Escolar Documentos
Profissional Documentos
Cultura Documentos
CRIMINAL JURISDICTION
1.
PEOPLE VS MARIANO
Principle:
2.
Facts:
The office of the Provincial Fiscal of Bulacan filed an
Information
accusing private respondent herein
Hermogenes Mariano, Liaison Officer of incumbent
Municipal Mayor, Constantino Nolasco, of estafa for
misappropriating and converting to his own personal
use and benefit items valued at $717.50 or P4,797.35,
belonging to USAID/NEC, to the damage and prejudice of
the said owner in the said sum of $717,50 or P4,797.35.
In his motion to quash, Mariano claimed that the items
which were the subject matter of the Information against
him were the same items for which Mayor Constantino A.
Nolasco of San Jose del Monte, province of Bulacan, was
indicted before a Military Commission under a charge of
malversation of public property, and for which Mayor
Nolasco had been found guilty. He argued that inasmuch
as the case against Mayor Nolasco had already been
decided by the Military Tribunal, the Court of First
Instance of Bulacan had lost jurisdiction over the case
against him.
ISSUE: Whether or not civil courts and military
commissions exercise concurrent jurisdiction over the
offense of estafa of goods valued at not more than six
thousand pesos and allegedly committed by a civilian
HELD:
Respondent court therefore gravely erred when it ruled
that it lost jurisdiction over the estafa case against
respondent Mariano with the filing of the malversation
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HONRALES VS HONRALES
(G.R.182651 8/25/2010)
Principle :
Facts:
Respondent Jonathan Honorales was charged of
parricide when she shot her wife, Jane Honorales.
Assistant City Prosecutor Rebagay then issued a
recommendation of withdrawing the parricide and
instead respondent be charged only of reckless
imprudence
resulting
to
parricide.
While the motion to withdraw the information was still
pending, a new information for reckless imprudence was
filed with the MTC against respondent. The heirs
meanwhile filed for a petition for review with the Office
of the President for the downgrading of the offense.
While the motion to withdraw was still pending,
respondent pleaded guilty and was found guilty with the
MTC for reckless imprudence. He also filed a motion to
dismiss his parricide case with the RTC citing that his
arraignment and judgment as grounds for dismissal.
Heirs then filed a certiorari with the CA as the RTC judge
granted respondent's motion to withdraw arguing that
an appeal was still pending. CA denied the certiorari and
cited
that
double
jeopardy
would
attach.
Issue :
case.
Held:
In this case, the MeTC took cognizance of the Information
for reckless imprudence resulting in parricide while the
criminal case for parricide was still pending before the
RTC. In Dioquino v. Cruz, Jr., we held that once
jurisdiction is acquired by the court in which the
Information is filed, it is there retained. Therefore, as the
offense of reckless imprudence resulting in parricide was
included in the charge for intentional parricide pending
before the RTC, the MeTC clearly had no jurisdiction over
the criminal case filed before it, the RTC having retained
jurisdiction over the offense to the exclusion of all other
courts. The requisite that the judgment be rendered by a
court of competent jurisdiction is therefore absent.
A decision rendered without jurisdiction is not a decision
in contemplation of law and can never become executory.
3.
SERNA VS SANDIGANBAYAN
Principle :
Facts:
peers; 2.) that she was a simple student and did not
receive any salary as a UP student regent; and 3.) she
does not fall under Salary Grade 27.
The Ombudsman contends that petitioner, as a member
of the BOR is a public officer, since she had the general
powers of administration and exercise the corporate
powers of UP. Compensation is not an essential part of
public office.
Moreover, the Charter of the University of the Philippines
reveals that the Board of Regents, to which accusedmovant belongs, exclusively exercises the general
powers of administration and corporate powers in the
university. It is well-established in corporation law that
the corporation can act only through its board of
directors, or board of trustees in the case of non-stock
corporations.
Issue: Whether a government scholar and UP student
regent is a public officer.
Held:
Yes.
First, Public office is the right, authority, and duty created
and conferred by law, by which for a given period, either
fixed by law or enduring at the pleasure of the creating
power, an individual is invested with some portion of the
sovereign functions of the government, to be exercise by
him for the benefit of the public. The individual so
invested is a public officer. (Laurel vs Desierto)
Delegation of sovereign functions is essential in the
public office. An investment in an individual of some
portion of the sovereign functions of the government, to
be exercised by him for the benefit of the public makes
one a public officer.
4.
5.
6.
7.
Facts:
A number of high ranking police officers (including
Panfilo Lacson) were implicated in the murder of 11
alleged members of the Kuratong-baleleng gang.
The case was filed with the regular court. However,
evidence were submitted showing that two of the
deceased victims are minors. This prompted the
prosecution to amend the information and file motion for
re-raffle of the case with the family court. The motion
was denied on the ground that the minor-victims were
already dead.
