You are on page 1of 12

G.R. No. 164007 August 10, 2006 PARAS, J.

LT. (SG) EUGENE GONZALES, LT. (SG) ANDY Facts:


TORRATO, LT. (SG) ANTONIO TRILLANES IV, CPT. Presented before Us is a special civil action
GARY ALEJANO, LT. (SG) JAMES LAYUG, CPT. for certiorari against the Honorable Judge Ignacio
GERARDO GAMBALA, CPT. NICANOR FAELDON, Almodovar of the City Court of Legaspi, Branch 1,
LT. (SG) MANUEL CABOCHAN, ENS. ARMAND Legaspi City, raising beautiful questions of law which We
PONTEJOS, LT. (JG) ARTURO PASCUA, and 1LT. are tasked to resolve. Petitioner John Philip Guevarra,
JONNEL SANGGALANG, Petitioners, then 11 years old, was playing with his best friend
vs. Teodoro Almine, Jr. and three other children in their
GEN. NARCISO ABAYA, in his capacity as Chief of backyard in the morning of 29 October 1984. They were
Staff of the Armed Forces of the Philippines, and B. target-shooting a bottle cap (tansan) placed around
GEN. MARIANO M. SARMIENTO, JR., in his capacity fifteen (15) to twenty (20) meters away with an air rifle
as the Judge Advocate General of the Judge borrowed from a neighbor. In the course of their game,
Advocate General’s Office (JAGO), Respondents. Teodoro was hit by a pellet on his left collar bone which
caused his unfortunate death.
SANDOVAL-GUTIERREZ, J.:
Issue:
Facts: Whether the court had jurisdiction over the case
notwithstanding the fact that it did not pass thru the
For our resolution is the Petition for Prohibition (with barangay lupon
prayer for a temporary restraining order) filed by the
above-named members of the Armed Forces of the Held:
Philippines (AFP), herein petitioners, against the AFP Yes. We therefore rule that, in construing Section 2(3) of
Chief of Staff and the Judge Advocate General, P.D. 1508, the penalty which the law defining the offense
respondents. In relation to the celebrated Oakwood attaches to the latter should be considered. Hence, any
mutiny where a total of 321 soldiers including petitioners circumstance which may affect criminal liability must not
herein declared their withdrawal of support to the be considered.
Commander-in-chief, President Gloria Macapagal-
Arroyo declared a state of rebellion and ordered the
arrest of the said soldiers. G.R. No. 154473 April 24, 2009

Issue:
PEOPLE OF THE PHILIPPINES and PHOTOKINA
Whether the court martial may assume jurisdiction over MARKETING CORPORATION, Petitioners,
those who have been criminally charged of coup d’état vs.
before the regular courts. ALFREDO L. BENIPAYO, Respondent.

Held: x - - - - - - - - - - - - - - - - - - - - - - -x
Yes. Article 96 of the Articles of War is service-
connected. This is expressly provided in Section 1 G.R. No. 155573 April 24, 2009
(second paragraph) of R.A. No. 7055. It bears stressing
that the charge against the petitioners concerns the PHOTOKINA MARKETING
alleged violation of their solemn oath as officers to CORPORATION, Petitioner,
defend the Constitution and the duly-constituted vs.
authorities. ALFREDO L. BENIPAYO, Respondent.

NACHURA, J.:
G.R. No. 75256 January 26, 1989
Facts:
JOHN PHILIP GUEVARRA, petitioner,
vs. G.R. No. 154473
HONORABLE IGNACIO ALMODOVAR, respondent.

