LEJANO V PEOPLE
ABAD, J.:
Brief Background
On June 30, 1991 Estrellita Vizconde and her
daughters Carmela, nineteen years old, and Jennifer,
seven, were brutally slain at their home
in Paraaque City.Following an intense investigation,
the police arrested a group of suspects, some of whom
gave detailed confessions. But the trial court smelled
a frame-up and eventually ordered them
discharged. Thus, the identities of the real perpetrators
remained a mystery especially to the public whose
WITNESS SACAGUING:
A. She told me, easy lang kayo, Sir, if I may quote, easy lang Sir, huwag kayong
COURT:
How was that?
WITNESS SACAGUING:
A. Easy lang, Sir. Sir, relax lang, Sir, papapelan ko, papapelan ko na lang yan.
xxxx
ATTY. ONGKIKO:
Q. All right, and what was your reaction when Ms. Alfaro stated that papapelan ko
na lang yan?
WITNESS SACAGUING:
A. I said, hindi puwede yan, kasi hindi ka naman eye witness.
ATTY. ONGKIKO:
Q. And what was the reply of Ms. Alfaro?
WITNESS SACAGUING:
A. Hindi siya nakakibo, until she went away.
(TSN, May 28, 1996, pp. 49-50, 58, 77-79)
xxxx
A. I was quite interested and I tried to persuade her to introduce to me that man
and she promised that in due time, she will bring to me the man, and
together with her, we will try to convince him to act as a state witness
and help us in the solution of the case.
xxxx
Q. Atty. Sacaguing, were you able to interview this alleged witness?
WITNESS SACAGUING:
A. No, sir.
ATTY. ONGKIKO:
Q. Why not?
WITNESS SACAGUING:
A. Because Jessica Alfaro was never able to comply with her promise to bring the
man to me. She told me later that she could not and the man does not
like to testify.
ATTY. ONGKIKO:
Q. All right, and what happened after that?
deaden the noise. Alfaro could not use this line since
the core of her story was that Webb was Carmelas
boyfriend. Webb had no reason to smash her front
door to get to see her.
Consequently, to explain the smashed door,
Alfaro had to settle for claiming that, on the way out
of the house, Webb picked up some stone and, out of
the blue, hurled it at the glass-paneled front door of
the Vizconde residence. His action really made no
sense. From Alfaros narration, Webb appeared rational
in his decisions.It was past midnight, the house was
dark, and they wanted to get away quickly to avoid
detection. Hurling a stone at that glass door and
causing a tremendous noise was bizarre, like inviting
the neighbors to come.
b. The crime scene showed that the house had
been ransacked. The rejected confessions of the
Barroso akyat-bahay gang members said that they
tried to rob the house. To explain this physical
evidence,
Alfaro
claimed
that
at
one
point Ventura was pulling a kitchen drawer, and at
another point, going through a handbag on the dining
table. He said he was looking for the front-door key
and the car key.
RIGHT TO COUNSEL
PEOPLE V HOLGADO
MORAN, C.J.:
Appellant Frisco Holgado was charged in the court of First
Instance of Romblon with slight illegal detention because
according to the information, being a private person, he did
"feloniously and without justifiable motive, kidnap and detain one
Artemia Fabreag in the house of Antero Holgado for about eight
hours thereby depriving said Artemia Fabreag of her personal
liberty." On may 8, 1948, the day set for the trial, the trial court
proceeded as follows:
Court:
Court:
Sentenced reserved.
Two days later, or on May 10, 1948, the trial court rendered the
following judgment:
Court:
SENTENCE
INFORMATION
Fiscal:
Contrary to law.
I have investigated this case and found out that this Ocampo
has nothing to do with the case and I found no evidence against
this Ocampo.
This case is called for trial on May 8, 1948. Upon arraignment the
accused pleaded guilty to the information above described.
The proceedings in the trial court are irregular from the beginning.
It is expressly provided in our rules of Court, Rule 112, section 3,
that:
If the defendant appears without attorney, he must be informed by
the court that it is his right to have attorney being arraigned., and
must be asked if he desires the aid of attorney, the Court must
assign attorney de oficio to defend him. A reasonable time must
be allowed for procuring attorney.