Issue: WON the family court has jurisdiction.
Ruling:
Yes. The Court is not impervious to the provisions of
Section 5 of R.A. 8369, that vest in family courts
jurisdiction over violations of R.A. 7610, which in turn
covers murder cases where the victim is a minor. Thus:
Sec. 5. Jurisdiction of Family Courts. The Family
Courts shall have exclusive original jurisdiction to
hear and decide the following cases: a) Criminal
cases where one or more of the accused is below
eighteen (18) years of age but not less than nine
(9) years of age, or where one or more of the
victims is a minor at the time of the
commission of the offense: Provided, That if the
minor is found guilty, the court shall promulgate
sentence and ascertain any civil liability which the
respondent may have incurred.
Facts:
Ms. Garcia filed an application for TRO against her
husband, pursuant to R.A. 9262 (VAWC). She claimed to
be a victim of violence. The RTC (acting as family court)
granted the application.
Thus, Mr. Garcia filed before the CA a petition for
prohibition and assails the constitutionality of the RA
9262 for violating the due process and equal protection
clauses. CA dismissed the petition on the ground that it
was not raised at the earliest opportunity, i.e., at the trial
in the family court. The petitioner, on the other hand
avers that it could not raise the issue of constitutionality
before the family court as it would constitute a collateral
attack on the statute and that the family court acting as a
special court has no authority to determine issue of
constitutionality.
Issue: Does the family court, acting on special
jurisdiction have the authority to pass on the
constitutionality of VAWC?
Ruling:
Family Courts have authority and jurisdiction to
consider the constitutionality of a statute.
At the outset, it must be stressed that Family Courts are
special courts, of the same level as Regional Trial Courts.
Under R.A. 8369, otherwise known as the "Family Courts
Act of 1997," family courts have exclusive original
jurisdiction to hear and decide cases of domestic violence
against women and children.
Ruling:
Yes. There is no question that Act No. 3326,
appropriately entitled An Act to Establish Prescription for
Violations of Special Acts and Municipal Ordinances and to
Provide When Prescription Shall Begin, is the law
applicable to offenses under special laws which do not
provide their own prescriptive periods. Thus;
We agree that Act. No. 3326 applies to offenses
under B.P. Blg. 22. An offense under B.P. Blg.
22 merits the penalty of imprisonment of not
less than thirty (30) days but not more than
one year or by a fine, hence, under Act No.
3326, a violation of B.P. Blg. 22 prescribes in
four (4) years from the commission of the
offense or, if the same be not known at the
time,
from
the
discovery
thereof.
Nevertheless, we cannot uphold the
position that only the filing of a case in
court can toll the running of the
prescriptive period.
II.
9.
PANAGUITON VS DOJ
(11/25/2008)
Facts:
Cawili and Tongson borrowed money from Panaguiton
and later issued checks as payment. But checks were
dishonored.
After the 1995 demand to pay failed, Panaguiton filed a
complaint against Cawili and Tongson for violating BP
Blg. 22 before the Prosecutor's Office on June 1995.
The DOJ's flip-flopping resolutions took the case 9 years
on preliminary investigation stage until it finally settle
the issue holding that the case had already prescribed
pursuant to Act. No. 3326 (which gives the BP22 a
prescription of 4 years).
It states that in this case the 4 year period started on the
date the checks were dishonored and that the filing of
complaint in the prosecutor's office did not interrupt the
running of the prescriptive period as the law (RA 3326)
contemplates judicial and not administrative
proceedings.
Issue: Whether the filing of the affidavit-complaint for
violation of BP Blg. 22 against respondent with the Office
of the City Prosecutor interrupted the period of
prescription of such offense.
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10.
PRICIPLE:
FACTS:
2.
RULING:
1.
complete
by
themselves. Their
in
the
registration
statement
simply
existence
be
of probable
the
DOJ. In
cause,
before
a
the
the
preliminary
preliminary
investigation
prescription
period. A
interrupts
A preliminary investigation
is merely inquisitorial, and it
is often the only means of
discovering the persons
who may be reasonably
charged with a crime, to
enable the fiscal to prepare
the
complaint
or
information. It is not a trial
of the case on the merits and
has no purpose except that
of determining whether a
crime has been committed
or
whether
there is
probable cause to believe
that the accused is guilty
thereof.
under
the
Revised
punishable
1995,
soon
questionable
after it discovered
acts
the
of
the
respondents,
interrupted
the
prescription
effectively
prescription period.
PRICIPLE:
FACTS:
On October 2, 2003, two criminal Informations
were filed with the MTC Baguio City.
