ALONTE V.

SAVELLANO
G.R. No. 131652. March 9, 1998.
VITUG, J

Pending before this Court are two separate petitions, one filed by petitioner
Bayani M. Alonte and the other by petitioner Buenaventura Concepcion that
assail the decision of respondent Judge Maximo A. Savellano, Jr., of the
Regional Trial Court ("RTC") of Manila finding both petitioners guilty beyond
reasonable doubt of the crime of rape. Petitioners seek to have the decision
nullified on the ground that the respondent Judge committed grave abuse of
discretion amounting to lack or excess of jurisdiction when he rendered a
decision without affording the petitioners their constitutional right to due process
of law.

W/N the assailed judgement was rendered without due process of law

The court held that the judgement convicting the petitioners be null and void for
failure of due process. Jurisprudence acknowledges that due process in criminal
proceedings, require (a) that the court or tribunal trying the case is properly
clothed with judicial power to hear and determine the matter before it; (b) that
jurisdiction is lawfully acquired by it over the person of the accused; (c) that the
accused is given an opportunity to be heard; and (d) that judgment is rendered
only upon lawful hearing. Procedural due process cannot possibly be met without
a law, which hears before it condemns, which proceeds upon inquiry and renders
judgment only after trial. Furthermore, 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. The Solicitor General has aptly
discerned that (1) Petitioners have not been directed to present evidence to
prove their defenses nor have dates scheduled for the purpose (2) the parties
have not been given the opportunity to present rebutting evidence nor have dates
been set by respondent Judge for the purpose and (3) petitioners have not
admitted the act charged in the Information so as to justify any modification in the
order of trial. There can be no short cut to the legal process, and there can be no
excuse for not affording an accused his full day in court. Due process, rightly
occupying the first and foremost place of honor in our Bill of Rights, is an
enshrined and invaluable right that cannot be denied even to the most
undeserving.