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160864, November 16, 2016 - PEOPLE OF THE PHILIPP…REME COURT JURISPRUDENCE - CHANROBLES VIRTUAL LAW LIBRARY 23/10/2018, 7*31 PM
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Philippine Supreme Court Jurisprudence > Year 2016 > November 2016 Decisions > G.R. No. 160864, November
16, 2016 - PEOPLE OF THE PHILIPPINES, Petitioner, v. EDUARDO M. COJUANGCO, JR., Respondent.; G.R. No.
160897 - REPUBLIC OF THE PHILIPPINES, Petitioner, v. EDUARDO M. COJUANGCO, JR., Respondent.:
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G.R. No. 160864, November 16, 2016 - PEOPLE OF THE PHILIPPINES, Petitioner, v. EDUARDO M.
COJUANGCO, JR., Respondent.; G.R. No. 160897 - REPUBLIC OF THE PHILIPPINES, Petitioner, v.
EDUARDO M. COJUANGCO, JR., Respondent.
ChanRobles On-Line Bar Review
FIRST DIVISION
DECISION
SERENO, C.J.:
That on or about and during the period from 1973 to 1985, both dates inclusive, in Metro
Manila, Philippines, and within the jurisdiction of this Honorable Court, the said accused, in
his capacity as a private individual and being then a close associate of former President
Ferdinand E. Marcos, did then and there willfully and unlawfully acted [sic] as nominee
and/or dummy of the latter in acquiring shares of stock in the Bulletin Today Publishing
Company and Liwayway Publishing Inc., both private corporations, thereby inducing and/or
causing then President Ferdinand E. Marcos to directly or indirectly, participate in the
management and control of and/or have pecuniary or financial interest in the said
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corporations.
CONTRARY TO LAW.6
An ex parte motion for the issuance of a warrant of arrest was thereafter filed by the PCGG with the
Sandiganbayan. On 19 January 1990, the Sandiganbayan denied the motion, based on a finding that the
PCGG 's preliminary investigation had established no probable cause against respondent.7 The
Sandiganbayan also ordered the PCGG to "undertake whatever steps it may deem necessary to sustain
the Information" filed against respondent.
The PCGG assailed the Sandiganbayan Resolution before this Court through a Petition for Certiorari
docketed as G.R. No. 91741.8 In a Resolution dated 29 March 1990, the Court found no grave abuse of
discretion on the part of the Sandiganbayan in not issuing a warrant for respondent's arrest.9 The
Petition was consequently dismissed,10 but the PCGG was given 60 days within which to "conduct further
proceedings, if it so minded."11
The PCGG, through its Security and Investigation Department, proceeded to gather additional evidence
ChanRobles Intellectual Property against respondent.12 On the basis of the new evidence it obtained, the PCGG filed a Manifestation with
Ex Parte Motion to Admit the Amended Information requesting the Sandiganbayan to allow the
Division amendment of the Information to conform to the evidence.13 The original Information was amended to
read as follows:
chanRoblesvirtualLawlibrary
That on or about and during the period from 1973 to 1985, both dates inclusive, in Metro
Manila, Phillippines [sic], and within the jurisdiction of this Honorable Court, then former
President Ferdinand E. Marcos (Deceased) unlawfully acquired shares of stock in the
Bulletin Publishing Corporation, a private corporation, representing about fifty-four (54%)
percent of its equity, which shares of stock were originally apportioned and issued in the
names of his close associates, namely, Cesar Zalamea, Jose Y. Campos and Ramon
Cojuangco (Deceased), all of whom unlawfully and willfully [sic] acted as his nominees
and/or dummies in the said corporation, and thereafter, then former President Marcos,
with the active participation and/or indispensable cooperation of Ramon Cojuangco, and in
conspiracy with accused Eduardo Cojuangco, Jr. cancelled or caused to be cancelled the
shares of stock assigned and issued to said Ramon Cojuangco and transferred or caused to
be transferred the same shares of stock in favor of the said accused Eduardo Cojuangco,
Jr., who in his capacity as private individual, conspiring and confederating with Cesar
Zalamea and Jose Y. Campos, and acting in substitution of Ramon Cojuangco as an
original/initial nominee and/or dummy, did then and there, willfully and unlawfully act and
continue to act as nominee and/or dummy of the said former President in the said
corporation, thereby knowingly causing former President Marcos to maintain his beneficial
ownership of the controlling interest in, and to directly or indirectly participate in the
management and control of the said corporation in which the latter was prohibited by the
constitution and the law from having any financial or pecuniary interest.