1
On January 31, 2002, respondent Alfredo L. Benipayo, jurisdiction as null and void. Respondent judge
then Chairman of the Commission on Elections wrongfully dismissed the case before him in disregard to
(COMELEC), delivered a speech in the "Forum on the elemental rule that jurisdiction is determined by the
Electoral Problems: Roots and Responses in the allegations of the information and that the offense of
Philippines" held at the Balay Kalinaw, University of the serious physical injuries charged in the information had
Philippines-Diliman Campus, Quezon City. The speech duly vested his court with jurisdiction. The Court orders
was subsequently published in the February 4 and 5, the transfer of the case below to another branch of the
2002 issues of the Manila Bulletin. Bukidnon court of-first instance, since it is doubtful that
the State and offended party may expect a fair and
G.R. No. 155573 impartial hearing and determination of the case from
respondent judge who with his erroneous pre-
On March 13, 2002, respondent, as COMELEC Chair, conceptions and predilections has adversely prejudged
and COMELEC Commissioner Luzviminda Tangcangco their case for serious physical injuries as one merely of
were guests of the talk show "Point Blank," hosted by slight or less serious physical injuries.
Ces Drilon and televised nationwide on the ANC-23
channel. The television show’s episode that day was Issue:
entitled "COMELEC Wars." Whether Hon. Ocaya acted with grave abuse of
discretion for dismissing the case for lack of jurisdiction.
Issue:
Whether the RTC has jurisdiction over the crime of libel Held:
filed against Benipayo. The orders of the respondent judge was held NULL &
VOID.
Held:
YES. The jurisdiction of the court to hear and decide a The jurisdiction of the court in a criminal case is
case is conferred by the law in force at the time of the determined by the allegations in the information or
institution of the action, unless a latter statute provides criminal complaint, and not by the result of the evidence
for a retroactive application thereof. Article 360 of the presented at the trial, nor the trial judge’s personal
RPC, as amended by Republic Act No. 4363, is explicit appraisal of the affidavits and exhibits without hearing
on which court has jurisdiction to try cases of written the parties and their witnesses. Moreover, once
defamations in providing that the criminal and civil action jurisdiction has attached to the person and subject-
for damages in cases of written defamations as provided matter, the subsequent happening of events, though it
for in this chapter, shall be filed simultaneously or may have prevented jurisdiction from attaching in the
separately with the court of first instance [now, the first instance, will not divest the court of jurisdiction
Regional Trial Court] of the province or city where the already attached.
libelous article is printed and first published or where any
of the offended parties actually resides at the time of the
commission of the offense. G.R. Nos. 160054-55 July 21, 2004

MANOLO P. SAMSON, petitioner,


G.R. No. L-47448 May 17, 1978 vs.
HON. REYNALDO B. DAWAY, in his capacity as
THE PEOPLE OF THE PHILIPPINES, petitioner, Presiding Judge, Regional Trial Court of Quezon
vs. City, Branch 90, PEOPLE OF THE PHILIPPINES and
HON. EMETERIO C. OCAYA, as District Judge, 15th CATERPILLAR, INC., respondents.
Judicial District, Branch VI, Province of Bukidnon,
and ESTERLINA MARAPAO, LETICIA MARAPAO and YNARES-SANTIAGO, J.:
DIOSDADO MARAPAO, respondents.
Facts:
TEEHANKEE, J.: The undisputed facts show that on March 7, 2002, two
informations for unfair competition under Section 168.3
Facts: (a), in relation to Section 170, of the Intellectual Property
The Court declares the questioned orders of respondent Code (Republic Act No. 8293), similarly worded save for
judge dismissing the information for supposed lack of the dates and places of commission, were filed against

2
petitioner Manolo P. Samson, the registered owner of Held:
ITTI Shoes.
In the instant case, there is no showing that the alleged
Issue: falsification was committed by the accused, if at all, as
Which court has jurisdiction over criminal and civil cases a consequence of, and while they were discharging,
for violation of intellectual property rights? official functions. The information does not allege that
there was an intimate connection between
Held: the discharge of official duties and the commission of the
The SC held that under Section 163 of the IPC, actions offense.
for unfair competition shall be brought before the proper
courts with appropriate jurisdiction under existing laws. G.R. Nos. 161784-86. April 26, 2005
The law contemplatedin Section 163 of IPC is RA 166
otherwise known as the Trademark Law. Section 27 of DINAH C. BARRIGA, Petitioners,
theTrademark Law provides that jurisdiction over cases vs.
for infringement of registered marks, unfair competition, THE HONORABLE SANDIGANBAYAN (4TH DIVISION)
false designation of origin and false description or and THE PEOPLE OF THE
representation, is lodged with theCourt of First Instance PHILIPPINES, Respondents.
(now Regional Trial Court). Since RA 7691 is a general
law and IPC inrelation to Trademark Law is a special CALLEJO, SR., J.:
law, the latter shall prevail. Actions for unfair
competitiontherefore should be filed with the RTC. Facts:

