Mayor Bayani Alonte vs Judge Maximo Savellano, NBI & People of

the Philippines [G.R. No. 131652 March 9, 1998]

Due Process in Criminal Proceedings Waiver of Right to Due Process

FACTS: Alonte was accused of raping JuvieLyn Punongbayan with

accomplice Buenaventura Concepcion. It was alleged that Concepcion
befriended Juvie and had later lured her into Alonetes house who was
then the mayor of Bian, Laguna. The case was brought before RTC
Bian. The counsel and the prosecutor later moved for a change of venue
due to alleged intimidation. While the change of venue was pending, Juvie
executed an affidavit of desistance. The prosecutor continued on with the
case and the change of venue was done notwithstanding opposition from
Alonte. The case was raffled to the Manila RTC under J Savellano.
Savellano later found probable cause and had ordered the arrest of Alonte
and Concepcion. Thereafter, the prosecution presented Juvie and had
attested the voluntariness of her desistance the same being due to media
pressure and that they would rather establish new life elsewhere. Case
was then submitted for decision and Savellano sentenced both accused to
reclusion perpetua. Savellano commented that Alonte waived his right to
due process when he did not cross examine Juvie when clarificatory
questions were raised about the details of the rape and on the
voluntariness of her desistance.

ISSUE: Whether or not Alonte has been denied criminal due process.

HELD: The SC ruled that Savellano should inhibit himself from further
deciding on the case due to animosity between him and the parties. There
is no showing that Alonte waived his right. The standard of waiver requires
that it not only must be voluntary, but must be knowing, intelligent, and
done with sufficient awareness of the relevant circumstances and likely
consequences. Mere silence of the holder of the right should not be so
construed as a waiver of right, and the courts must indulge every
reasonable presumption against waiver. Savellano has not shown
impartiality by repeatedly not acting on numerous petitions filed by Alonte.
The case is remanded to the lower court for retrial and the decision earlier
promulgated is nullified.