CONTRARY TO LAW.14
On 8 June 1990, the Sandiganbayan issued a Resolution15 admitting the Amended Information and
directing the issuance of a warrant for the arrest of respondent.16
On 20 June 1990, respondent filed a Motion to Order the Dismissal of the Information in 'People v.
Eduardo Cojuangco' Criminal Case No. 14161 (Sandiganbayan) and to Annul the Warrant of Arrest issued
in G.R. No. 91741.17 This motion to dismiss was treated by the Court as a Petition for Certiorari under
Rule 65 of the Rules of Court and was accordingly docketed as G.R. No. 93884.18
In a Resolution dated19 June 2001,19 the Court found no grave abuse of discretion on the part of
Sandiganbayan in issuing a warrant of arrest against respondent. The Court declined to interfere with the
finding of probable cause by the Sandiganbayan considering that the matter was addressed to the latter's
November-2016 Jurisprudence sound discretion.20 Instead, it directed the Sandiganbayan "to resume the proceedings in Criminal Case
No. 14161 and dispose of the same with deliberate dispatch."21
In compliance with this Court's ruling, the Sandiganbayan issued a Resolution22 setting the arraignment
A.C. No. 7387, November 07, 2016 - MANUEL
ENRIQUE L. ZALAMEA, AND MANUEL JOSE L. of respondent and the pre-trial of the case on 18 and 19 September 2002, respectively.23 However, the
ZALAMEA, Petitioners, v. ATTY. RODOLFO P. DE scheduled arraignment of the case did not push through. Instead, on 18 September 2002, the
GUZMAN, JR. AND PERLAS DE GUZMAN, ANTONIO, prosecution was directed to submit a Memorandum in support of its position that the Sandiganbayan had
VENTURANZA, QUIZON-VENTURANZA, AND HERROSA jurisdiction over respondent.24 The arraignment and pre-trial of respondent were rescheduled for 7
LAW FIRM, Respondents. November 2002.
G.R. No. 204419, November 07, 2016 - PEOPLE OF The PCGG filed the required Memorandum on 1 October 2002.25 Citing Executive Order No. 14 (E.O. 14),
THE PHILIPPINES, Petitioner, v. HON. EDMAR P.
as amended, it argued that it was mandated to tile all cases involving the ill-gotten wealth of former
CASTILLO, SR., AS PRESIDING JUDGE OF BRANCH 6,
REGIONAL TRIAL COURT, APARRI, CAGAYAN AND
President Ferdinand E. Marcos and his family before the Sandiganbayan, which shall exercise exclusive
JEOFREY JIL RABINO Y TALOZA, Respondent. and original jurisdiction over the same.26
G.R. No. 217956, November 16, 2016 - REPUBLIC On 28 October 2002, respondent filed a Reply Memorandum addressing the arguments raised by the
OF THE PHILIPPINES, REPRESENTED BY MACTAN- PCGG. In particular, he assailed the preliminary investigation it had conducted and the Information filed
CEBU INTERNATIONAL AIRPORT AUTHORITY against him on the basis of this Court's pronouncements in Cojuangco v. Presidential Commission on
(MCIAA), Petitioner, v. LIMBONHAI AND SONS, Good Governance.27 Respondent argued that the factual circumstances leading to the Court's Decision in
Respondent.
Cojuangco were likewise present herein.
G.R. No. 212008, November 16, 2016 - WILLIAM
ENRIQUEZ AND NELIA-VELA ENRIQUEZ, Petitioners, On 24 April 2003, the Sandiganbayan issued a Resolution that declared null and void the preliminary
v. ISAROG LINE TRANSPORT, INC. AND VICTOR investigation conducted by the PCGG and the Information filed pursuant thereto. The Sandiganbayan
SEDENIO, Respondent. found the investigation arbitrary and unjust, because the entity that had gathered the evidence to
support the Information filed against respondent - the PCGG - was also the entity that had conducted the
A.C. No. 11059, November 09, 2016 - JOSE preliminary investigation of his case. Accordingly, the Sandiganbayan ruled that the circumstances fell
ANTONIO F. BALINGIT, Complainant, v. ATTY. squarely within the ruling in Cojuangco: chanRoblesvirtualLawlibrary
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G.R. No. 160864, November 16, 2016 - PEOPLE OF THE PHILIPP…REME COURT JURISPRUDENCE - CHANROBLES VIRTUAL LAW LIBRARY 23/10/2018, 7*31 PM
OUR RULING
G.R. No. 209303, November 14, 2016 - NATIONAL
POWER CORPORATION, Petitioner, v. THE
PROVINCIAL TREASURER OF BENGUET, THE We DENY the Petitions. We find no error in the assailed Sandiganbayan Resolutions.