Under this provision, when a defendant appears without attorney,
the court has four important duties to comply with: 1 It must
inform the defendant that it is his right to have attorney before
being arraigned; 2 After giving him such information the court
must ask him if he desires the aid of an attorney; 3 If he
desires and is unable to employ attorney, the court must assign
attorney de oficio to defend him; and 4 If the accused desires
to procure an attorney of his own the court must grant him a
reasonable time therefor.
Not one of these duties had been complied with by the trial court.
The record discloses that said court did not inform the accused of
his right to have an attorney nor did it ask him if he desired the
aid of one. The trial court failed to inquire whether or not the
accused was to employ an attorney, to grant him reasonable time
to procure or assign an attorney de oficio. The question asked by
the court to the accused was "Do you have an attorney or are you
going to plead guilty?" Not only did such a question fail to inform
the accused that it was his right to have an attorney before
arraignment, but, what is worse, the question was so framed that
it could have been construed by the accused as a suggestion
from the court that he plead guilt if he had no attorney. And this is
a denial of fair hearing in violation of the due process clause
contained in our Constitution.
wrong for the simple reason that a mere statement of the fiscal
was not sufficient to overcome a qualified plea of the accused.
But above all, the court should have seen to it that the accused
be assisted by counsel specially because of the qualified plea
given by him and the seriousness of the offense found to be
capital by the court.
The judgment appealed from is reversed and the case is
remanded to the Court below for a new arraignment and a new
trial after the accused is apprised of his right to have and to be
assisted by counsel. So ordered.
PEOPLE V AGBAYANI
July 1994,
declaration.
this
Court
finds
itself
repeating
this
[2]
[4]
[7]
[9]
[10]
[11]
[12]
[13]
[14]
[15]
[16]
[19]
SO ORDERED.
On 26 May 1995, appellant, through his new
counsel de parte Attorneys Froilan V. Siobal and
Domingo Floresta, filed a Motion for New Trial on the
ground that serious irregularities prejudicial to his
substantial rights were committed during the trial, viz., the
failure of the counsel de oficio to: (a) present at trial the
Barangay Captain of Barangay Obrero, Quezon City, who
would have testified, on basis of his certification attached
to the motion, that there was a house bearing No. 30,
Makabayan St., in his barangay, but that there was no
such place as 30-A Makabayan St. of said barangay,
which was the address given by EDEN; (b) consider the
futility of Adoracion Cruzs testimony; (c) present private
complainants mother and sister Fedelina on sur-rebuttal
to testify as to the circumstances which brought about the
execution of the affidavit of desistance; and (d) cross
examine complainant and the police investigator
exhaustively. He further alleged that his counsel de
oficio was never prepared during all the scheduled
hearings, worse, even waived the presence of appellant
after the third witness for the prosecution was
presented. He also averred that the trial court used
its inherent power of contempt to intimidate private
complainant.
[21]
[27]
[31]
[32]
[33]
The
cases
of
People v. Domenden and
People v. Cachero cited
by
appellant
are
inapplicable. In both casis the trial courts there clearly
failed to inform the accused of their right to counsel nor
appoint de
oficio counsel
during
the
arraignment. Nevertheless, we take this opportunity to
admonish trial courts to ensure that their compliance with
their pre-arraignment duties to inform the accused of his
right to counsel, to ask him if he desires to have one, and
to inform him that, unless he is allowed to defend himself
in person or he has counsel of his choice, a de
oficio counsel will be appointed for him, must appear on
record.
[37]
[38]
[39]
[40]
[42]
[43]
[44]
[45]
ATTY. TEMANIL:
Two justices voted to impose upon the accusedappellant the penalty of reclusion perpetua.
Upon the finality of this Decision, let certified true
copies thereof, as well as the records of this case, be
forwarded without delay to the Office of the President for
possible exercise of executive clemency pursuant to
Article 83 of the Revised Penal Code, as amended by
Section 25 of R.A. No. 7659.
CONDE V RIVERA
People v Seneris
MAKASIAR, J.:
The legal issue posed in this special civil action for certiorari, with
prayer for a writ of preliminary injunction, spawned by the August
4, 1978 order of respondent judge in Criminal Case No. 750 for
parricide against therein accused Pilar Angeles de Pimentel,
hereinafter referred to as private respondent, is the admissibility
in evidence of the testimony of a prosecution witness in the said
criminal case who dies before completion of his crossexamination. That issue is crucial to the fate of private
respondent, considering that the deceased prosecution witness
"... is the most vital and the only eyewitness available to the
WE agree.