Respondent Benedicto Balajadia and the other
accused filed a Motion to Quash and/or
Manifestation which sought the quashal of the two
Informations on the following grounds: extinguishment
of criminal action or liability due to prescription; failure
of the Information to state facts that charged an offense;
and the imposition of charges on respondents with more
than one offense.
Respondent Judge Lidua, Sr., Presiding Judge of
the MTC of Baguio City, granted the accused's Motion to
Quash and dismissed the cases. Petitioner filed MR but
was denied.
Petitioner then filed a Petition for Certiorari
under Rule 65 with the RTC of Baguio City. Petitioners
argued that the respondent judge ruled erroneously
saying that the prescriptive period for the offenses
charged against the private respondents was halted by
the filing of the Complaint/Information in court and not
when the Affidavit-Complaints were filed with the Office
of the City Prosecutor of Baguio City.
RTC of Baguio dismissed the Petition for
Certiorari. It held that, since cases of city ordinance
violations may only be commenced by the filing of an
Information, then the two-month prescription period
may only be interrupted by the filing of Informations
against the respondents in court. Hence, this petition.
ISSUE: Whether the filing of the Complaint with the
Office of the City Prosecutor tolled the prescription
period of the commission of the offense charged against
respondents. (NO)
RULING:
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12.
REODICA VS CA PUNISHED BY
RPC BUT COVERED BY SUMMARY
PROCEDURE
PRICIPLE:
ISSUES:
1.
2.
3.
RULING:
1.
Following Lontok, the conclusion is inescapable here,
that the quasi offense of reckless imprudence resulting in
slight physical injuries should have been charged in a
separate information because it is not covered by Article
48 of the Revised Penal Code. However, petitioner may
no longer question, at this stage, the duplicitous
character of the information, i.e., charging two separate
offenses in one information, to wit: (1) reckless
imprudence resulting in damage to property; and (2)
reckless imprudence resulting in slight physical
injuries. This defect was deemed waived by her failure to
raise it in a motion to quash before she pleaded to the
information. Under Section 3, Rule 120 of the Rules of
Court, when two or more offenses are charged in a single
complaint or information and the accused fails to object
to it before trial, the court may convict the accused of as
many offenses as are charged and proved and impose on
him the penalty for each of them
2.
3.
Pursuant to Article 90 of the Revised Penal Code, reckless
imprudence resulting in slight physical injuries, being a
light felony, prescribes in two months. On the other hand,
reckless imprudence resulting in damage to property in
the amount of P8,542.00, being a less grave felony whose
penalty is arresto mayor in its minimum and medium
periods, prescribes in five years.
To resolve the issue of whether these quasi offenses have
already prescribed, it is necessary to determine whether
the filing of the complaint with the fiscals office three
days after the incident in question tolled the running of
the prescriptive period.
Article 91 of the Revised Penal Code provides:
ART. 91. Computation of prescription
of
offenses. -- The
period
of
prescription shall commence to run
from the day on which the crime is
discovered by the offended party, the
authorities, or their agents, and shall
be interrupted by the filing of the
complaint or information, and shall
commence to run again when such
proceedings terminate without the
13.
PEOPLE VS MANABA
PRINCIPLE:
FACTS:
On May 10, 1932, the chief of police of Dumaguete
subscribed and swore to a criminal complaint charging
Pedro Manaba with the crime of rape, committed against
Celestina Adapon before the justice of the peace of
Dumaguete and in due course, the case reached the CFI.
The accused was tried and convicted, but on motion of
the defendants attorney, the judgment was set aside and
the case dismissed on the ground that the court had no
jurisdiction over the person of the defendant or the
subject matter of the action, because the complaint had
not been filed by the offended party, but by the chief of
police (Criminal case No. 1801).
On August 17, 1932, the offended girl subscribed and
swore to a complaint charging the defendant with the
crime of rape. This was filed in the CFI (Criminal case No.
1872), but was referred to the justice of the peace of
Dumaguete for preliminary investigation. The defendant
waived his right to the preliminary investigation, but
asked for the dismissal of the complaint on the ground
that he had previously been placed in jeopardy for the
same offense. This motion was denied by the justice of
the peace, and the case was remanded to the CFI where
the provincial fiscal in an information charged the
defendant with having committed the crime of rape.
The defendant renewed his motion for dismissal in the
case on the ground of double jeopardy, but his motion
was denied; and upon the termination of the trial, the
defendant was found guilty and sentenced to suffer the
penalty of 17 years and 4 months of reclusion temporal,
10
15.
PEOPLE VS VALDESANCHO
(1/30/2001)
PRINCIPLE:
FACTS:
11
12
16.
PRINCIPLE:
13
14
17.
