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SECTION 11 ISSUE: Whether or not the appellant’s extra-judicial

confession was validly taken and in accordance with his


1. Spouses Algura vs. Local Government Unit of the
rights under Sec. 12 of the Bill of Rights.
City of Naga, G.R. No. 150135, October 30,
2006.
HELD: No, his contention is belied by the records as well
2. Re: Letter dated April 18, 2011 of Chief Public as the testimony of the lawyer who assisted, warned
Attorney Persida Rueda-Acosta Requesting and explained to him his constitutionally guaranteed
Exemption from the Payment of Sheriff’s Expenses, pre-interrogatory and custodial rights.
A.M. No. 11-10-03-O, July 30, 2013
The penalty imposed by the trial court us correct. Under
Article 335 of the Revised penal Code, as amended by
SECTION 12
R.A 7654 “when by reason or on occasion of the rape, a
1. R.A. No. 7438 homicide is committed, the penalty shall be death.”

2. Escobedo vs. Illinois, 378 US 478 (1964)


5. People of the Philippines vs. dela Cruz, G.R. No.
3. Miranda vs. Arizona, 384 US 436 (1966) 137405, September 27, 2002

4. People of the Philippines vs. Mahinay, G.R. No. 6. People of the Philippines vs. Loveria, G.R. No.
122485, February 1, 1999. 79138, July 2, 1990.

FACTS: Larry Mahinay works as a houseboy for Maria 7. People of the Philippines vs. Obrero, G.R. No.
122142, May 17, 2000.
Isip. His task was to take care of Isip’s house which was
under construction adjacent to her old residence. The DOCTRINE: Under the Constitution, an uncounseled
victim, Ma. Victoria Chan, 12 years old, was Isip’s statement, such as it is called in the United States from
neighbor in Dian Street. Elvira Chan. The victim’s which Article III, Section 12 (2) was derived, is presumed
mother, noticed that her daughter was missing. Isip to be psychologically coerced.
testified that the appellant failed to show up for supper
that night and that on the following day, boarded a FACTS: Jimmy Obrero was arrested in Pangasinan for
passenger jeepney and disappeared. On that same the crime of robbery with homicide. While he was in
morning, the victim’s dead body was fpund in a septic custodial investigation, Atty. Bienvenido Reyes, a police
tank. With the help of the Valenzuela Police, the lifeless captain of the WPD Headquarters, introduced himself
body of the victim was retrieved from the septic tank. as a legal counsel, and assisted Jimmy in giving an
She was searing a printed blouse without underwaer extrajudicial confession, which was the basis of his
and her face bore bruises. After a series of follow-up prosecution in the lower court.
operations appellant was finally arrested. He was
brought to the Valenzuela Police Station. With the ISSUE: Is Jimmy Obrero’s extrajudicial confession
assistance of an attorney he executed an extra-judicial admissible in Court?
confession when he narrated in detail how he raped
and killed the victim. Appellant was charged with rape
with homicide to which he pleaded not guilty. After
trial, the lower court rendered a decision convicting
appellant of the crime charged, sentenced him to suffer
the penalty of death.

Appellant now claims that the extra-judicial confession


that he executed was executed in violation of his
constitutional right to counsel.
RULING: NO, Obrero’s confession is inadmissible in custody investigation," 4 which we have since defined as
court because he was not given the Miranda warning any "questioning initiated by law enforcement officers
effectively. Atty Reyes, despite being a lawyer, was not after a person has been taken into custody or otherwise
the accused’s counsel of choice. There was thus only a
deprived of his freedom of action in any significant
perfunctory reading of the Miranda Rights to accused-
way." 5 A person under a normal audit examination is
appelant without any effort to find out from him
whether he wanted to have a counself, and, if so, not under custodial investigation. An audit examiner
whether he had his own counsel, or wanted the police himself can hardly be deemed to be the law
to appoint one for him. Here, Atty. Reyes, who though enforcement officer contemplated in the above rule. In
presumably competent, cannot be considered an any case, the allegation of his having been "pressured"
independent counsel. to sign the Examination Report prepared by Dulguime
appears to be belied by his own testimony.
8. Gamboa vs. Cruz, G.R. No. L-56291, June 27, 1988.