PROVINCIAL ASSESSOR OF BENGUET, THE
MUNICIPAL TREASURER OF ITOGON, BENGUET AND The Sandiganbayan correctly dismissed the Information filed against respondent, pursuant to
THE MUNICIPAL ASSESSOR OF ITOGON, BENGUET, this Court's ruling m Cojuangco v. PCGG.
Respondent.
ln Cojuangco, this Court declared the preliminary investigation conducted by the PCGG in Criminal Cases
G.R. Nos. 209415-17, November 15, 2016 - No. 14398 and 14399 null and void on due process grounds. It was noted that prior to the conduct of the
JOCELYN "JOY" LIM-BUNGCARAS, Petitioner, v. preliminary investigation, the PCGG had gathered evidence against respondent, issued a sequestration
COMMISSION ON ELECTIONS (COMELEC) AND RICO order against him, and filed a civil case for recovery of ill-gotten wealth based on the same facts involved
RENTUZA, Respondents.; HERMENEGILDO S. CASTIL, in the criminal cases. Based on those circumstances, the Court found that the PCGG could not have
Petitioner, v. COMMISSION ON ELECTIONS possibly acted with the "cold neutrality of an impartial judge" during the preliminary investigation
(COMELEC) AND RACHEL B. AVENDULA,
proceedings, since the latter had already formed conclusions on the matter. The Court stated in
Respondents.; JESUS AVENDULA, JR., DOMINGO
RAMADA, JR. AND VICTOR RAMADA, Petitioners, v. Cojuangco: chanRoblesvirtualLawlibrary
G.R. No. 208350, November 14, 2016 - REPUBLIC WHEREFORE, the petitions of Eduardo M. Cojuangco, Jr. and intervenors Maria Clara
OF THE PHILIPPINES, Petitioner, v. HEIRS OF Lobregat, and Jose Eleazar, Jr. are hereby GRANTED. The PCGG is directed to transmit the
SPOUSES TOMASA ESTACIO AND EULALIO OCOL, complaints and records thereof under I.S. Nos. 74, 75, 79, 80, 81, 82, 83 and 84 to the
Respondents. Ombudsman for appropriate action. All proceedings of the preliminary investigation
conducted by the PCGG of said complaints are hereby declared null and void including the
G.R. No. 188751, November 16, 2016 - BONIFACIO informations which it filed in the Sandiganbayan against petitioner and intervenors
NIEVA Y MONTERO, Petitioner, v. PEOPLE OF THE docketed as Criminal Cases Nos. 14398 and 14399. The status quo order which this Court
PHILIPPINES, Respondent. issued on March 12, 1990 is hereby made permanent and the PCGG is permanently
prohibited from further conducting the preliminary investigation of the aforestated
G.R. No. 225973, November 08, 2016 - SATURNINO
C. OCAMPO, TRINIDAD H. REPUNO, BIENVENIDO complaints. The Court makes no pronouncement as to costs.32
LUMBERA, BONIFACIO P. ILAGAN, NERI JAVIER
COLMENARES, MARIA CAROLINA P. ARAULLO, M.D.,
The same factual circumstances obtain in this case.
SAMAHAN NG EXDETAINEES LABAN SA DETENSYON
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AT ARESTO (SELDA), REPRESENTED BY DIONITO As discussed earlier, the PCGG filed an Information against respondent for violation of R.A. 3019. The
CABILLAS, CARMENCITA M. FLORENTINO, RODOLFO Information alleged that he had illegally acted as a nominee/dummy of former President Ferdinand E.