G.R. No. 154886. July 28, 2005 On April 3, 2003, the Office of the Ombudsman filed a
motion with the Sandiganbayan for the admission of the
LUDWIG H. ADAZA, Petitioners, three Amended Informations appended thereto. The first
vs. Amended Information docketed as Criminal Case No.
SANDIGANBAYAN (the First DIVISION composed of 27435, charged petitioner Dinah C. Barriga and Virginio
Justices GREGORIO S. ONG, CATALINO R. E. Villamor, the Municipal Accountant and the Municipal
CASTANEDA, JR. and FRANCISCO H. VILLARUZ, Mayor, respectively, of Carmen, Cebu, with malversation
JR. and THE PEOPLE OF THE PHILIPPINES of funds.
represented by SPECIAL PROSECUTION
OFFICE, Respondents. Issue:

CARPIO-MORALES, J.: WON the Sandiganbayan has jurisdiction over the


crimes committed
Facts:
Department of Public Works and Highways (DPWH) of Held:
1st District of Zamboanga del Norte awarded to Parents
and Teachers Association (PTA)of Manawan National Yes. Based on the allegations in the Amended
High School (MNHS) a contract for the construction of a Informations and RA 8249, the Sandiganbayan has
school building at an agreed consideration of original jurisdiction over the crimes of Malversation and
P111,319.50. Upon the completion of the project, PTA Illegal Use of Public Funds. RA 8249 -SB has orig
failed to receive the last installment payment amounting jurisdiction over crimes and felonies committed by public
to P20,847.17. PTA president Felix Mejorda (Mejorda) officers and employees, at least one of whom belongs to
was informed by Hazel Peñaranda, DPWH Cashier, that any of the five categories thereunder enumerated at the
the check for P20,847.17 had been released to Ludwig time of the commission of such crimes.
H. Adaza (Adaza).
G.R. No. 175750-51 April 2, 2014
Issue:
SILVERINA E. CONSIGNA, Petitioner,
Whether or not Sandiganbayan has jurisdiction over the vs.
falsification case against Adaza which was not in relation PEOPLE OF THE PHILIPPINES, THE HON.
to his position as municipal mayor
3
SANDIGANBAYAN (THIRD DIVISION), and Crisostomo pleaded not guilty. Trial ensued. The
EMERLINA MOLETA,Respondents. presentation of evidence for

PEREZ, J.: Crisostomo’s defense was deemed waived for his failure
to appear at the scheduled hearings despite notice.
Facts: Crisostomo and 1 co-accused were found guilty by the
Sandiganbayan, while the others were still at large.
For review on certiorari is the Decision1 of the Honorable
Sandiganbayan dated 12 December 2006, finding Issue:
Silverina E. Consigna (petitioner) guilty for violation of
Section 3(e) of Republic Act (R.A.) No. 3019, otherwise Whether the sandiganbayan has jurisdiction over the
known as Anti-Graft and Corrupt Practices Act, and crime of murder charged against crisostomo who is a
Estafa, as defined and penalized under Article 315 (2)(a) senior police officer 1 (spo1) at the time of the filing of
of the Revised Penal Code. Consigna, then Property the information against him
Clerk of the Division Superintendent of Schools for the
province of Surigao del Norte, and Prospero E. Borja, Held:
warehouseman of the NAMARCO, were charged with
the crime of malversation. The Sandiganbayan had jurisdiction to try the case.
However, the prosecution failed to prove Crisostomo and
Issue: Calingayan’s guilt beyond reasonable doubt. Thus, we
acquit Crisostomo and Calingayan.
Whether or not the trial court, besides acquitting
Consigna had the authority to order his reinstatement Based on the foregoing findings, as well as on
the Deloso v. Domingo ruling and the Court’s
Held: instructions in Republic v. Asuncion, the
Sandiganbayan had every reason to assume jurisdiction
Yes. The ruling that upon acquitting one charged with over this case. Crisostomo waited until the very last
malversation of public funds, the court has no authority stage of this case, the rendition of the verdict, before he
to order payment of his salaries corresponding to the questioned the Sandiganbayan’s jurisdiction. Crisostomo
period of his suspension because his right to the same is already estopped from questioning the
was not involved in the case - does not apply to Sandiganbayan’s jurisdiction.
defendant's right in case of acquittal to reinstatement to
the position he was occupying at the time of his G.R. No. 191894 July 15, 2015
suspension, because, as we have said heretofore, this
matter would seem to be involved in the case of DANILO A. DUNCANO, Petitioner,
malversation albeit as a mere incident because vs.
conviction of the offense charged results necessarily in a HON. SANDIGANBAYAN (2nd DIVISION), and HON.
denial of such right to reinstatement in view of the OFFICE OF THE SPECIAL
penalty of disqualification provided by law. PROSECUTOR, Respondents.