9. People of the Philippines vs. Zuela, G.R. No.


112177, January 28, 2000. 11. People vs. Macam, G.R. Nos. 91011-12, November
24, 1994.
10. Navallo vs. Sandiganbayan, G.R. No. 97214, July
18, 1994. 12. Ho Wai Pang vs. People of the Philippines, G.R.
No. 176229, October 19, 2011.
FACTS: Petitioner Novallo is the collecting and
disbursing officer of Numencia National Vocational 13. Ladiana vs. People of the Philippines, G.R. No.
School. The amount of ₱16, 483.62 was failed to 144293, December 4, 2002.
account during the audit and failed as well to restitute
despite demands by the Provincial Auditor, thus he was SECTION 13
accused violating par. 4 of Art. 217 of RPC. A warrant of
arrest was issued, followed by two alias warrants of 1. Rule 114, Rules of Court
arrest, still then could not be found. In 1984, Novallo
2. Lavides vs. Court of Appeals, G.R. No. 129670,
was finally arrested, but later released an provisional February 1, 2000.
Liberty upon the approval of his property bail band. RTC
arraigned and he pleaded not guilty. RTC transferred 3. Yap vs. Court of Appeals, G.R. No. 141529, June 6,
the case to Sandiganbayan thus a new order for 2001.
Novallo’s arrest was issued. Said Warrant was returned
with a certification by the RTC that the accused had FACTS: Francisco Yap was convicted of the crime of
posted a bail band. But later found defective. Petitioner estafa for misappropriating amounts equivalent to PHP
moved to quash, that the Sandiganbayan had no 5.5 million. After the records of the case were
jurisdiction, that the attempt to prosecute him before transmitted to the CA, he filed a motion to fix bail
sandigan bayan constitute double Jeopardy. pending appeal. The CA granted the motion and
Sandiganbayan found petitioner guilty beyond allowed Yap to post bail in the amount of PHP 5.5
reasonable doubt, hence this petition. million, as recommended by the Office of the Solicitor
General on condition that he will secure “a
ISSUE: Whether or not petitioner was under custodial
certification/guaranty from the mayor of the place of
investigation when he signed the certification prepared
his residence that he is a resident of the area and that
by State Auditing Examiner Leopoldo Dulguime.
he will remain to be so until final judgment is rendered
HELD: No. Accused-petitioner claims to have been or in case he transfers residence, it must be with prior
deprived of his constitutional rights under Section 12, notice to the court and private complainant”.
Article III, of the 1987 Constitution. 3 Well-settled is the
Yap sought the reduction of the bail but was denied.
rule that such rights are invocable only when the
Hence, he appealed to the SC, he contended that the
accused is under "custodial investigation," or is "in
CA, by setting bail at a prohibitory amount, effectively 4. Enrile vs. Sandiganbayan, G.R. No. 213847, August
denied him his right to bail. He also contested the 18, 2015.
condition imposed by the CA that he secures a
FACTS: Former Senator Juan Ponce Enrile, charged by
certificate or guaranty, claiming that the same violates
the Ombudsman with plunder in the Sandiganbayan,
his liberty of abode and travel.
filed a motion praying that he be allowed to post bail.
ISSUE: Whether or not the proposed bail was violative
He based his motions on the grounds that: (a) the
of petitioner’s right against excessive bail
prosecution had not yet established that the evidence
RULING: Yes. The SC said that the bail amounting to PHP of his guilt is strong; (b) although he was charged by
5.5 million is unreasonable, excessive, and constitutes plunder, if proven guilty, his penalty would only be
an effective denial of petitioner’s right to bail. The reclusion temporal as he was entitled to two mitigating
purpose of the bail is to guarantee the appearance of circumstances – his voluntary surrender and his old age;
the accused at the trial, or whenever so required by the and (c) he was not a flight risk and his age and physical
court. The amount should be high enough to assure the condition must further be seriously considered.
presence of the accused but not higher than is
Sandiganbayan denied the said motion stating that it is
reasonably calculated to fulfill the purpose. To fix bail at
only after the prosecution shall have presented its
an amount equivalent to the civil liability of which
evidence and the court shall have made a
petitioner is charged is to permit the impression that
determination that the evidence of guilt is not strong,
the amount paid as bail is an exaction of the civil liability
can he demand bail.
that accused is charged of. The SC further said that this
cannot be allowed because bail is not intended as ISSUE: Whether or not accused – petitioner be entitled
punishment nor a satisfaction of civil liability which to post bail?
should necessarily await the judgment of the appellate
court. Also, Section 9, Rule 114 of the Revised Rules on RULING: YES. The SC grants the provisional liberty to
Criminal Procedures advises courts to consider the Enrile in consideration of his poor health.
following factors in setting the amount of bail:
The right to bail, as a general rule, is that any person,
 Financial ability of the accused to give before being convicted of any criminal offense shall be
bail; bailable, unless he is charged with a capital offense, or
 Nature and circumstances of the with an offense punishable with reclusion perpetua or
offense; life imprisonment, and the evidence of his guilt is
 Penalty for the offense charged; strong.
 Character and reputation of the In this case, the SC mainly considered Enrile’s poor
accused; health condition to justify his admission to bail,
 Age and health of the accused; believing that granting provisional liberty to Enrile will
 Weight and evidence against the enable him to have his medical condition be properly
accused; addressed and attended to by competent physicians of
 Probability of the accused appearing at his choice. This will not only aid in his adequate
the trial; preparation of his defense but will guarantee his
 Forfeiture of other bail; appearance in court for the trial – which is the objective
 The fact that the accused was a fugitive of bail.
from justice when arrested; and
 Pendency of other cases where the Further, Sandiganbayan’s contention is not correct on
accused is on bail. the proper time to file a motion for bail. Waiting for the
trial to finish before application of bail defeats the
objective of bail to entitle the accused with provisional 2. Buscayno vs. Military Commissions Nos. 1, 2, 6 and
liberty pending trial. 25, G.R. No. L-58284, November 19, 1981.

