which to
revive these criminal cases. The period is short of the two-year period fixed under the new
rule. On the other hand, if the time limit is applied prospectively, the State would have two
years from December 1, 2000 or until December 1, 2002 within which to revive the cases. This
is in consonance with the intendment of the new rule in fixing the time-bar and thus prevent
injustice to the State and avoid absurd, unreasonable, oppressive, injurious, and wrongful
results in the administration of justice.
(read orig.)
Abrera was from the Public Attorneys Office. He alleged that Maceda, the Judge
of RTC-Antique, falsified his certificate of service. Maceda was said to have
certified all criminal and civil cases have been decided within a period of 90 days.
Abrera claims that in truth and in fact, no decision has been rendered in 5 civil
and 10 criminal cases.
Macedas defense is that he had been granted by the SC an extension of 90 days
to decide the said cases. He also argues that the Ombudsman has no jurisdiction
over him since the offense charged arose from the performance of his official
duties, which is under the control and supervision of the SC. (He claims that the
Ombudsman encroaches on the SCs power of supervision over inferior courts).
The judges here seek to perpetually prohibit the CIR from making any deduction
of withholding taxes from their salaries.
They submit that any tax withheld from their emoluments or compensation as
judicial officers constitute a decrease or diminution of their salaries which is
contrary to the Constitution mandating that their salaries shall not be decreased
during their term. They also contednt that this is anathema to an independent
judiciary.
Petitioners assail the constitutionality of the Sec 14 of the Peoples Court Act.
Section 14 provides: SEC. 14. Any Justice of the Supreme Court who held any office or position
under the Philippine Executive Commission or under the government called Philippine Republic may
not sit and vote in any case brought to that Court under section thirteen hereof in which the accused
is a person who held any office or position under either or both the Philippine Executive Commission
and the Philippine Republic or any branch, instrumentality and/or agency thereof.
"If, on account of such disqualification, or because of any of the grounds of disqualification of judges,
in Rule 126, section I of the Rules of Court, or on account of illness, absence or temporary disability
the requisite number of Justices necessary to constitute a quorum or to render judgment in any case
is not present, the President may designate such number of Judges of First Instance,Judges-at-large
of First Instance, or Cadastral Judges, having none of the disqualifications set forth in said section
one hereof, as may be necessary to sit temporarily as Justices of said Court, in order to form a
quorum or until a judgment in said case is reached."
"10. It does not deny equal protection of the laws either to the Justices of the Supreme
Court affected or to the treason indictees; concerned.
"11. It does not amend any constitutional provision.
"12. It does not destroy the independence of the judiciary or curtail the jurisdiction of the
Supreme Court."
ISSUES:
1) Whether the Congress had power to add to the pre-existing ground for
disqualification of a Justice.
2) Whether a person may act as Justice of the SC who has not been duly appointed
by the President and not confirmed by the CA, even only as DESIGNEE
3) Whether the manner of designation by the President can constitutionally sit
temporarily as Justice of the SC.
SC:
NO. NO. NO.
1. NO. If section 14 were to be effective, such members of the Court who held any
office or position under the Philippine Executive Commission, would be disqualified
from sitting and voting in the instant case, because the accused herein is a person
who likewise held an office under the PEC. In other words, what the constitution
ordained as a power and a duty to be exercised and fulfilled by said members of the
Court, the challenged law would prohibit them from exercising and fulfilling. IN short,
what the constitution directs, the section 14 prohibits. This is a clear repugnancy to
the fundamental law.
Whatever modification the legislature may propose must not contravene the
provisions of the constitution.
Thus, the disqualification added by Sec 14 to those already existing at the time of
the adoption of the Constitution is arbitrary, irrational and violative of the
constitution.
2. NO. No person not so appointed by the President WITH the consent of the CA,
may act as Justice of the SC. The designation made by Section 14 does not comply
with the requirement of appointment. An additional disqualifying circumstance of the
designee is the lack of confirmation or consent by the CA. So, it may happen that a
designee under Sec 14 sitting as a substitute Justice of the SC, and participating
therein in the deliberations and functions of the SC, does not possess the
qualifications of regular members of the SC.
NO temporary composition of the SC is authorized by the Constitution. The phrase
unless otherwise provided for by law does NOT authorize any legislation that would
alter the composition of the SC, no matter how brief a time it may be imagined. In
principle, what matters is not the length or shortness of the alternation of the
constitutional composition of the Court, but the very permanence and unalterability
of that constitution so long as the constitution which ordains it remains permanent
and unaltered.
3. NO. No matter how brief or temporary the participation of the judge, there is no
escaping that he would be participating in the deliberations of the the SC, and his
vote would count as much as that of any regular Justice. A temporary member
thereof is a misnomer, for that is not a position contemplated by the constitution.
The Constitution is clear that the CJ and the Justices who compose the SC have to be
appointed by the President and confirmed by the CA. Mere designation under Sec 14,
does not satisfy said requirement.
The designees cannot be such members in view of the fact that they have not been
appointed nor confirmed.
SEC 14. NULL AND VOID.