121234 23
August 1995
11WednesdayMAR 2015
POSTED BY RACHEL CHAN IN CASE
DIGESTS, CONSTITUTIONAL LAW II
LEAVE A COMMENT
Facts: Hubert Webb was one of the accused in the
high-profile case Vizconde massacre. Preliminary
investigation was provided by NBI and the case
was raffled to Judge Zosimo Escano who inhibited
himself from the case for being employed with NBI
before. His pair Judge Escano issued warrant of
arrest to defendants. The case was re-raffled to
Branch 274, presided by Judge Amelita Tolentino
who issued new warrants of arrest. Webb and the
others voluntarily surrendered. They files before
the court petition of certiorari, prohibition and
mandamus. They contend that (1) respondent
Judges de Leon and Tolentino gravely abused their
discretion when they failed to conduct a
preliminary examination before issuing warrants of
arrest against them: (2) the DOJ Panel likewise
gravely abused its discretion in holding that there is
probable cause to charge them with the crime of
rape with homicide; (3) the DOJ Panel denied them
their constitutional right to due process during their
preliminary investigation; and (4) the DOJ Panel
unlawfully intruded into judicial prerogative when
it failed to charge Jessica Alfaro in the Information
as an accused.
344 Sesbreno v CA
G.R. No. 160689, March 26, 2014
TOPIC: Human Relations
PONENTE: VELASCO, JR., J.
AUTHOR:
NOTES: (if applicable)
RATIO:
A. Preliminary Investigation
"The essence of due process is reasonable
opportunity to be heard and submit evidence in
support of one's defense." What is proscribed is
lack of opportunity to be heard. Thus, one who has
been afforded a chance to present ones own side of
the story cannot claim denial of due process.
demonstrated.
REMEDIAL LAW Amendment or Substitution
Office of the Provincial Prosecutor of Zamboanga
Del Norte v. CA, 401 Phil 905 if during trial,
petitioners are able to show that the alleged
murders were indeed committed in furtherance of
rebellion, Section 14, Rule 110 of the Rules of
Court provides the remedy of Amendment or
substitution.
Thus, if it is shown that the proper charge against
petitioners should have been simple rebellion, the
trial court shall dismiss the murder charges upon
the filing of the Information for simple rebellion, as
long as petitioners would not be placed in double
jeopardy.
Email ThisBlogThis!Share to TwitterShare to
Facebook
Generoso
called
the
Central
Police
District,
Prosecutor
found
that
the
petitioners
was
improper,
and
regular
the
petitioners'
motion
for
reconsideration.
The
petitioners
challenged
the
lower
Ruling:
We find the petition unmeritorious and thus
uphold the RTC Order.
First Issue:
Third Issue:
his
alleged
mauling;
the
police
officers
case."
Detailed
evidentiary
matters,
as
the
RTC
facts
or
circumstances
petitioners'
warrantless
circumstances
were
well
justifying
arrests.
within
the
These
the
police
as
the
police
officers'
personal
prompting
them
to
make
the
crime
just
warrantless arrests.
Personal
knowledge
of
enough
that
evidence
of
the
recent