3. Dumlao vs. Comelec, G.R. No. 52245, January 22,


5. Government of Hong Kong vs. Olalia, G.R. No. 1980.
153675, April 19, 2007.
4. Malana vs. People of the Philippines, G.R. No.
6. Camara vs. Enage, G.R. Nos. 32951-2, September 173612, March 26, 2008.
17, 1971.
5. Marquez vs. Sandiganbayan, G.R. Nos. 187912-14,
Facts: Municipal Mayor of Magsaysay, Misamis Oriental, January 31, 2011.
Ricardo De La Camara, petitioner, was arrested on
6. People of the Philippines vs. Holgado, G.R. No. L-
November 7, 1968 for alleged participation of the killing 2809, March 22, 1950.
of fourteen and wounding eleven other laborers in
Tirador Logging Co. 7. US vs. Karelsen, G.R. No. 1376, January 21, 1904.

The provincial fiscal filed with the Court of First Instance 8. People of the Philippines vs. Quitlong, G.R. No.
a case of multiple frustrated murder and multiple 121562, July 10, 1998.
murder in the other against the petitioner. 9. Conde vs. Rivera, G.R. No. 21741, January 25, 1924.
The petitioner filed bail, although he maintained his FACTS: Aurelia Conde, formerly a municipal midwife in
innocence. The respondent Judge granted him the bail Lucena, Tayabas, has been forced to respond to no less
but, requiring him to post P1,195,200.00 for his the five information for various crimes and
temporary release. This incident went to the attention misdemeanors, has appeared with her witnesses
of the then DOJ Secretary Vicente Abad Santos. By then, and counsel at hearings no less than on eight different
the Secretary told through a telegram that the bail was occasions only to see the cause postponed, has twice
so excessive and he even suggested that a reasonable been required to come to the Supreme Court for
bail shall be P40,000.00 only. The respondent became protection, and now, after the passage of more than
adamant, so this petition. one year from the time when the first information was
Issue: Whether or not the bail is excessive filed, seems as far away from a definite resolution of
her troubles as she was when originally charged.
Ruling: The Supreme Court dismissed the case for moot
and academic since the petitioner escaped from the Issue: Whether or Not petitioner has been denied her
penal detention facility. Nevertheless, according to the right to a speedy and impartial trial.
Court, the bail was too excessive. By being excessive
means it is as though the accused is never given the Held: Philippine organic and statutory law expressly
chance to post bail. If the only purpose of the bail is to guarantee that in all criminal prosecutions the accused
let the accused be present during the hearing, it is a shall enjoy the right to have a speedy trial.
violation of his right if the same is excessive. 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
7. Comendador vs. de Villa, G.R. No. 93177, August 2,
1991. of law.