PRINCIPLE:
FACTS:
Petitioner Almeda was charged with the crime of
qualified theft in the court presided by respondent Judge
Villaluz and was recommended P15,000 bond for his
provisional release to be posted entirely in cash. In the
scheduled hearing, he asked the court toto allow him to
post a surety bond in lieu of the cash bond. This request
was denied, and so was an oral motion for
reconsideration, on the ground that the amended
information imputed habitual delinquency and
recidivism on the part of Almeda.
At the same hearing, the respondent city fiscal reiterated
his oral motion for amendment of the information so
as to include allegations of recidivism and habitual
delinquency. Almeda objected, arguing that (a) such an
amendment was premature since no copies of prior
conviction could yet be presented in court, (b) the
motion to amend should have been made in writing in
order to enable him to object formally, and (c) the
proposed amendment would place him in double
jeopardy considering that he had already pleaded not
guilty to the information. The court nevertheless granted
the respondent fiscal's motion in open court. An oral
motion for reconsideration was denied. The petitioner
forthwith moved for the dismissal of the charge on the
ground of double jeopardy, but this motion and a motion
for reconsideration were denied in open court.
ISSUE: Whether OR NOT the amendment to the
information, after a plea of not guilty thereto, was
properly allowed in both substance and procedure.
HELD:
15
19.
PRINCIPLE:
18.
PRINCIPLE:
FACTS:
In the court of First Instance of Nueva Ecija, an
information for the crime of murder was filed against
Bruno Arevalo and Cecilio Arevalo, alleging that Bruno
was armed with a knife and Cecilio with a revolver. After
the accused had pleaded not guilty upon arraignment,
and upon proceeding with the trial of the case on the day
fixed therefor, a witness was presented who testified that
it was Bruno who carried the revolver and Cecilio, the
knife. Alleging that according to the information it was
Bruno who carried the knife and Cecilio the revolver, the
attorney for the defense filed an objection to said
testimony. The court stated that if the fiscal did not
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FACTS:
The defendants were prosecuted on an information for
the crime of brigandage. After the prosecution rested but
before the presentation of the evidence of the defense,
the trial court permitted the prosecuting officer to
amend the information eliminating the words "led by one
Silverio" and substituting therefor the words "under the
command of Luciano San Miguel."
The defendants were sentenced in the Court of First
Instance to the penalty of twenty years imprisonment
for the crime of brigandage, punished by section 1 of Act
No. 518 of the Commission. The merits of the case
16
20.
21.
23.
VEGA VS PANIS
PEOPLE VS SOBERANO (472 SCRA
125)
TEHANKEE VS MADAYAG
(3/6/1992)
GALVEZ VS CA (10/24/1994)
24.
22.
PRINCIPLE:
FACTS:
Appellants in this case were convicted in the former case
of the crime of falsification of a private document, in that
they falsified a pawn ticket issued by the Monte de
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25.
VILLAROSA VS MAGALLANES
(4/29/2003)
PRINCIPLE:
FACTS:
petitioner Emilio Villarosa and private respondent Jude
Thaddeus Sayson were candidates for barangay captain,
with private respondent emerging the victor.
one Victoria S. Delfin filed a verified complaint
against private respondents with the Office of the
Election Officer in Bacolod City, for violation of the
Omnibus Election Code. The complaint alleged that
private respondents posted campaign streamers prior to
the start of the campaign period.
the counter-affidavits of private respondents were
forwarded to the Law Department of the Commission on
Elections (COMELEC), in Manila, Private respondent was
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26.
27.
PRINCIPLE: .
FACTS:
Manuel Parulan is an authorized dealer of San Mig Corp
in Bulacan. He issued 2checks in connection with beer
purchases and which he delivered to the Sales supervisor
(Mr. Cornelio) of San Mig. The checks were dishonored
by Planters Devt Bank (drawee) in Bulacan.
FIRST ISSUANCE:
ISSUED AT: Santa Maria, Bulacan Branch
SUM INVVOLVED: of P86,071.20
DELIVERED AND RECEIVED BY: the SMC Regional
Office at San Fernando, Pampanga
WHERE DISHONORED: the Bank of the Philippine
Islands (BPI), San Fernando Branch
SECOND ISSUANCE:
ISSUED AT: Santa Maria, Bulacan Branch
SUM INVOLVED: of P11,918.80
DELIVERED AND RECEIVED BY: SMC Regional Office
in San Fernando, Pampanga
WHERE DISHONORED: the PDB, in Santa Maria,
Bulacan.
ISSUE:
WHERE SHOULD THE CASE BE FILED
HELD:
Estafa by postdating or issuing a bad check may be
a
transitory
or
continuing offense. Its basic elements of deceit and
damage may arise independently in separate places. In
this case, it did and jurisdiction may be conferred in any
20
III.
28.