I
1. The constitutional right of confrontation, which guarantees to
the accused the right to cross-examine the witnesses for the
prosecution, is one of the most basic rights of an accused person
under our system of justice. It is a fundamental right which is part
of due process not only in criminal proceedings but also in civil
proceedings as well as in proceedings in administrative tribunals
with quasi-judicial powers (Savory Luncheonette vs. Lakas
Manggagawang Pilipino, et al., 62 SCRA 258 [1975]).
In almost exactly the same language, both the 1935 and 1973
Constitutions secured it, thus: "In all criminal prosecutions, the
accused ... shall enjoy the right ... to meet the witnesses face to
face ..." (Section 19, Art. IV, Bill of Rights, 1973 Constitution;
Section 17, Art. III, 1935 Constitution). Echoing the same
guarantee, Section I (f) of Rule 115 of the Revised Rules of Court
provides that in all criminal proceedings the defendant shall have
the right to be confronted at the trial by, and to cross- examine the
witnesses against him. Constitutional confrontation requirements
apply specifically to criminal proceedings and have been held to
have two purposes; first and primarily, to secure the opportunity
of cross-examination, and secondarily, to obtain the benefit of the
moral impact of the courtroom atmosphere as it affects the
witnesses demeanor (21 Am Jur 2d 360). Stated otherwise, it
insures that the witness will give his testimony under oath, thus
deterring lying by the threat of perjury charge; it forces the
witness to submit to cross-examination, a valuable instrument in
exposing falsehood and bringing out the truth; and it enables the
court to observe the demeanor of the witness and assess his
credibility (California v. Green, 339 U.S. 157 [1970]).
the nature of the case a capital one and the length of the
direct examination; three sittings on three different dates or on
February 28, 1978, March 6, 1978 and March 22, 1978. Hence,
there was no waiver of her right of cross-examination. Moreover,
the deferment of the cross-examination of the witness requested
by private respondent on March 22, 1978 was approved by
respondent judge without any objection on the part of petitioner
(pp. 45, 46, 64, rec.). And on the date for the cross-examination
of the witness Mario Nemenio or on April 19, 1978, counsel for
private respondent failed to cross-examine the said witness not of
his own design but because said witness failed to appear on that
date for the reason that due to the oversight of the court's
personnel the subpoena for said witness was not served on him
at the San Ramon Prison and Penal Farm (pp. 90, 108, rec.). And
respondent judge had to re-set the hearing for the crossexamination of the witness by the private respondent only to June
7, 1978 because of the fact that respondent judge took, with the
approval of the Supreme Court, his summer vacation the whole
month of May, 1978.
It is thus apparent that no fault can be imputed to the private
respondent for the length of time that elapsed before her counsel
was able to commence his cross-examination of the witness. And
private respondent's counsel was not able to complete his crossexamination of the witness on June 7, 1978 for lack of material
time by reason of which and upon agreement of the parties the
hearing was adjourned and ordered resumed on July 3, 1978 (p.
84, rec.).
GANCAYCO, J.:
Two basic issues are raised for Our resolution in this petition for
certiorari and mandamus. The first is whether or not a court loses
jurisdiction over an accused who after being arraigned, escapes
from the custody of the law. The other issue is whether or not
under Section 19, Article IV of the 1973 Constitution, an accused
who has been duly tried inabsentia retains his right to present
evidence on his own behalf and to confront and cross-examine
witnesses who testified against him.
The following facts are not in dispute:
On August 3, 1973, Samson Suan, Alex Potot, Rogelio Mula,
Fernando Cargando, Rogelio Baguio and the herein private
respondent Teodoro de la Vega Jr., were charged with the crime
of murder.
On August 22, 1973 all the above-named. accused were
arraigned and each of them pleaded not guilty to the crime
charged. Following the arraignment, the respondent judge, Hon.
Ramon E. Nazareno, set the hearing of the case for September
18, 1973 at 1:00 o'clock in the afternoon. All the acused including
private respondent, were duly informed of this.