We lay down the legal proposition that, where a


SECTION 14 prosecuting officer, without good cause, secures
postponements of the trial of a defendant against his
1. Romualdez vs. Sandiganbayan, G.R. No. 143618-41, protest beyond a reasonable period of time, as in this
July 30, 2002.
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 told or having read or heard the same. Such testimony
liberty, by habeas corpus to obtain his freedom. is considered hearsay and may not be received as proof
of the truth of what he has learned. Since Malcon
Olevere was not presented as a witness, the testimonies
10. Mateo vs. Villaluz, G.R. No. 34756-59, March 31,
1973. offered by the witnesses for the prosecution are
regarded as hearsay, insofar as they impute to the
11. Garcia vs. Domingo, G.R. No. L-30104, July 25, appellant the commission of the offense charged.
1973.

12. People of the Philippines vs. Ramos, G.R. No. 13. Soriano vs. Angeles, G.R. No. 109920, August 31,
59318, May 16, 1983. 2000.

FACTS: Malcon Olevera was arrested for possession of DOCTRINE: Bias and prejudice cannot be presumed,
dried marijuana leaves. Upon investigation, Olevere especially weighed against a judge’s sacred allegation
declared that he bought the recovered marijuana leaves under oath of office to administer justice without
from one Rogelio Ramos. A police team with suspect respect to any person and do equal right to the poor
Olevere proceeded to the residence of Ramos and and the rich.
arrested him. During the custodial investigation,
Olevere executed a written sworn statement implicating FACTS: Private respondent Garcia and his uncle went
the accused-appellant Ramos as the source of the into a barangay hall and looked for petitioner Soriano,
marijuana leaves. He accused after having been duly and then allegedly gave the petitioner blows to the
apprised of his constitutional rights, verbally admitted face. There was an altercation that resulted in the
the commission of the offense charged. Upon hospitalization of the petitioner. Judge Angeles
arraignment, the accused-appellant entered a plea of acquitted the private respondent because she found it
not guilty to the information filed against him. At the hard to believe that the petitioner did not resist or say
trial, the prosecution presented three witnesses. After anything when he was assaulted by the private
the trial the Court of First Instance of Manilla found respondent.
Ramos guilty beyond reasonable doubt of the crime
charged in view of the verbal admission given by the Soriano filed a petition for certiorari, alleging that the
appellant himself and the evidence offered and decision is invalid because it was not rendered by an
admitted to Court. impartial tribunal, citing the reason that the judge called
the parties to her private chamber and asked for the
ISSUE: Whether or not the constitutional rights of the
parties to settle the case instead, and when the
accused, more particularly the right to meet the witness
petitioner refused, she did not set the case for hearing
against him face to face and to cross-examination him
until after three weeks allegedly to provide a cooling off
has been violated.
period.
HELD: The lower court erred in admitting as evidence
the written sworn affidavit of Malcon Olevere. This ISSUE: Was the petitioner’s right to an impartial trial
piece of evidence is a mere scrap of paper because violated?
Malcon Olevere was not produced in court for cross-
examination. The constitutional right to meet witnesses RULING: NO, the petitioner’s right to an impartial trial
face to face 15 in order not to deprive persons of their was not violated, because a perusal of the judgment of
lives and properties without due process of law is well- the trial showed that the parties were heard
protected in our jurisprudence. conformably to the norms of due process, evidence was
presented by both parties and duly considered, their
A witness, therefore, may not testify as to what arguments were studied, analyzed, and assessed, and
he merely learned from others, either because he was judgment was rendered in which findings of facts and
conclusions were set forth. A postponement was not an According to the Supreme Court, since it was the
unreasonable request, because the regular counsel of counsel’s fault, the decision against Yambot and
the private defendant was absent, and a new one was Valenzuela is a violation of due process on the ground
to take over. of their failure to present their witness, although not
their fault. So, the judgment of the lower court was set