Principle:
Facts:
In an Information, respondent, Eung Won Choi (Choi), w
as charged for violation of BP 22, for issuing PNB Check
No. 0077133 in the amount of P1,875,000 which was di
shonored for having been drawn against insufficient fun
ds.
Upon arraignment, Choi, with the assistance of counsel,
pleaded "not guilty" to the offense charged. Following th
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h legal interest.
Upon Chois MR however, the RTC set aside its decision
and ordered the remand of the case to the MeTC "for fur
ther proceedings, so that the defendant [-respondent he
rein] may adduce evidence on the civil aspect of the case
."
Petitioner appealed RTC60's reversal of its prior decisio
n but the same was denied by CA
Issue:
Whether or not the private offended party can appeal fo
r the civil aspect of the case when the accused has been
acquitted.
Ruling:
Yes. As a rule, a judgment of acquittal is immediately fin
al and executory and the prosecution cannot appeal the
acquittal because of the constitutional prohibition again
st double jeopardy. Either the offended party or the acc
used may, however, appeal the civil aspect of the judgm
ent despite the acquittal of the accused.
21
mission from which the civil liability may arise did not e
reserved.
29.
Principle:
s that the liability of the accused is only civil; and (c) the
d.
Facts:
Sibulan.
Issue :
Whether or not the acquittal of the accused carries with
22
rear left portion of the cargo truck and not the reckless
the liability of the accused is only civil; and (c) the civil li
ility.
30.
Principle:
nce on the civil aspect of the case unless the court also d
eclares that the act or omission from which the civil liab
ility may arise did not exist.34 This is because when the
ion.
idence and acquitting the accused, and set the case for c
ontinuation of trial for the accused to adducevidence by
Issue :
Ruling :
Yes. Under the present rule, only the civil liability arisin
who was driving the cargo truck at the time of the incide
23
bility under Articles 32, 33, 34 and 2176 of the Civil Cod
eservation.
tion. This is only fair for two reasons. First, the accused i
s prohibited from setting up any counterclaim in the civi
31.
Principle:
Facts :
Two vehicles, one driven by respondent Laroya and the
other owned by petitioner Capitulo and driven by Casu
panan, figured in an accident. As a result, two cases wer
32.
FACTS:
Rogelio Bayotas y Cordova was charged with
Rape and eventually convicted thereof. Pending appeal of
his conviction, Bayotas died. Consequently, the Supreme
Court dismissed the criminal aspect of the appeal.
However, it required the Solicitor General to file its
comment with regard to the civil liability of Bayotas
arising from his commission of the offense charged.
ISSUE:
Whether or not the death of the accused
pending appeal of his conviction extinguish his civil
liability.
HELD:
24
1.
Death of the accused pending appeal of his
conviction extinguishes his criminal liability as well as
the civil liability based solely thereon;
HELD:
2.
Corollarily, the claim for civil liability
survives notwithstanding the death of the accused, if the
same may also be predicated on a source of obligation
other than delict. Aricle 1157 of the Civil Code
enumerates these other sources of obligation from which
the civil liability may arise as a result of the same act or
omission:
Law,
Contracts,
Quasi-contracts,
Delicts,Quasi-delicts;
3.
Where the civil liability survives, an
action for recovery therefore may be pursued but only by
way of separate civil action and may be enforced either
against the executor/administrator of the estate of the
accused, depending on the source of obligation aside
from delicts;
4.
Finally, the private offended party need
not fear a forfeiture of his right to file this separate civil
action by prescription, in cases where during the
prosecution of the criminal action and prior to its
extinction, the private offended party instituted together
therewith the civil action. In such case, the statute of
limitations on the civil liability is deemed interrupted
during the pendency of the criminal case, conformably
with provisions of Article 1155 of the Civil Code, that
should thereby avoid any apprehension on a possible
privation of right by prescription.
In the case at bar, the death of Bayotas
extinguished his criminal and civil liability based solely
on the act of rape. Hence, his civil liability also
extinguished together with his criminal liability upon his
death.
33.
FACTS:
Datu was charged with Acts of Lasciviousness penalized
under Art. 3 of R.A. 7610 because he inserted his middle
finger inside a 5 year old girls vagina. He was convicted
thereof but during appeal he died. In light of the
supervening event In which occurred while petitioners
appeal of the judgment of his conviction was pending
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25
34.
PEOPLE VS BERNARDO
(10/5/2015)
FACTS:
Bernardo was charged with violation of B.P. 22.
She was convicted thereof in the RTC. On appeal, she
died. Due to such death, Bernardos heirs argued that the
death of Bernardo extinguished her civil liability. In the
alternative, they contended that any civil liability should
be settled in a separate civil action.
ISSUES:
1.) Whether or not the death of Bernardo
extinguished her civil liability arising out of the
case for B.P. 22.