DEL ROSARIO, FELIX C. DALISAY, AND DANILO M. Marcos in acquiring shares of stock in the Bulletin Today Publishing Company and Liwayway Publishing,
DELAFUENTE,* Petitioners, v. REAR ADMIRAL
Inc.33 The PCGG found probable cause to file the Information after conducting a preliminary investigation
ERNESTO C. ENRIQUEZ (IN HIS CAPACITY AS THE
DEPUTY CHIEF OF STAFF FOR RESERVIST AND of the charges filed against respondent.34
RETIREE AFFAIRS, ARMED FORCES OF THE
PHILIPPINES), THE GRAVE SERVICES UNIT Earlier, or on 20 July 1987, the PCGG had filed a complaint35 for reconveyance, reversion, accounting,
(PHILIPPINE ARMY), AND GENERAL RICARDO R. restitution and damages against respondent and several other persons before the Sandiganbayan.
VISAYA (IN HIS CAPACITY AS THE CHIEF OF STAFF, Entitled Republic of the Philippines v. Eduardo M Cojuangco, Jr., et al., and docketed as Civil Case PCG
ARMED FORCES OF THE PHILIPPINES), DEFENSE No. 0022, the complaint made the following allegations:
SECRETARY DELFIN LORENZANA, AND HEIRS OF
chanRoblesvirtualLawlibrary
FERDINAND E. MARCOS, REPRESENTED BY HIS 1. This is a civil action against Defendants Emilio T. Yap, Manuel G. Montecillo, Eduardo
SURVIVING SPOUSE IMELDA ROMUALDEZ MARCOS, Cojuancgo, Jr., Cesar C. Zalamea, Ferdinand E. Marcos and Imelda R. Marcos to recover
Respondents.; RENE A.V. SAGUISAG, SR., RENE A.Q.
from them ill-gotten wealth consisting of funds and other property which they, in unlawful
SAGUISAG, JR., RENE A.C. SAGUISAG III,
Intervenors.; G.R. No. 225984 - REP. EDCEL C.
concert with one another had acquired and accumulated in flagrant breach of trust and of
LAGMAN, IN HIS PERSONAL AND OFFICIAL their fiduciary obligations as public officers, with grave abuse of right and power and in
CAPACITIES AND AS A MEMBER OF CONGRESS AND brazen violation of the Constitution and laws of the Republic of the Philippines, thus
AS THE HONORARY CHAIRPERSON OF THE FAMILIES resulting in their unjust enrichment during Defendant Ferdinand Marcos' 20 years of rule
OF VICTIMS OF INVOLUNTARY DISAPPEARANCE from December 30, 1965 to February 25, 1986, first as President of the Philippines under
(FIND); FAMILIES OF VICTIMS OF INVOLUNTARY the 1935 Constitution and thereafter, as one-man ruler under martial law and Dictator
DISAPPEARANCE (FIND), REPRESENTED BY ITS CO- under the 1973 Marcos-promulgated Constitution.
CHAIRPERSON, NILDA L. SEVILLA; REP. TEDDY
BRAWNER BAGUILAT, JR.; REP. TOMASITO S. xxxx
VILLARIN; REP. EDGAR R. ERICE; AND REP.
EMMANUEL A. BILLONES, Petitioners, v. EXECUTIVE 12. Defendant Cesar C. Zalamea, by himself and/or in unlawful concert and active
SECRETARY SALVADOR C. MEDIALDEA; DEFENSE
collaboration with Defendants Ferdinand E. Marcos and Imelda R. Marcos, among
SECRETARY DELFIN N. LORENZANA; AFP CHIEF OF
STAFF LT. GEN. RICARDO R. VISAYA; AFP DEPUTY
others: chanRoblesvirtualLawlibrary
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G.R. No. 160864, November 16, 2016 - PEOPLE OF THE PHILIPP…REME COURT JURISPRUDENCE - CHANROBLES VIRTUAL LAW LIBRARY 23/10/2018, 7*31 PM
S. ELVAS, Respondent.; G.R. No. 193685 - ROBERT S. complaint, and then conduct a preliminary investigation of the case without contravening the basic tenets
ELVAS, Petitioner, v. INNSBRUCK INTERNATIONAL of due process. The due process violation was compounded by the fact that the PCGG had filed a civil
TRADING AND/OR MARIVIC TOLENTINO (A.K.A. complaint against the same respondent alleging substantially the same illegal or criminal acts:
MARIA VICTORIA TOLENTINO-PRIETO),
chanRoblesvirtualLawlibrary
Respondents. In our criminal justice system, the law enforcer who conducted the criminal
investigation, gathered the evidence and thereafter filed the complaint for the
G.R. No. 222730, November 07, 2016 - BUENAFLOR purpose of preliminary investigation cannot be allowed to conduct the
CAR SERVICES, INC., Petitioner, v. CEZAR
preliminary investigation of his own complaint. It is to say the least arbitrary and
DURUMPILI DAVID, JR., Respondent.