14. People of the Philippines vs. Yambot, G.R. No. aside and the Supreme Court ordered the lower court
120350, October 13, 2000. to receive the evidence of the accused.
Facts: On February 7, 1994, the group of the accused,
kidnapped Francisco Bernabe in Dalandan, Valenzuela, 15. People of the Philippines vs. Jarra, G.R. No. L-
Metro Manila. They asked Arceli Bernabe, the wife of 61356-57, September 30, 1986.
Francisco, to give them 20 Million Pesos in exchange of
the liberty of her husband. However, it was reduced to SECTION 15
2,370,000.00 Pesos and became the final pay-off of the
ransom. The operatives safely rescued Francisco 1. Go vs. Ramos, G.R. No. 167569, September 4, 2009.
Bernabe, killed some of the perpetrators, abduct others
SECTION 16
including Yambot and Valenzuela while others were
remain at large. 1. Caballero vs. Alfonso, Jr., G.R. No. L-45647, August
21, 1987.
After the hearing, the lower court, RTC, decided against
all the kidnappers and sentenced them to death by 2. Binay vs. Sandiganbayan, G.R. No. 120681, October
electrocution. Through automatic appeal due to the 1, 1999.
nature of their sentence, they assailed that they were
FACTS:Several cases were filed by the ombudsman in
denied due process on the ground that they failed to
the Sandiganbayan against Mayor Jejomar Binay
submit their own evidence. However, in the record it
was shown that their absence of presenting their own for illegal use of public funds and violation of Anti-graft
witness was due to their waver of presenting the same. and corrupt practices act. The crimes were committed
by the petitioner in his incumbency in the year 1987.
Issue: Whether or not they were denied due process for
Petitioner moved to quash the informations, alleging
not presenting their own witness as part of their
that the delay of more than 6 years constituted a
evidence.
violation of his right due process. His arraignment was
Ruling: The Supreme Court decided in favor of Yambot held in abeyance pending the resolution denying
and Valenzuela. The failure of presenting the same to petitioner’s motion to quash and the latter’s MR. In the
the lower court was the fault of their counsel. Their meantime, the prosecution filed a motion to suspend
counsel asked the court for the resetting of the hearing the accused “pendente lite” which was eventually
on the ground that their witnesses were not available. granted and ordered the 90-day suspension.
This happened four times and each time the court
Petitioner filed petition for certiorari in the SC, praying
granted the motion to reset the hearing, although the
that the resolution denying MR be set aside and claimed
court warned the counsel that if the witnesses would
that he was denied of his rights when the suspension
not show up again in the next hearing, Yambot and
was ordered even before he could file his reply. SC, then
Valenzuela’s right to present their witness will
directed Sandiganbayan to permit petitioner to file said
tantamount to a waiver. However, in each resetting, the
reply. After the submissions of reply, Sandiganbayan
counsel failed to present even himself in the hearing,
reiterated its previous resolutions and order.
this happened three times. So, the lower court decided
Meanwhile,
against the accused based on the waiver to present
their witness. RA 7975 redifining the jurisdiction of sandiganbayan,
thus petitioner filed before Sandiganbayan a motion to
refer his cases to the RTC, alleging that Sandiganbayan ISSUE: Whether or not the writing constitutes evidence
has no jurisdiction on the instant case. SB denied, against himself within the scope and meaning of the
Hence, this petition. constitutional provision.

ISSUE: Whether or not the petitioner’s right to speedy RULING: YES. The act of writing or taking dictation is
disposition was violated. included in the privilege not to give self-incriminating
evidence.
HELD: No. The SC held that there was no undue delay.
The right to speedy disposition of a case, like the right SC stated that writing is something more than moving
to speedy trial, is deemed violated only when the the body, or the hands, or the fingers; writing is not a
proceedings is attended by vexatious, capricious and purely mechanical act, because it requires the
oppressive delays; or when unjustified postponements application of intelligence and attention; and in the case
of the trial are asked for and secured, or when without at bar, writing means that the petitioner herein is to
cause or justifiable motive a long period of time is furnish a means to determine whether or not he is a
allowed to elapse without the party having his case falsifier.
tried.

