Professional Documents
Culture Documents
Page 1 of 13
st
1 Sem 2015- Criminal Procedure Full text Cases
Page 2 of 13
st
1 Sem 2015- Criminal Procedure Full text Cases
June 1970 fi led in the Court of First Instance of Vigan, Ilocos Sur, two
i nformations (Criminal Cases 47-V for a rson with homi ci de a nd 48-V
for a rs on) charging that the seventeen priva te res pondents herei n,
together wi th 82 other uni denti fi ed pers ons , "confedera ti ng,
cons piring, confabulating a nd hel pi ng one a nother, di d then a nd
there willfully, unlawfully a nd feloniously burn or ca use to be burned
s everal residential houses, knowing the said houses to be occupi ed"
a nd belonging to certain persons named in the filed informa ti ons i n
ba rri os Ora Este a nd Ora Centro, Bantay, Ilocos Sur (Petition, Annexes
B a nd B-1). Accused Ca milo Pilotin and Vincent Cri s ol ogo furni s hed
ba i l, and on 15 June 1970 vol untarily a ppea red before res pondent
Judge Gutierrez, were arraigned and pl ea ded not gui l ty. Tri a l wa s
then s et for 27, 28 a nd 29 Jul y 1970.
It a ppears that on the s a me da y, 15 June, the Secreta ry of Jus ti ce
i s sued Administrative Order No. 221, a uthorizing Judge Li no Anover,
of the Ci rcui t Cri mi na l Court of the Second Judi ci a l Di s tri ct, wi th
offi cial station a t San Fernando, La Union, to hol d a s peci a l term i n
Il ocos Sur, from a nd after 1 July 1970. Three da ys therea fter, on 18
June 1970, the Secretary further i ssued Administrative Order No. 226,
a uthorizing Judge Ma rio Gutierrez to tra nsfer Cri minal Ca ses Nos. 47V a nd 48-V to the Ci rcuit Cri minal Court, "in the i nterest of justice and
purs uant to Republic Act No. 5179, a s i mplemented by Administrative
Order Nos . 258 a nd 274" of the Depa rtment of Jus ti ce.
On 22 June 1970, the prosecution moved the respondent judge for a
tra ns fer of ca ses 47-V a nd 48-V to the Ci rcuit Cri minal Court, i nvoking
the Admi nistrative Orders just mentioned a nd ca lling a ttention to the
ci rcums tance that they were issued at the i nstance of the wi tnes s es
s eeking transfer of the hearing from Vigan to either San Fernando, La
Uni on, or Ba guio Ci ty, for reasons of s ecurity a nd personal s a fety, a s
s hown i n thei r a ffi da vi ts . The a ccus ed vi gorous l y oppos ed s uch
tra ns fer, and on 20 Jul y 1970, the res pondent judge decl i ned the
tra ns fer sought, on the ground tha t Admi ni s tra ti ve Order No. 258
onl y provi ded for tra nsfer of cases to the Ci rcuit Cri minal Court where
the i nterest of justice required it for the more expeditious disposal of
the ca s es, a nd i n the cases involved the accused had already pl eaded;
tha t i f the objective of the proposed tra ns fer wa s to s ubs equentl y
obta in a change of venue from the Supreme Court under Section 4 of
Republic Act No. 5179 the s ame s hould have been done ri ght a t the
very i ncepti on of thes e ca s es .
In vi ew of the lower court's denial of the motion to tra nsfer the cases
to the Ci rcui t Cri minal Court, the prosecution resorted to Us for wri ts
of certi orari and mandamus, charging a buse of discretion and praying
thi s Court to set a s i de the order of deni a l of the tra ns fer a nd to
compel the respondent Court of First Instance to remand the cases to
the Ci rcuit Cri minal Court of the Second Judicial District, a s well a s to
a uthorize the l atter to try the ca s es (47-V a nd 48-V) a t ei ther Sa n
Ferna ndo, La Uni on, or Ba gui o Ci ty.
Res pondents i n their a nswer denied any a buse of dis creti on i n vi ew
of the fa ct that the Administrative Order No. 226 merel y a uthori zed
the court below, but did not require or comma nd i t, to tra ns fer the
ca s es i n question to the Ci rcuit Cri minal Court, and l i kewi s e deni ed
tha t the ci rcums ta nces jus ti fi ed a ny s uch tra ns fer.
At peti tioners' request thi s Court enjoi ned the res pondent Judge
Guti errez from proceeding with the tri a l of the ca s es unti l further
orders .
We a gree with respondents that the present laws do not confer upon
the Secretary of Justice power to determine what court s houl d hea r
s pecific ca ses. Any s uch power, even i n the gui s e of a dmi ni s tra ti ve
regul ation of executi ve a ffa i rs , trenches upon the ti me -honored
s eparation of the Executive a nd the Judiciary; a nd whil e not di rectl y
depri ving the courts of their i ndependence, i t woul d enda nger the
ri ghts and immunities of the accused or ci vil party. It coul d be much
too ea sily tra nsformed i nto a means of predetermining the outcome
of i ndividual cases, so as to produce a res ul t i n ha rmony wi th the
Admi nistration's preferences. The creation by Republ i c Act No. 5179
of the Ci rcui t Cri mi na l Courts for the purpos e of a l l evi a ti ng the
burden of the regular Courts of First Instance, and to a ccel era te the
di s position of cri minal cases pending or to be filed therein, nowhere
i ndicates an i ntent to permit the tra nsfer of pres el ected i ndi vi dua l
ca s es to the ci rcuit courts. Neither do Administrative Orders Nos. 258
a nd 274 evi dence a ny s uch i ntenti on; pa rti cul a rl y s i nce
Admi nistrative Order No. 258, Series of 1968, i n Secti on 2 of i ts Pa rt
Page 3 of 13
st
1 Sem 2015- Criminal Procedure Full text Cases
It i s well to note that this Court has explained i n Beltran vs. Ramos, 96
Phi l . 149, 150, tha t the purpos e of the rul e i nvoked by a ccus ed
res pondents herein was "not to compel the defenda nt to move to
a nd a ppear i n a different court from that of the provi nce where the
cri me was committed, as it would ca use him great inconveni ence i n
l ooking for his wi tnes s es a nd other evi dence i n a nother pl a ce."