unjust. It is in such instances that We say one cannot be "a prosecutor and judge at the
G.R. No. 190203, November 07, 2016 - same time." Having gathered the evidence and filed the complaint as a law
POWERHOUSE STAFFBUILDERS INTERNATIONAL, enforcer, he cannot be expected to handle with impartiality the preliminary
INC., Petitioner, v. ROMELIA REY, LIZA CABAD, investigation of his own complaint, this time as a public prosecutor. The
EVANGELINE NICMIC, EVA LAMEYRA, ROSARIO circumstances of the instant petition are even worse. To repeat, the PCGG and the Solicitor
ABORDAJE, LILYBETH MAGALANG, VENIA BUYAG, General finding a prima facie basis filed a civil complaint against petitioner and intervenors
JAYNALYN NOLLEDO, IREN NICOLAS, AILEEN alleging substantially the same illegal or criminal acts subject of the subsequent criminal
SAMALEA, SUSAN YBAÑEZ; CHERYL ANN ORIA, MA. complaints the Solicitor General filed with the PCGG for preliminary investigation. While
LIZA SERASPI, KATHERINE ORACION, AND JEJ ostensibly, it is only the Solicitor General who is the complainant in the criminal cases filed
INTERNATIONAL MANPOWER SERVICES with the PCGG, in reality the PCGG is an unidentified co-complainant. Moreover, when the
CORPORATION, Respondents. PCGG issued the sequestration and freeze orders against petitioner's properties, it was on
the basis of a prima facie finding that the same were ill-gotten and/or were acquired in
G.R. No. 223290, November 07, 2016 - WOODROW
B. CAMASO, Petitioner, v. TSM SHIPPING (PHILS), relation to the illegal disposition of coconut levy funds. Thus, the Court finds that the
INC., UTKILEN, AND/OR JONES TULOD, Respondents. PCGG cannot possibly conduct the preliminary investigation of said criminal
complaints with the "cold neutrality of an impartial judge," as it has prejudged
G.R. No. 215047, November 23, 2016 - UNIVERSAL the matter. Add to this the fact that there are many suits filed by petitioner and the
CANNING INC., MS. MA. LOURDES A. LOSARIA, intervenors against the PCGG and vice versa.40 (Emphases supplied)
PERSONNEL OFFICER, AND ENGR. ROGELIO A.
DESOSA, PLANT MANAGER, Petitioners, v. COURT OF Consistent with the above-quoted Decision of this Court in Cojuangco, we find that respondent's right to
APPEALS AND DANTE SAROSAL, FRANCISCO due process was violated in the preliminary investigation proceedings conducted by the PCGG in this
DUMAGAL, JR., NELSON E. FRANCISCO, ELMER C. case. The investigation conducted and the Information filed pursuant thereto must therefore be declared
SAROMINES AND SAMUEL D. CORONEL, Respondents. null and void.
G.R. No. 219430, November 07, 2016 - JINKY S.
The Resolutions of this Court in G.R. Nos. 91741 and 93884 neither affirmed nor recognized
STA. ISABEL, Petitioner, v. PERLA COMPAÑIA* DE
SEGUROS, INC., Respondent. the validity of the preliminary investigation conducted by tile PCGG.
G.R. No. 221897, November 07, 2016 - ISIDRO We likewise find no merit in the argument of petitioners that the previous Resolutions of this Court in
QUEBRAL, ALBERTO ESQUILLO, RENANTE SALINSAN, G.R. Nos. 91741 and 93884 recognized the validity of the PCGG's preliminary investigation. A careful
JEROME MACANDOG, EDGARDO GAYORGOR, JIM reading of the two Resolutions reveals that this Court made no such finding therein.