7. Mapa Jr. vs. Sandiganbayan, G.R. No. 100295, April


3. Marcos vs. Sandiganbayan, G.R. No. 126995, 26, 1994.
October 6, 1998.

SECTION 19
SECTION 17

1. U.S. vs. Navarro, G.R. No. 1272, January 11, 1904. 1. R.A. No. 9346

2. Isabela Sugar Co. vs. Macadaeg, G.R. No. L-5924, 2. People of the Philippines vs. Estoista, G.R. No. L-
October 28, 1953. 5793, August 27, 1953.

3. U.S. vs. Tan Teng, G.R. No.7081, September 7, 1912. 3. People of the Philippines vs. Puda, G.R. No. L-
33841, October 31, 1984.
4. Villaflor vs. Summers, G.R. No. 16444, September 8,
1920. FACTS : Accused appellant Flavio Puda was sentenced to
suffer the penalty of death after finding him guilty
5. People of the Philippines vs. Gallarde, G.R. No. beyond reasonable doubt of the crime of murder after
133025, February 17, 2000.
killing one Ching Tian Un. Unfortunately, because of the
6. Beltran vs. Samson, G.R. No. 32025, September 23, negligence of some court personnel, the records of the
1923. case were not forwarded by the court to the SC for
automatic review. Eleven years after his conviction, the
FACTS: Petitioner herein complains the respondent accused wrote a letter to the SC inquiring about the
judge for ordering him to appear before the provincial status of his case. The SC then inquired through a letter
fiscal to take dictation in his own handwriting for the and found that due to the inadvertence of the then
purpose of comparing petitioner’s handwriting to a clerk in charge of criminal cases, the records of his case
falsified document in question on a separate case. were placed in the archives sometimes in 1960 instead
of being forwarded to the SC. Hence, it was only then
Petitioner refuses to do such act and seeks refuge in the
that the entire records were elevated. The accused
constitutional provision contained in the Jones Law,
raised alleged errors saying that the Trial Court erred in
“nor shall be compelled in any criminal case to be a
imposing death penalty for being violative of the
witness against himself.”
constitutional provision (1935 Constitution) against the
imposition of cruel and unusual punishment, and he
should not be meted with the supreme penalty of death type jeep, then driven by petitioner, allegedly "hit and
by the SC as he has fully paid his due to society for bumped" a tricycle then driven by Ernesto Reyes
having suffered enough in staying in death row for more resulting in damage to the tricycle and injuries to
than 20 years. Ernesto Reyes and Paulino Gonzal.
As a consequence thereof, two informations were filed
ISSUE: Whether or not the death penalty is violative of against petitioner: (a) an Information for reckless
the constitutional right against imposition of cruel and imprudence resulting in damage to property with
unusual punishment multiple physical injuries under Article 365 of the
RULING: No. the Supreme Court held that death penalty Revised Penal Code and (b) an Information for violation
is not cruel, unjust, or excessive. In the case of Kemmler of paragraph 2 of Article 275 of the Revised Penal Code
(136 U.S. 436), the United States Supreme Court said on Abandonment of one's victim.
that “punishments are cruel when they involve torture
or a lingering death, but the punishment of death is not In June 1987 the MTC of Pasig rendered its decision in
cruel within the meaning of that word as used in the finding the petitioner guilty of the crime of
Constitution. It implies there something inhuman and Abandonment of one's victim as defined and penalized
barbarous, something more than the mere under paragraph 2 of Article 275 of the Revised Penal
extinguishment of life”. The court, however, agrees with Code. Petitioner appealed from said Decision to the RTC
the accused’s contention that the penalty should not be of Pasig. In the meantime, on 27 April 1989, petitioner
imposed on him since he has been detained and was arraigned for violation of Article 365. He entered a
continues to be in the death row for about 24 years and plea of not guilty.
it took 11 years after his trial and conviction before the
records of his case were discovered and transmitted to He filed a petition for review in the CA but which was
the SC for automatic review. The penalty of death is denied. He raised before the SC that that he cannot be
reduced to reclusion perpetua. penalized twice for an “accident” and another for
“recklessness.” He maintained that since he is facing a
criminal charge for reckless imprudence, which offense
4. People of the Philippines vs. Mercado, G.R. No. carries heavier penalties under Article 365 of the
116239, November 29, 2000.
Revised Penal Code, he could no longer be charged
5. People of the Philippines vs. Echegaray, G.R. No. under Article 275, par. 2, for abandonment for failing to
117472, February 7, 1997. render to the persons whom he has accidentally
injured.