2.) Whether or not the B.P. 22 case as appealed by
Petition for Review on Certiorari under Rule 45
be dismissed and the civil liabilty be severed
with separately in another civil action.
HELD:
1.) No. Bernardo's civil liability survived her death
as it is based on contract.
As a general rule, the death of an accused
pending appeal extinguishes her criminal liability and
the corresponding civil liability based solely on the
offense (delict). The death amounts to an acquittal of the
accused based on the constitutionally mandated
presumption of innocence in her favor, which can be
overcome only by a finding of guilt - something that
death prevents the court from making. In a sense, death
absolves
the
accused
from
any
earthly
responsibility arising from the offense a divine act
that no human court can reverse, qualify, much less
disregard.
The independent civil liabilities, however,
survive death and an action for recovery therefore
may begenerally pursued but only by filing a
separate civil action and subject to Section 1, Rule
111 of the Rules on Criminal Procedure as
amended. This separate civil action may be enforced
against the estate of the accused.
As a necessary consequence of this special rule,
the civil liabilities arising from the issuance of a
worthless check are deemed instituted in a case for
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35.
FACTS:
San Miguel as represented by Atty. Orendain as
its duly authorized rehabilitation receiver appointed by
the SEC purchased lots from BF Homes. San Miguel
already paid the full price thereof but the Transfer
Certificate Title (TCT) was not yet delivered to it. BF
Homes claimed that it withheld the TCT because Atty.
Orendain had ceased to be its rehabilitation receiver at
the time of the transactions after being meanwhile
replaced as receiver by FBO Network Management, Inc.
BF Homes refused to deliver the 20 TCTs
despite demands promting San Miguel to file a criminal
charge against the directors and officers of BF Homes
with non-delivery of titles in violation of Section 25, in
relation to Section 39, both of Presidential Decree No.
957 (I.S. No. 00-2256). At the same time, San Miguel
Properties sued BF Homes for specific performance in
the HLURB praying to compel BF Homes to release the
TCT in its favor.
ISSUE:
26
IV.
HELD:
Yes. The essential elements of a prejudicial
question are provided in Section 7, Rule 111 of the Rules
of Court, to wit: (a) the previously instituted civil action
involves an issue similar or intimately related to the
issue raised in the subsequent criminal action, and (b)
the resolution of such issue determines whether or not
the criminal action may proceed.
Action for specific performance, even if
pending in the HLURB, an administrative agency, raises a
prejudicial question BF Homes posture that the
administrative case for specific performance in the
HLURB posed a prejudicial question that must first be
determined before the criminal case for violation of
Section 25 of Presidential Decree No. 957 could be
resolved is correct.
The concept of a prejudicial question involves a
civil action and a criminal case. Yet, contrary to San
Miguel Properties submission that there could be no
prejudicial question to speak of because no civil action
where the prejudicial question arose was pending, the
action for specific performance in the HLURB raises a
prejudicial question that sufficed to suspend the
proceedings determining the charge for the criminal
violation of Section 25 of Presidential Decree No. 957.
This is true simply because the action for specific
performance was an action civil in nature but could not
be instituted elsewhere except in the HLURB, whose
jurisdiction over the action was exclusive and original.
Conformably with the foregoing, the action for
specific performance in the HLURB would determine
whether or not San Miguel Properties was legally
entitled to demand the delivery of the TCT, while the
criminal action would decide whether or not BF Homes
directors and officers were criminally liable for
withholding the TCT. The resolution of the former must
obviously precede that of the latter, for should the
HLURB hold San Miguel Properties to be not entitled to
the delivery of the TCT because Atty. Orendain did not
have the authority to represent BF Homes in the sale due
to his receivership having been terminated by the SEC,
the basis for the criminal liability for the violation of
Section 25 of Presidential Decree No. 957 would
evaporate, thereby negating the need to proceed with the
criminal case.
36.
FACTS:
Petitioner, Hashim, was arrested without warrant for the
possession of counterfeit treasury certificates of the
Commonwealth of the Philippines. He was released on
the same day upon filing a bond. The following day, a
complaint was filed against him with the Office of the City
Fiscal, and after the corresponding investigation
conducted by the respondent Fiscal an information was
lodged against him. A warrant of arrest was issued, and
he was later admitted to bail. Before arraignment, his
counsel filed motions asking the Fiscal to furnish the
clerk of court with the testimony of the witnesses who
testified at the PI. The Fiscal opposed the motion on the
ground that the provisions of the Rules of Court on
"Preliminary Investigation" do not apply to PIs
conducted by the Fiscal for the City of Manila. CFI Manila
Judge Boncan dismissed the motion. By another motion,
petitioner asked the warrant be cancelled and insisted
that the court conduct the PI referred to in Sec 1, Rule
108 of the Rules of Court. The respondent Fiscal filed an
objection on the ground, among others, that there was no
necessity for the court to conduct a PI in this case
because the substitute therefor had already been
performed by the Fiscal. Judge Boncan again dismissed
the motion.