ROBERT PERFECTO, NOEL PERFECTO, DENNIS
PAGAYON, AND HERCULANO MACANDOG Petitioners, In G.R. No. 91741, this Court declined to interfere with the Sandiganbayan's finding that there was no
v. ANGBUS CONSTRUCTION, INC. AND ANGELO probable cause to hold respondent liable for violation of R.A. 3019. Indeed, the Court affirmed the
BUSTAMANTE, Respondents. Sandiganbayan's Decision to allow the PCGG 60 days within which to conduct further proceedings in
support of the Information.41 This pronouncement, however, does not per se affirm the validity of the
G.R. No. 221465, November 16, 2016 - PEOPLE OF
THE PHILIPPINES, Plaintiff-Appellee, v. RODELIO preliminary investigation conducted by the PCGG. It must be emphasized that the PCGG's participation in
LOPEZ Y CAPULI, Accused-Appellant. the gathering of evidence and the filing of a civil case against respondent, based on the same acts
alleged in the Information had not been brought to the attention of the Court at the time. Furthermore,
G.R. No. 160864, November 16, 2016 - PEOPLE OF the Court's directive to "conduct further proceedings" cannot be considered a license for the PCGG itself
THE PHILIPPINES, Petitioner, v. EDUARDO M. to gather evidence against respondent prior to conducting a reinvestigation of the case.
COJUANGCO, JR., Respondent.; G.R. No. 160897 -
REPUBLIC OF THE PHILIPPINES, Petitioner, v. Similarly, the validity of the preliminary investigation was not discussed in G.R. No. 93884. In that case,
EDUARDO M. COJUANGCO, JR., Respondent. the only issue brought before, and resolved by, the Court was whether the Sandiganbayan had acted with
grave abuse of discretion in finding probable cause against respondent based on the Amended
I.P.I. No. 15-227-CA-J, November 29, 2016 - RE: Information filed by the PCGG. The purported nullity of the Information was raised only in respondent's
VERIFIED COMPLAINT DATED 17 NOVEMBER 2014 OF Motion for Reconsideration. Having been belatedly raised, the Court no longer passed upon this new
DOLORA CADIZ KHANNA AGAINST HON. EDGARDO L.
argument in its Resolution dated 29 January 2002.
DELOS SANTOS, HON. MARILYN B. LAGURA-YAP AND
HON. JHOSEP Y. LOPEZ, ASSOCIATE JUSTICES,
COURT OF APPEALS, JUDGE RONALD H. EXMUNDO, Considering that these two Resolutions are silent on the issue of the validity of the PCGG's preliminary
REGIONAL TRIAL COURT, BRANCH 4, KALIBO, AKLAN, investigation, there is as yet no pronouncement that might be considered the "law of the case" on this
JUDGE FRICIA C. GOMEZ-GUILLEN, BRANCH 15, matter. Accordingly, the Sandiganbayan did not err in making its own determination of this issue.
METROPOLITAN TRIAL COURT, MANILA AND JUAN S.
APOLINAR, SHERIFF III, BRANCH 17, The Sandiganbayan's earlier finding of probable cause and its issuance of a warrant of arrest
METROPOLITAN TRIAL COURT, MANILA. against respondent did not validate the preliminary investigation proceedings conducted by
the PCGG.
G.R. No. 202114, November 09, 2016 - ELMER A.
APINES, Petitioner, v. ELBURG SHIPMANAGEMENT In their respective Petitions, the OSP and the OSG also point out that the Sandiganbayan itself had found
PHILIPPINES, INC., AND/OR DANILO F. VENIDA, probable cause to issue a warrant of arrest against respondent on the basis of the Amended Information
Respondents.
filed by the PCGG. This ruling allegedly validated the preliminary investigation conducted by the PCGG
G.R. No. 181007, November 21, 2016 - and proved that respondent did not suffer a violation of his right to due process.
COMMISSIONER OF CUSTOMS, Petitioner, v. WILLIAM
SINGSON AND TRITON SHIPPING CORPORATION, This contention is unmeritorious. The denial of due process in this case, as well as the resulting nullity of
Respondents. the preliminary investigation proceedings and the Information, cannot be cured by the Sandiganbayan's
earlier finding of probable cause.