SECTION 20
ISSUE:
1. Lozano vs. Martinez, G.R. No. L-63419, December Whether or not prosecution for negligence under
18, 1986. Article 365 of the Revised Penal Code is a bar to
prosecution for abandonment under Article 275 of the
same Code because it constitutes double jeopardy.
SECTION 21

1. People of the Philippines vs. Ylagan, G.R. No. RULING:


38443, November 25, 1933. No, the SC affirmed that the Articles penalize different
and distinct offenses. The rule on double jeopardy,
2. Lamera vs. Court of Appeals, G.R. No. 93475, June
5, 1991. which petitioner has, in effect, invoked, does not,
therefore, apply pursuant to existing jurisprudence.
FACTS: Hence, the petition should be dismissed for lack of
At around 8:30 o'clock in the evening of 14 March 1985, merit.
along Urbano Street, Pasig, Metro Manila, an owner-
Legal jeopardy attaches only (a) upon a valid 9. People of the Philippines vs. Tria-Tirona, G.R. No.
indictment, (b) before a competent court, (c) after 130106, July 15, 2005.
arraignment, (d) a valid plea having been entered, and
10. Lejano vs. People of the Philippines, G.R. No.
(e) the case was dismissed or otherwise terminated 176389, January 18, 2011.
without the express consent of the accused.
SECTION 22
He is charged for two separate offenses under the
1. In Re Kay Villagas Kami Inc., G.R. No. 32485,
Revised Penal Code. In People vs. Doriquez, the SC held Octobber 22, 1970.
that it is a cardinal rule that the protection against
double jeopardy may be invoked only for the same 2. People of the Philippines vs. Sandiganbayan, G.R.
offense or identical offenses. Where two different laws No. 101724, July 3, 1992.
(or articles of the same code) defines two crimes, prior
Facts: Two letter-complaints were filed on October 28,
jeopardy as to one of them is no obstacle to a
1986 and December 9, 1986 with the Tanodbayan by
prosecution of the other, although both offenses arise
Teofilo Gelacio to Ceferino Paredes. The petitioner was
from the same facts, if each crime involves some
a public officer being then the Provincial Attorney of
important act which is not an essential element of the
Agusan del Sur.
other.
The complaint was based on taking advantage of his
The two information filed against petitioner are clearly public position by influencing and inducing the Land
for separate offenses. The first, for reckless imprudence Inspector of the Bureau of Lands that the land subject
(Article 365), falls under the sole chapter (Criminal to this litigation filed by the accused with the Bureau of
Negligence) of Title Fourteen (Quasi Offenses) of Book Lands is a disposable land with free patent where in
Two of the Revised Penal Code. The second, for fact, the accused knew that the same had been
Abandonment of one's victim (par. 2, Art. 275), falls reserved for school site.
under Chapter Two (Crimes Against Security) of Title
Nine (Crimes Against Personal Liberty and Security) of He was arrested upon a warrant issued by the
Book Two of the same Code. Sandiganbayan. On April 5, 1991, he filed an urgent
Motion with the prayer that the charged against him be
Quasi offenses under Article 365 are committed by quashed since he is charged for an offense which has
means of culpa. Crimes against Security are committed prescribed. He further reiterated that since it was
by means of dolo. already prescribed, his constitutional rights has been
violated.
3. People of the Philippines vs. Relova, G.R. No. L-
45129, March 6, 1987. Issue: Whether or not the offense is already prescribed.