ISSUE: Whether, in a preliminary investigation
conducted by the fiscal for the City of Manila, the accused
is entitled to be informed of the substance of the
testimony and of the evidence presented against him as
marked in Section 13 of Rule 108.
RULING:
No. This examination corresponds to the preliminary
investigation conducted by a justice of the peace or
municipal judge after the arrest of the defendant in
27
37.
PRINCIPLE:
FACTS:
The Comelec issued Resolution No. 9266 approving the
creation of a joint committee with the Department of
Justice (DOJ), which shall conduct preliminary
investigation on the alleged election offenses and
anomalies committed during the 2004 and 2007
elections.
The Comelec and the DOJ issued Joint Order No. 0012011 creating and constituting a Joint Committee and
Fact-Finding Team on the 2004 and 2007 National
Elections electoral fraud and manipulation cases
composed of officials from the DOJ and the Comelec. In
its initial report, the Fact-Finding Team concluded that
manipulation of the results in the May 14, 2007
senatorial elections in the provinces of North and South
Cotabato and Maguindanao were indeed perpetrated.
The Fact-Finding Team recommended that herein
petitioners Gloria Macapagal-Arroyo (GMA), et al. to be
subjected to preliminary investigation for electoral
sabotage.
After the preliminary investigation, the COMELEC en
banc adopted a resolution ordering that information/s
for the crime of electoral sabotage be filed against GMA,
et al. while that the charges against Jose Miguel Arroyo,
among others, should be dismissed for insufficiency of
evidence.Thereafter, petitioners filed before the Court
separate Petitions for Certiorari and Prohibition with
Prayer for the Issuance of a Temporary Restraining
Order (TRO) and/or Writ of Preliminary Injunction
assailing the creation of the Joint Panel.
28
RULING:
1.
While recognizing the Comelecs exclusive
power to investigate and prosecute cases under Batas
Pambansa Bilang 881 or the Omnibus Election Code, the
Court pointed out that the framers of the 1987
Constitution did not have such intention. This exclusivity
is thus a legislative enactment that can very well be
amended by Section 43 of RA 9369. Therefore, under the
present law, the Comelec and other prosecuting arms of
the government, such as the DOJ, now exercise
concurrent jurisdiction in the investigation and
prosecution of election offenses.
To be sure, the creation of a Joint Committee is
not repugnant to the concept of "concurrent jurisdiction"
authorized by the amendatory law. As we explained in
our September 18, 2012 Decision:
x x x The doctrine of concurrent jurisdiction means equal
jurisdiction to deal with the same subject matter.
Contrary to the contention of the petitioners, there is no
prohibition on simultaneous exercise of power between
two coordinate bodies. What is prohibited is the
situation where one files a complaint against a
respondent initially with one office (such as the Comelec)
for preliminary investigation which was immediately
acted upon by said office and the re-filing of substantially
the same complaint with another office (such as the DOJ).
The subsequent assumption of jurisdiction by the second
office over the cases filed will not be allowed. Indeed, it
is a settled rule that the body or agency that first takes
cognizance of the complaint shall exercise jurisdiction to
the exclusion of the others.xxx
Notwithstanding the grant of concurrent
jurisdiction, the Comelec and the DOJ nevertheless
included a provision in the assailed Joint Order whereby
the resolutions of the Joint Committee finding probable
cause for election offenses shall still be approved by the
Comelec in accordance with the Comelec Rules of
Procedure.45 With more reason, therefore, that we
cannot consider the creation of the Joint Committee as an
abdication of the Comelecs independence enshrined in
the 1987 Constitution.
QUANTUM LEAP (USJ-R SCHOOL OF LAW (BATCH 2017)
A LEAP TO SUCCEED.
2.
The procedure in conducting the preliminary
investigation is governed by Rule 112 of the Revised
Rules on Criminal Procedure and Rule 34 of the Comelec
Rules of Procedure. Under both Rules,46 the respondent
shall submit his counter-affidavit and that of his
witnesses and other supporting documents relied upon
for his defense, within ten (10) days from receipt of the
subpoena, with the complaint and supporting affidavits
and documents.47 Also in both Rules, respondent is given
the right to examine evidence, but such right of
examination is limited only to the documents or evidence
submitted by complainants which she may not have been
furnished and to copy them at her expense.