G.R. No. 213488, November 07, 2016 - TOYOTA
PASIG, INC., Petitioner, v. VILMA S. DE PERALTA, As a general rule, defects in the preliminary investigation proceedings, or even the absence thereof, will
Respondent. not render an Information null and void.42 An exception to this rule, however, was carved out for cases
G.R. No. 190667, November 07, 2016 - COCA-COLA involving violations of the right to due process.43 In People of the Philippines v. Sierra, Jr., this Court
BOTTLERS PHILIPPINES, INC., Petitioner, v. held:chanRoblesvirtualLawlibrary
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G.R. No. 160864, November 16, 2016 - PEOPLE OF THE PHILIPP…REME COURT JURISPRUDENCE - CHANROBLES VIRTUAL LAW LIBRARY 23/10/2018, 7*31 PM
Respondents. issue, which cannot be glossed over or disregarded at will. Where the denial of the fundamental right of
due process is apparent, a decision rendered in disregard of that right is void for lack of jurisdiction.45
G.R. No. 214772, November 21, 2016 - PEOPLE OF
THE PHILIPPINES, Plaintiff-Appellee, v. ELSON
As a consequence of the nullity of the Information, any action taken by the Sandiganbayan pursuant
SANTUILLE @ "BORDADO" @ ELTON SANTUILLE @
"BORDADO," Accused-Appellant.
thereto, including its initial determination of probable cause against respondent, is void and ineffective. A
ruling on this point cannot validate, much less cure, the fatal defect in the preliminary investigation
G.R. No. 185082, November 28, 2016 - MANDAUE proceedings or in the Information filed by the PCGG.
REALTY & RESOURCES CORPORATION AND MANDAUE
CITY REGISTER OF DEEDS, Petitioners, v. THE COURT Considering the foregoing, and in accordance with the ruling of this Court in Cojuangco, the records of
OF APPEALS AND BANGKO SENTRAL NG PILIPINAS, this case should be forwarded to the Ombudsman, who has primary jurisdiction over cases of this nature,
Respondents. for the conduct of a preliminary investigation and for appropriate action.
G.R. No. 161425, November 23, 2016 - ANIANO One final observation. We are compelled to emphasize the fact that the legal points involved herein were
DESIERTO (SUBSTITUTED BY SIMEON V. MARCELO) already clarified by this Court in 1990 when it decided Cojuangco. We already declared in that case that it
AND MAUCENCIA ORDONEZ, Petitioners, v. RUTH was improper for the PCGG to conduct preliminary investigations and initiate criminal proceedings against
EPISTOLA AND RODOLFO GAMIDO, Respondents.
individuals whose properties were previously sequestered by the PCGG itself for the same acts and
G.R. No. 215759, November 28, 2016 - HEIRS OF
transactions. We made clear that the procedure adopted in Cojuangco could not be countenanced
ANDRES NAYA: TERESITA B. NAYA, NORMA N. because it violated the basic tenets of due process. Not only did the Court expect the PCGG to act in
ORBISO, CARMENCITA N. FERNAN, AND NARCISO P. accordance with this ruling in all future cases, it relied on the institution to rectify all past proceedings
NAYA, Petitioners, v. ORLANDO P. NAYA AND suffering from the same defect by transmitting the records of these cases to the Ombudsman for proper
SPOUSES HONESIMO C. RUIZ AND GLORIA S. RUIZ, action. This would have allowed the criminal actions to proceed with dispatch.
Respondents.
WHEREFORE, the instant Petitions are DENIED. The Resolutions of the Sandiganbayan dated 24 April
G.R. No. 200726, November 09, 2016 - REPUBLIC 2003 and 20 November 2003, which declared the preliminary investigation conducted by the PCGG and
OF THE PHILIPPINES, Petitioner, v. MATEO LAO, the Information filed pursuant thereto in Criminal Case 14161 null and void, are hereby AFFIRMED. The
Respondent. PCGG is directed to immediately transmit the Complaint and the records of the instant case to the
Ombudsman for appropriate action. No pronouncement as to costs.
G.R. No. 188047, November 28, 2016 - LIGHT RAIL
TRANSIT AUTHORITY, Petitioner, v. BIENVENIDO R.
ALVAREZ, CARLOS S. VELASCO, ASCENCION A.
SO ORDERED. ChanRoblesVirtualawlibrary
G.R. No. 215640, November 28, 2016 - NESTOR 2Rollo (G..R. No. 160897), pp. 21-109.