G.R. No. 152398. April 14, 2005 PERALTA, J.:

EDGAR CRISOSTOMO, Petitioners, Facts:


vs.
SANDIGANBAYAN, Respondent. Petitioner Danilo A. Duncano is, at the time material to
the case, the Regional Director of the Bureau of Internal
CARPIO, J.: Revenue (BIR) with Salary Grade 26 as classified under
Republic Act (R.A.) No. 6758.3 On March 24, 2009, the
Facts: Office of the Special Prosecutor (OSP), Office of the
Ombudsman, filed a criminal case against him for
Crisostomo, a member of the Philippine National Police, violation of Section 8, in relation to Section 11 of R.A.
and others were charged with the murder of Renato, a No. 6713.
detention prisoner at the Solano Municipal Jail.
4
Issue: On the foregoing premises alone, the Court in Republic
v. Sandiganbayan, deduced that jurisdiction over
WON Sandiganbayan has jurisdiction violations of R.A. No. 3019 and 1379 is lodged with the
Sandiganbayan. It could not have taken into
Held: consideration R.A. No. 7975 and R.A. No. 8249 since
both statutes which also amended the jurisdiction of the
The Sandiganbayan has no jurisdiction over violations of Sandiganbayan were not yet enacted at the time. The
Section 3(a) and (e), Republic Act No. 3019, as subsequent enactments only serve to buttress the
amended, unless committed by public officials and conclusion that the Sandiganbayan indeed has
employees occupying positions of regional director and jurisdiction over violations of R.A. No. 1379.
higher with Salary Grade "27" or higher, under the
Compensation and Position Classification Act of 1989 G.R. No. 128096 January 20, 1999
(Republic Act No. 6758) in relation to their office. In
ruling in favor of its jurisdiction, even though petitioner PANFILO M. LACSON, petitioner,
admittedly occupied the position of Director II with Salary
Grade "26" under the Compensation and Position vs.
Classification Act of 1989 (Republic Act No. 6758), the
Sandiganbayan incurred in serious error of jurisdiction, THE EXECUTIVE SECRETARY, THE
and acted with grave abuse of discretion amounting to SANDIGANBAYAN, OFFICE OF THE SPECIAL
lack of jurisdiction in suspending petitioner from office, PROSECUTOR, THE DEPARTMENT OF JUSTICE,
entitling petitioner to the reliefs prayed for. MYRNA ABALORA, NENITA ALAP-AP, IMELDA
PANCHO MONTERO, and THE PEOPLE OF THE
G.R. No. 165835 June 22, 2005 PHILIPPINES, respondent.

MAJOR GENERAL CARLOS F. GARCIA, Petitioner, ROMEO M. ACOP AND FRANCISCO G. ZUBIA,
vs. JR., petitioner-intervenors.
SANDIGANBAYAN and the OFFICE OF THE
OMBUDSMAN, Respondents. MARTINEZ, J.:

Tinga, J.: Facts:

Facts: The constitutionality of Sections 4 and 7 of Republic Act


No. 8249 — an act which further defines the jurisdiction
Petitioner Major General Carlos F. Garcia was the of the Sandiganbayan — is being challenged in this
Deputy Chief of Staff for Comptrollership, J6, of the petition for prohibition and mandamus. Petitioner Panfilo
Armed Forces of the Philippines. Petitioner filed Lacson, joined by petitioners-intervenors Romeo Acop
this Petition for certiorari and prohibition under Rule 65 and Francisco Zubia, Jr., also seeks to prevent the
to annul and set aside public respondent Sandiganbayan from proceedings with the trial of
Sandiganbayan’s Resolution dated 29 October 2004 Criminal Cases Nos. 23047-23057 (for multiple murder)
and Writ of Preliminary Attachment dated 2 November against them on the ground of lack of jurisdiction.
2004, and to enjoin public respondents Sandiganbayan
and Office of the Ombudsman from further proceeding Issue:
with any action relating to the enforcement of the
assailed issuances. Whether or not Sections 4 and 7 of R.A. 8249 violate the
petitioners’ right to due process and the equal protection
Issue: clause of the Constitution as the provisions seemed to
have been introduced for the Sandiganbayan to continue
WON SB has jurisdiction over petitions for forfeiture to acquire jurisdiction over the Kuratong Baleleng case.
under RA 1379
Held:
Held:
In People vs. Montejo, it was held that an offense is said
to have been committed in relation to the office if it is
5
intimately connected with the office of the offender and WoN the Sandiganbayan must first acquire territorial
perpetrated while he was in the performance of his jurisdiction over the Arelma proceeds before the
official functions. Such intimate relation must be alleged judgment may be enforced
in the information which is essential in determining the
jurisdiction of the Sandiganbayan. However, Held:
upon examination of the amended information, there
NO. The execution of a Court’s judgment is merely a
was no specific allegation of facts that the shooting of
ministerial phase of adjudication. The authority of the
the victim by the said principal accused was intimately
Sandiganbayan to rule on the character of these assets
related to the discharge of their official duties as police
as ill-gotten cannot be conflated with petitioner’s
officers. Likewise, the amended information does not
concerns as to how the ruling may be effectively
indicate that the said accused arrested and investigated
enforced.
the victim and then killed the latter while in their custody.
The stringent requirement that the charge set forth with
G.R. No. L-14595 May 31, 1960
such particularity as will reasonably indicate the exact
offense which the accused is alleged to have committed
in relation to his office was not established. THE PEOPLE OF THE PHILIPPINES, petitioner,
vs.
HONORABLE GREGORIO MONTEJO, Judge, Court
G.R. No. 189434 March 12, 2014
of First Instance, Zamboanga City and Basilan City,
MAYOR LEROY S. BROWN, DETECTIVE JOAQUIN R.
FERDINAND R. MARCOS, JR., Petitioner,
POLLISCO, PATROLMAN GRACIANO
vs.
LACERNA alias DODONG, PATROLMAN MOHAMAD
REPUBLIC OF THE PHILIPPINES, represented by the
HASBI, SPECIAL POLICEMAN DIONISIO DINGLASA,
Presidential Commission on Good
SPECIAL POLICEMAN HADJARATIL, SPECIAL
Government,Respondent.
POLICEMAN ALO, and JOHN DOES, respondents.

x-----------------------x
CONCEPCION, J.:

G.R. No. 189505


Facts:

IMELDA ROMUALDEZ-MARCOS, Petitioner, Mayor Leroy Brown of Basilan City, Det. Joaquin
vs. Pollisco, Patrolman Graciano Lacema, and other co-
REPUBLIC OF THE PHILIPPINES, Respondent. accused where charged with murder. It was alleged in
the information filed against them that from May to June
SERENO, C.J.: 1958, the Mayor and his "organized groups of police
patrol and civilian commandoes" whom he "armed with
Facts: pistols and high power guns" established a camp which
they called as their 'sub-police headquarters' at Tipo-
On 25 April 2012, the Supreme Court rendered a Tipo, Lamitan.
Decision affirming the 2 April 2009 Decision of the
Sandiganbayan and declaring all the assets of Arelma, Issue:
S.A., an entity created by the late Ferdinand E. Marcos,
Whether or not Mayor Brown is accused of an offense
forfeited in favor of the Republic of the Philippines. The
committed in relation to his office.
anti-graft court found that the totality of assets and
properties acquired by the Marcos spouses was Held:
manifestly and grossly disproportionate to their
aggregate salaries as public officials, and that petitioners Yes, Mayor Brown committed an offense in relation to
were unable to overturn the prima facie presumption of his office. A public officer commits an offense in relation
ill-gotten wealth, pursuant to Section 2 of Republic Act to his office if he perpetrates the offense while
No. (RA) 1379.Petitioners seek reconsideration of the performing his official functions and that he could not
denial of their petition, raising the issues below. have committed the offense without holding his public
office. Although the performance of the official function
Issue: was improper or is an irregular manner, it was alleged in
the information that Mayor Brown established the sub-
6
station and was under his “command,... supervision and NCR, Branch 70, Pasig), The Honorable FRANKLIN
control” and that his co-defendants were acting upon his DRILON (in his capacity as Secretary of Justice),
orders. Thus, in this case, there is an intimate JOVENCITO R. ZUÑO, LEONARDO C. GUIYAB,
connection between the offense and the office of the CARLOS L. DE LEON, RAMONCITO C. MISON,
accused. REYNALDO J. LUGTU, and RODRIGO P. LORENZO,
the last six respondents in their official capacities as
G.R. No. 141710 March 3, 2004 members of the State Prosecutor's
Office), respondents.
EVELYN V. RODRIGUEZ, AND ANDRES ABONITA,
JR., petitioners, CRUZ, J.:
vs.
SANDIGANBAYAN, AND PEOPLE OF THE Facts:
PHILIPPINES, respondents.
There is probably no more notorious person in the
CARPIO-MORALES, J.: country today than Mayor Antonio L. Sanchez of
Calauan, Laguna, who stands accused of an
Facts: unspeakable crime. On him, the verdict has already
been rendered by many outraged persons who would
The January 17, 2000 three separate Orders of the immediately impose on him an angry sentence. Yet, for
Sandiganbayan denying petitioners’ motion to quash the all the prejudgments against him, he is under our
second amended information,1 denying the motion to Constitution presumed innocent as long as the contrary
defer arraignment,2 and entering a plea of "not guilty" for has not been proved. Like any other person accused of
petitioners in light of their refusal to plead to the an offense, he is entitled to the full and vigilant protection
information,3 are assailed in the present petition of the Bill of Rights.
for certiorari.
Issue:
Issue:

WON Sandiganbayan has jurisdiction over the subject WON the Sandiganbayan has jurisdiction over the case
matter
Held:
Held:
The Ombudsman is indeed empowered under Section
Yes. In the present case, public office is not an essential
15, paragraph (1) of R.A. 6770 to investigate and
element of the offense of obstruction of justice under
prosecute, any illegal act or omission of any public
Section 1(b) of P.D. 1829. The circumstances
official. However, as we held only two years ago in the
surrounding the commission of the offense alleged to
case of Aguinaldo v. Domagas, this authority "is not an
have been committed by petitioner Rodriguez are such,
exclusive authority but rather a shared or concurrent
however, that the offense may not have been committed
authority in. respect of the offense charged."
had said petitioner not held the office of the mayor. As
found during the preliminary investigation, petitioner
Petitioner Hannah Eunice D. Serana was a senior
Rodriguez, in the course of her duty as Mayor, who is
student of the University of the Philippines-Cebu. A
tasked to exercise general and operational control and
student of a state university is known as a government
supervision over the local police forces, used her
scholar. She was appointed by then President Joseph
influence, authority and office to call and command
Estrada on December 21, 1999 as a student regent of
members of the municipal police of Taytay to haul and
UP, to serve a one-year term starting January 1, 2000
transfer the lumber which was still subject of an
and ending on December 31, 2000. On July 3, 2003, the
investigation for violation of P.D. 705.
Ombudsman, after due investigation, found probable
cause to indict petitioner and her brother Jade Ian D.
G.R. Nos. 111771-77 November 9, 1993
Serana for estafa, docketed as Criminal Case No. 27819
of the Sandiganbayan.
ANTONIO L. SANCHEZ, petitioner,
vs.
Issue:
The Honorable HARRIET O. DEMETRIOU (in her
capacity as Presiding Judge of Regional Trial Court,
7
WON a government scholar and UP student regent is a WON the Sandiganbayan has jurisdiction over the case
public officer.
Held:
Held:
For an offense to fall within the jurisdiction of the
Yes. Public office is the right, authority, and duty created Sandiganbayan, the offense must have been
and conferred by law, by which for a given period, either committed by the officials enunciated in
fixed by law or enduring at the pleasure of the creating paragraph (a) “in relation to their office,” i.e. it
power, an individual is invested with some portion of the should be intimately connected with the office of
sovereign functions of the government, to be exercise by the offender, and should have been perpetrated while
him for the benefit of the public. The individual so the offender was in the performance of his official
invested is a public officer. (Laurel vs Desierto) functions. Moreover, these requisites must be alleged in
Delegation of sovereign functions is essential in the the information. In this case, there was no allegation that
public office. An investment in an individual of some the offense charged was done in the performance of
portion of the sovereign functions of the government, to official function.
be exercised by him for the benefit of the public makes
one a public officer. As the Sandiganbayan pointed out, G.R. No. 169588 October 7, 2013