4. People of the Philippines vs. Balisican, G.R. No. L- Ruling: The Supreme Court decided in favor of the
26376, August 31. 1966. respondent. According to the Court, if the respondent is
charged with that offense under R.A. No. 3019 which
5. Braza vs. Sandiganbayan, G.R. No. 195032, was amended by BP 195 which increases the period for
February 20, 2013.
prescription from ten to fifteen years he will no longer
6. Ivler vs. Modesto-San Pedro, G.R. No. 172716, be liable. However, if BP 195 will apply which amended
November 17, 2010. the R.A. No. 3019, would make it an ex post facto law
since it would change his situation to his disadvantage
7. Melo vs. People of the Philippines, G.R. No. L-3850,
by making him criminally liable for a crime that had
March 22, 1950
already been extinguished under the law existing when
8. People of the Philippines vs. Buling, G.R. No. L- it was committed.
13315, April 27, 1960.
3. Lacson vs. Executive Secretary, G.R. No. 128096, Tarlac concerning the Anti-Subversion Act. He was
January 20, 1999. accused of being an officer or a ranked leader of the
Communist Party of the Philippines, an outlawed and
FACTS: Petitioner assails the constitutionality of
illegal organization aimed to overthrow the government
Sections 4 and 7 of RA 8249, an act which defines and
of the Philippines by means of force, violence, deceit,
expands the jurisdiction of the Sandiganbayan; and
subversion or any other illegal means. Co claimed that
further alleges that the Sandiganbayan has no
the Anti-Subversion Act is a bill of attainder. On May 25,
jurisdiction over their case.
1970, Nilo Tayag and five others were also charged in
Petitioner was charged for murder before the the same court with subversion. Tayag copied Co’s
Sandiganbayan, on November 1995. On March 5-6, attack on the law. The court ruled the statute void on
1996, petitioner, along with other co-accused, filed the grounds that it is a bill of attainder and that it is
separate motions questioning the jurisdiction of the vague overbroad. Government appealed to the SC as a
Sandiganbayan on the ground that RA 7975 (repealed special civil action for certiorari.
by the assailed law) limits the jurisdiction of the said
court and does not have the authority to try their
murder case. These motions were granted and Issues:
transferred to the Quezon City RTC.
Relevant: WoN the Anti-Subversion Act is a bill of
However, the Office of the Special Prosecutor moved attainder
for a reconsideration, insisting that the cases should
remain with the Sandiganbayan. Irrelevant: WoN it is vague and overbroad

Pending resolution, RA 8249 was approved into law. Irrelevant: WoN it denies the defendants the due
process of the law
The Sandiganbayan retained jurisdiction over the case.

Petitioners now argues that sections 4 and 7 of RA 8249


for being an ex post facto law. Section 4 defines the Held and Ratio:
expanded jurisdiction of the Sandiganbayan and section
Relevant: No. Only when a statute applies either to
7 states that the assailed law shall apply to all cases
named individuals or to easily ascertainable members of
pending in any court.
a group in such a way as to inflict punishment on them
ISSUE: Whether or not sections 4 and 7 of RA 8249 is without a judicial trial does it become a bill of attainder.
unconstitutional for having a retroactive application. (US v. Lovett 328 US 303 1946)

RULING: It is constitutional. The SC said that there is


nothing ex post facto in RA 8249.
Irrelevant: No. The contention about the word
An ex post facto law, generally prohibits retrospectivity “overthrow” regarding the government (peaceful
of penal laws. RA 8249 is not a penal law. It is a overthrowing) is clarified by the provision of the clause:
substantive law on jurisdiction which is not penal in by means of force, violence, deceit, subversion or any
character. Therefore, the retroactive application of RA other illegal means.
8249 cannot be challenged as unconstitutional.

4. People of the Philippines vs. Ferrer, G.R. No. L- Irrelevant: No. The freedom of expression and freedom
32613-14, December 27, 1972. of association is superseded by the right of the state to
self-preservation.
Facts: On March 10, 1970, a prima facie case was filed
against Feliciano Co in the Court of First Instance in

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