Where the convenience of the a ccus ed i s oppos ed by tha t of the
pros ecution, a s i n the ca s e a t ba r, i t i s but l ogi ca l tha t the court
s hould have power to decide where the bal a nce of conveni ence or
i nconvenience lies, a nd to determine the most suitabl e pl a ce of the
tri a l a ccordi ng to the exi genci es of truth a nd i mpa rti a l ju s ti ce.
Page 4 of 13
st
1 Sem 2015- Criminal Procedure Full text Cases
The venue was later tra nsferred to Ma nila. On 22 Apri l 1999, the RTC
of Ma ni la convicted a ll of the accused a nd s entenced them to two
counts of reclusion perpetua except SPO2 Ma deral who was yet to be
a rra i gned at that ti me, being at l arge. The ca se was a ppeal ed to thi s
Court on a utomatic review where we, on 9 October 2001, a cqui tted
the a ccus ed therei n on the ground of rea s ona bl e doubt.
The fa cts of the case being undisputed, petitioners bring forth to thi s
Court the fol l owi ng a s s i gnments of error:
FIRST ASSIGNMENT OF ERROR
Page 6 of 13
st
1 Sem 2015- Criminal Procedure Full text Cases
Page 7 of 13
st
1 Sem 2015- Criminal Procedure Full text Cases
In thi s case, the nullity of the order of Judge Tumaliuan, for the arrest
of the petitioners is a pparent from the face of the order i tself, whi ch
cl ea rly s tated that the determination of probable cause was based on
the certi fication, under oa th, of the fi s ca l a nd not on a s epa ra te
determination personal l y ma de by the Judge. No pres umpti on of
regul a ri ty coul d be dra wn from the order s i nce i t expres s l y a nd
cl ea rly s howed that it was based only on the fi s ca l s certi fi ca ti on. 28
Page 8 of 13
st
1 Sem 2015- Criminal Procedure Full text Cases
Page 9 of 13
st
1 Sem 2015- Criminal Procedure Full text Cases
Page 11 of 13
st
1 Sem 2015- Criminal Procedure Full text Cases
The Court of Appeals upheld the Secretary of Justices ruling that prior
a pprova l by the Offi ce of the Ombuds ma n for the Mi l i ta ry wa s
needed for the filing of the Information before the RTC, purs ua nt to
OMB-DOJ Joi nt Circular No. 95-001.[17] The Court of Appea l s further
s us tained the finding that there were s uffi ci ent evi dence tha t the
offense charged against a ccused was committed i n rel a ti on to thei r
offi ce a nd that the a ccused were all acting in the di s cha rge of thei r
functi ons a s pol i cemen.
The Issues
4.
Whether there was probable ca use aga i ns t the
a ccus ed for the cri me of ki dna ppi ng for ra ns om.
Page 12 of 13
st
1 Sem 2015- Criminal Procedure Full text Cases
There is no clear s howing that the present case falls under any of the
recogni zed excepti ons . Moreover, a s s ta ted ea rl i er, once the
information is filed with the trial court, a ny di s pos i ti on of the
i nformation rests on the sound discretion of the court. The trial court
i s ma ndated to i ndependently evaluate or a s s es s the exi s tence of
proba bl e ca us e a nd i t ma y ei ther a gree or di s a gree wi th the
recommendation of the Secreta ry of Jus ti ce. The tri a l court i s not
bound to adopt the resolution of the Secretary of Justice. [34] Reliance
a l one on the resolution of the Secreta ry of Jus ti ce a mounts to a n
a bdication of the tri al courts duty a nd jurisdiction to determi ne the
exi s tence of proba bl e ca us e. [35]
Cons idering that the Information has already been filed with the tria l
court, then the tri al court, upon filing of the a ppropri a te moti on by
the pros ecutor, s hould be given the opportunity to perform i ts duty
of eva l uating, i ndependently of the Res ol uti on of the Secreta ry of
Jus ti ce recommending the withdrawal of the Information against the
a ccus ed, the merits of the case a nd assess whether proba bl e ca us e
exi s ts to hold the a ccus ed for tri a l for ki dna ppi ng for ra ns om. [36]
WHEREFORE, we REMAND thi s ca s e to the Regi ona l Tri a l
Court, Bra nch 41, Ma nila, to i ndependently eva l ua te or a s s es s the
meri ts of the case to determine whetherprobable ca use exists to hold
the a ccus ed for tri a l .
SO ORDERED.
Page 13 of 13
st
1 Sem 2015- Criminal Procedure Full text Cases