the BOR performs functions similar to those of a board
of trustees of a non-stock corporation. By express JADEWELL PARKING SYSTEMS CORPORATION
mandate of law, petitioner is a public officer as represented by its manager and authorized
contemplated by P.D. No. 1606 the statute defining the representative Norma Tan, Petitioner,
jurisdiction of the Sandiganbayan. vs.
HON. JUDGE NELSON F. LIDUA SR., Presiding
Judge of The Municipal Trial Court Branch 3, Baguio
G.R. No. 144261-62 May 9, 2001 City, BENEDICTO BALAJADIA, EDWIN ANG, "JOHN
DOES" and "PETER DOES" Respondents.
PRUDENTE D. SOLLER, M.D., PRECIOSA M.
SOLLER, M.D., RODOLFO I. SALCEDO, JOSEFINA B. LEONEN, J.:
MORADA, MARIO M. MATINING, and ROMMEL M.
LUARCA, petitioners, Facts:
vs.
THE HONORABLE SANDIGANBAYAN and PEOPLE Petitioner Jadewell Parking Systems Corporation is a
OF THE PHILIPPINES, respondents. private parking operator duly authorized to operate and
manage the parking spaces in Baguio City pursuant to
GONZAGA-REYES, J.: City Ordinance 003-2000. It is also authorized under
Section 13 of the City Ordinance to render any motor
Facts: vehicle immobile by placing its wheels in a clamp if the
vehicle is illegally parked.
In the evening of March 14, 1997, Jerry Macabael a
municipal guard, was shot and killed along the national Issue:
highway at Bansud, Oriental Mindoro while driving a
motorcycle together with petitioner Soller's son, Vincent Whether the filing of the Complaint with the Office of the
M. Soller. His body was brought to a medical clinic City Prosecutor on May 23,2003 tolled the prescription
located in the house of petitioner Dr. Prudente Soller, the period of the commission of the offense
Municipal Mayor, and his wife Dr. Preciosa Soller, who is
the Municipal Health Officer. The incident was reported Held:
to and investigated by petitioner SPO4 Mario Matining.
An autopsy was conducted on the same night on the No. As provided in the Revised Rules on Summary
cadaver of Jerry by petitioner Dr. Preciosa Soller with Procedure, only the filing of an Information tolls the
the assistance of petitioner Rodolfo Salcedo, Sanitary prescriptive period where the crime charged is involved
Inspector, and petitioner Josefina Morada, Rural Health in an ordinance. The respondent judge was correct when
Midwife. he applied the rule in Zaldivia v. Reyes . In Zaldivia v.
Reyes , 211 SCRA 277 (1992), the violation of a
Issue: municipal ordinance in Rodriguez, Rizal also featured
8
similar facts and issues with the present case. In that G.R. No. 139930 June 26, 2012
case, the offense was committed on May 11, 1990. The
Complaint was received on May 30, 1990, and the REPUBLIC OF THE PHILIPPINES, Petitioner,
Information was filed with the Metropolitan Trial Court of vs.
Rodriguez on October 2, 1990. EDUARDO M. COJUANGCO, JR., JUAN PONCE
ENRILE, MARIA CLARA LOBREGAT, JOSE
ELEAZAR, JR., JOSE CONCEPCION, ROLANDO P.
G.R. No. L-42925 January 31, 1977 DELA CUESTA, EMMANUEL M. ALMEDA,
HERMENEGILDO C. ZAYCO, NARCISO M. PINEDA,
PEOPLE OF THE PHILIPPINES, petitioner, IÑAKI R. MENDEZONA, DANILO S. URSUA,
vs. TEODORO D. REGALA, VICTOR P. LAZATIN,
HON. RICARDO D. GALANO, Presiding Judge, Court ELEAZAR B. REYES, EDUARDO U. ESCUETA, LEO
of First Instance of Manila, Branch XIII, and J. PALMA, DOUGLAS LU YM, SIGFREDO VELOSO
GREGORIO SANTOS, respondents. and JAIME GANDIAGA, Respondents.