Before the scheduled date of the first hearing the private
respondent escaped from his detention center and on the said
date, failed to appear in court. This prompted the fiscals handling
the case (the petitioners herein) to file a motion with the lower
court to proceed with the hearing of the case against all the
accused praying that private respondent de la Vega, Jr. be tried in
absentia invoking the application of Section 19, Article IV of the
1973 Constitution which provides:
Gimenez v nazareno
motion of any party showing good cause therefor, the court in which an
action is pending may (a) order any party to produce and permit the
inspection and copying or photographing, by or on behalf of the moving
party, of any designated documents, papers, books of accounts,
letters, photographs, objects or tangible things, not privileged, which
constitute or contain evidence material to any matter involved in the
action and which are in his possession, custody or control. (GR No.
180906, The Secretary of National Defense v. Manalo, October 7, 2008)
HELD:
In upholding the CA decision, the Supreme Court ruled that there is a
continuing violation of the Manalos right to security. xxx The Writ of
Amparo is the most potent remedy available to any person whose right
to life, liberty, and security has been violated or is threatened with
violation by an unlawful act or omission by public officials or
employees and by private individuals or entities. xxx Understandably,
since their escape, the Manalos have been under concealment and
protection by private citizens because of the threat to their life,
liberty, and security. The circumstances of respondents abduction,
detention, torture and escape reasonably support a conclusion that
there is an apparent threat that they will again be abducted, tortured,
and this time, even executed. These constitute threats to their liberty,
security, and life, actionable through a petition for a writ of amparo,
the Court explained. (GR No. 180906, The Secretary of National
Defense v. Manalo, October 7, 2008)
Distinguish the production order under the Rule on the Writ of
Amparo from a search warrant.
SUGGESTED ANSWER:
The production order under the Rule on the Writ of Amparo should not
be confused with a search warrant for law enforcement under Art. III,
sec. 2 of the 1987 Constitution. It said that the production order
should be likened to the production of documents or things under sec.
1, Rule 27 of the Rules of Civil Procedure which states that upon
Razon v Tagitis
FACTS:
The established facts show that Tagitis, a consultant for the
World Bank and the Senior Honorary Counselor for the
Islamic Development Bank (IDB) Scholarship Programme,
was last seen in Jolo, Sulu. Together with Arsimin Kunnong
(Kunnong), an IDB scholar, Tagitis arrived in Jolo by boat in
the early morning of October 31, 2007 from a seminar in
Zamboanga City. They immediately checked-in at ASY
Pension House. Tagitis asked Kunnong to buy him a boat
ticket for his return trip the following day to Zamboanga.
When Kunnong returned from this errand, Tagitis was no
longer around. The receptionist related that Tagitis went out
to buy food at around 12:30 in the afternoon and even left
his room key with the desk. Kunnong looked for Tagitis and
even sent a text message to the latters Manila-based
secretary who did not know of Tagitis whereabouts and
activities either; she advised Kunnong to simply wait.
On November 4, 2007, Kunnong and Muhammad
Abdulnazeir N. Matli, a UP professor of Muslim studies and
Tagitis fellow student counselor at the IDB, reported Tagitis
disappearance to the Jolo Police Station. On November 7,
2007, Kunnong executed a sworn affidavit attesting to what
he knew of the circumstances surrounding Tagitis
disappearance.
More than a month later (on December 28, 2007), Mary Jean
Tagitis filed a Petition for the Writ of Amparo (petition) with
the CA through her Attorney-in-Fact, Atty. Felipe P. Arcilla.The
petition was directed against Lt. Gen. Alexander Yano,
Commanding General, Philippine Army; Gen. Avelino I.
Razon, Chief, Philippine National Police (PNP); Gen. Edgardo
M. Doromal, Chief, Criminal Investigation and Detention
BALAO V MACAPAGAL-ARROYO
follows:
**
**
The petition further premised government
complicity in the abduction of James on the very
positions held by the respondents. The Court in
Rubrico v. Macapagal-Arroyo had the occasion to
expound on the doctrine of command
responsibility and why it has little bearing, if at all,
in amparo proceedings.
xxxx
As the law now stands, extrajudicial killings and
enforced disappearances in this jurisdiction are not
**
An inspection order is an interim relief designed to
give support or strengthen the claim of a petitioner
in an amparo petition, in order to aid the court
before making a decision. A basic requirement
before an amparo court may grant an inspection
order is that the place to be inspected is reasonably
determinable from the allegations of the party
seeking the order. In this case, the issuance of
inspection order was properly denied since the
petitioners specified several military and police