CABRERA, Petitioner, v. ARNEL CLARIN AND WIFE;
MILAGROS BARRIOS AND HUSBAND; AURORA 3Rollo
SERAFIN AND HUSBAND; AND BONIFACIO MORENO (G.R No. 160864), p. 59-67; Criminal Case No. 14161, penned by Associate Justice
AND WIFE, Respondents. Ma. Cristina Cortez-Estrada, and concurred in by Presiding Justice Chairman Minita V.
Chico-Nazario (now a retired member of this Court) and Associate Justice Diosdado M.
G.R. No. 215341, November 28, 2016 - THE PEOPLE Peralta (now a member of this Court.)
OF THE PHILIPPINES, Plaintiff-Appellee, v. MARLON
MANSON Y RESULTAY, Accused-Appellant. 4 Id. at 68-78; Criminal Case No. 14161, penned by Associate Justice Ricardo R. Rosario,
and concurred in by Presiding Justice Chairman Minita Y. Chico-Nazario and Associate
G.R. No. 213453, November 29, 2016 - PHILIPPINE
Justice Diosdado M. Peralta (now a member of this Court.)
HEALTH INSURANCE CORPORATION, Petitioner, v.
COMMISSION ON AUDIT, MA. GRACIA PULIDO TAN,
5 Id. at 79-80.
CHAIRPERSON; AND JANET D. NACION, DIRECTOR
IV, Respondents.
6 Id. at 79.
I.P.I. No. 16-241-CA-J, November 29, 2016 -
CLEMENTE F. ATOC, Complainant, v. EDGARDO A. 7 Id. at 240.
CAMELLO, OSCAR V. BADELLES AND PERPETUA T.
ATAL-PAÑO, ASSOCIATE JUSTICES, COURT OF
8 Id.
APPEALS, CAGAYAN DE ORO CITY. Respondents.
G.R. No. 210316, November 28, 2016 - THE 9Rollo (G.R. No. 160897), pp. 296-299.
SECURITIES AND EXCHANGE COMMISSION (SEC)
CHAIRPERSON TERESITA J. HERBOSA, 10 Id.
COMMISSIONER MA. JUANITA E. CUETO,
COMMISIONER RAUL J. PALABRICA, COMMISSIONER
11 Id. at 299.
MANUEL HUBERTO B. GAITE, COMMISIONER ELADIO
M. JALA, AND THE SEC ENFORCEMENT AND
PROSECUTION DEPARTMENT, Petitioners, v. CJH 12Rollo (G.R. No. 160864), p. 240.
DEVELOPMENT CORPORATION AND CJH SUITES
CORPORATION, HEREIN REPRESENTED BY ITS 13 Id. at 241.
EXECUTIVE VICE-PRESIDENT AND CHIEF OPERATING
OFFICER, ALFREDO R. YÑIGUEZ III, Respondents.
14 Id. at 81-82.
Decisions / Signed Resolutions
15 Id. at 84-90.
G.R. No. 217379, November 23, 2016 - PEOPLE OF
THE PHILIPPINES, Plaintiff-Appellee, v. EDUARDO 16 Id. at 241.
MARMOL Y BAUSO, JR., Accused-Appellant.
17 Id. at 241.
G.R. No. 182201, November 14, 2016 - UNIVERSAL
INTERNATIONAL INVESTMENT (BVI) LIMITED,
Petitioner, v. RAY BURTON DEVELOPMENT 18 Id. at 242.
CORPORATION, Respondent.; G.R. No. 185815,
November 14, 2016 - UNIVERSAL INTERNATIONAL 19 Id. at 239-247.
INVESTMENT (BVI) LIMITED, Petitioner, v. RAY
BURTON DEVELOPMENT CORPORATION, Respondent.
20 Id. at 246.
G.R. No. 210588, November 29, 2016 - SECRETARY
OF FINANCE CESAR B. PURISIMA AND 21 Id. at 247.
COMMISSIONER OF INTERNAL REVENUE KIM S.
JACINTO-HENARES, Petitioners, v. REPRESENTATIVE 22 Id. at 91.
CARMELO F. LAZATIN AND ECOZONE PLASTIC
ENTERPRISES CORPORATION, Respondents.
23 Id. at 30.
G.R. No. 201883, November 16, 2016 - SPOUSES
DESIDERIO AND TERESA DOMINGO, Petitioners, v. 24 Id. at 92.
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