As to GMAs right violated when her motion for
extension of time within which to submit her counteraffidavit and countervailing evidence was consequently
denied. The Rules use the term "shall" in requiring the
respondent to submit counter-affidavit and other
countervailing evidence within ten (10) days from
receipt of the subpoena. It is settled that the use of the
word "shall" which is a word of command, underscores
the mandatory character of the rule.50 As in any other
rule, though, liberality in the application may be allowed
provided that the party is able to present a compelling
justification for the non-observance of the mandatory
rules. In the 2008 Revised Manual for Prosecutors,
investigating prosecutors allow or grant motions or
requests for extension of time to submit counteraffidavits when the interest of justice demands that
respondent be given reasonable time or sufficient
opportunity to engage the services of counsel; examine
voluminous records submitted in support of the
complaint or undertake research on novel, complicated
or technical questions or issues of law and facts of the
case. PETITION DENIED.
38.
PRINCIPLE:
29
FACTS:
ISSUE:
30
39.
PRINCIPLE:
FACTS:
The complainant, Antonio de los Reyes, originally filed
what he termed "a report" with the Legal Panel of the
Presidential Security Command (PSC) on October 1974,
containing charges of alleged violations of Rep. Act No.
3019 against then Secretary of Public Information
Francisco S. Tatad. The "report" was made to "sleep" in
the office of the PSC until the end of 1979 when it became
widely known that Secretary (then Minister) Tatad had a
falling out with President Marcos and had resigned from
the Cabinet. On December 12, 1979, the 1974 complaint
was resurrected in the form of a formal complaint filed
with the Tanodbayan. The Tanodbayan acted on the
complaint on April 1, 1980-which was around two
months after petitioner Tatad's resignation was accepted
by Pres. Marcos by referring the complaint to the CIS,
Presidential Security Command, for investigation and
report. On June 16, 1980, the CIS report was submitted to
the Tanodbayan, recommending the filing of charges for
graft and corrupt practices against former Minister Tatad
and Antonio L. Cantero. By October 25, 1982, all
affidavits and counter-affidavits were in the case was
31
40.
41.
RULING:
42.
43.
44.
45.
COSCOLUELA VS SANDIGANBAYAN
(G.R. 191411)
WINSTON GARCIA CASE (no
citation)
PEREZ VS HAGONOY BANK
(3/29/2001)
SANTOS VS GO (10/19/2005)
VILLANUEVA VS OPLE (475 SCRA
531)
PRINCIPLE:
FACTS:
Assistant Fiscal Proceso K. de Gala with the approval of
the Provincial Fiscal filed an information for estafa
against Mario Fl. Crespo When the case was set for
arraigment the accused filed a motion to defer
arraignment on the ground that there was a pending
petition for review filed with the Secretary of Justice of
the resolution of the Office of the Provincial Fiscal for the
filing of the information. the presiding judge, Leodegario
L. Mogul, denied the motion. 2 A motion for
reconsideration of the order was denied.
A petition for certiorari and prohibition with prayer for
a preliminary writ of injunction was filed by the accused
in the Court of Appeals 4 In an order of August 17, 1977
the Court of Appeals restrained Judge Mogul from
32
46.
PRINCIPLE:
The Facts
33
47.
48.
SOLIVEN VS MAKASIAR
(11/14/1988)
Our Ruling
NO.
Principal issues:
34
49.
Principle:
Facts:
50.
Principle:
When the preliminary investigation was conducted by
the prosecutor, the judge has three options after the
filing of the information and upon evaluation of the
prosecutors resolution and its supporting evidence.
He/she may (a) dismiss the case, (b) issue a warrant of
arrest or a commitment order, as the case may be, against
the accused, or (c) require the prosecution to submit
additional evidence to support the existence of probable
cause.
Facts:
By letter of March 7, 20051 addressed to the Court
Administrator which was received by the Office of the
Court Administrator (OCA) on March 14, 2005, Sandra
Mino (complainant) charged Judge Donato Sotero A.
Navarro (respondent), Presiding Judge of Branch 6 of the
Municipal Trial Court in Cities in Cebu City, with gross
inexcusable negligence arising from his failure to issue a
warrant of arrest, within the period prescribed by the
Rules of Court, in Criminal Case No. 124511-R, People of
the Philippines v. Allan Arcilla, for Attempted Homicide.
It appears that the above-said criminal case was raffled
to the sala of respondent on October 21, 2003. Despite
repeated requests for the issuance of a warrant for the
arrest of the accused, respondent did not grant the same.
After ninety seven (97) days from the raffling of the case
to his sala or on February 5, 2004, respondent issued an
Order2 declaring that on the basis of the affidavits of the
offended party and his witness, "the accused may
actually be charged only with Grave Threats, as there is
no probable cause to believe that the accused had acted
with intent to kill, not having persisted in his threat
against the offended party."
51.
36