TEEHANKEE, J: ABAD, J.:

Facts: Facts:

The complaint filed with the Batangas court which On March 1, 1990 the Office of the Solicitor General filed
expressly alleged commission of the offense within the acomplaint for violation of Section 3(e) of Republic Act
municipality and which pended for twelve years (the (R.A.) 3019 against respondents, the 1979 members of
accused having jumped bail and evaded rearrest for nine the UCPB board of directors, before the PCGG.Nine
years) and which was eventually dismissed by said court years later, the Office of the Special Prosecutor issued a
for lack of territorial jurisdiction as a result of the proof memorandum that the action has already prescribed.
adduced before it properly interrupted and tolled the
prescription period. Respondent judge failed, in ruling Issue:
otherwise, to apply the settled rule that the jurisdiction of
Whether or not respondents alleged violation of Section
a court is determined in criminal cases by the allegations
3(e) of R.A. 3019 already prescribed.
of the complaint or information and not by the result of
proof. The case is ordered remanded for determination Held:
with the utmost dispatch, since this case has already
been pending for fifteen years owing to respondent R.A. 3019 being a special law, the 10-year prescriptive
accused's deplorable tactics. period should be computed in accordance with Section 2
of Act 3326which states that “prescription shall begin to
Issue: run from the day of the commission of the violation of the
law, and if the same be not known at the time, from the
WON the crime has already prescribed and must be discovery thereof xxx”
dismissed
G.R. No. 168662 February 19, 2008
Held:
SANRIO COMPANY LIMITED, petitioner,
No. The crime has not yet prescribed. The offense was vs.
EDGAR C. LIM, doing business as ORIGNAMURA
committed on or about September 16, 1962 when
TRADING, respondent.
respondent failed to account for and instead
misappropriated to his own use the sum of P8,704.00 CORONA, J.:
representing the net proceeds (minus his commission) of
272 booklets of sweepstakes tickets that had been Facts:
entrusted to him be the complainant, who promptly filed
on October 2, 1962 plainly within the ten-year Sometime in 2001, due to the deluge of counterfeit
prescriptive period the criminal complaint against Sanrio products, GGI asked IP Manila Associates
respondent accused in the Municipal Court of Batangas, (IPMA) to conduct a market research. The research's
Batangas. The prescriptive period was thereupon objective was to identify those factories, department
interrupted. stores and retail outlets manufacturing and/or selling
fake Sanrio items. After conducting several test-buys in
9
various commercial areas, IPMA confirmed that massacre despite his admission to the Witness
respondent's Orignamura Trading in Tutuban Center, Protection Program of the DOJ.
Manila was selling imitations of petitioner's products.
Held:
Issue:
No. The prosecution of crimes pertains to the Executive
WON the action had already prescribed Department of the Government whose principal power
and responsibility are to see to it that our laws are
Held: faithfully executed. A necessary component of the power
to execute our laws is the right to prosecute their
NO. Section 2 of Act 3326 provides that the prescriptive violators. The right to prosecute vests the public
period for violation of special laws starts on the day such prosecutors with a wide range of discretion – the
offense was committed and is interrupted by the discretion of what and whom to charge, the exercise of
institution of proceedings against respondent (i.e., the which depends on a smorgasbord of factors that are
accused). Petitioner in this instance filed its complaint- best appreciated by the public prosecutors.
affidavit 1 year, 10 months and 4 days after the NBI
searched respondent’s premises and seized Sanrio G.R. No. 191567 March 20, 2013
merchandise therefrom.
MARIE CALLO-CLARIDAD, Petitioner,
vs.
G.R. No. 197291 April 3, 2013 PHILIP RONALD P. ESTEBAN and TEODORA ALYN
ESTEBAN, Respondents.
DATU ANDAL AMPATUAN JR., Petitioner,
vs. BERSAMIN, J.:
SEC. LEILA DE LIMA, as Secretary of the
Department of Justice, CSP CLARO ARELLANO, as
Chief State Prosecutor, National Prosecution Facts:
Service, and PANEL OF PROSECUTORS OF THE
MAGUINDANAO MASSACRE, headed by RSP PETER The petitioner is the mother of the late Cheasare Armani
MEDALLE, Respondents. "Chase" Callo Claridad, whose lifeless but bloodied body
was discovered in the evening of February 27, 2007
BERSAMIN, J.: between vehicles parked at the carport of a residential
house located at No.10 Cedar Place, Ferndale Homes,
Facts: Quezon City. Allegedly, Chase had been last seen alive
with respondent Philip Ronald P. Esteban (Philip) less
History will never forget the atrocities perpetrated on than an hour before the discovery of his lifeless body.
November 23, 2009, when 57 innocent civilians were
massacred in Sitio Masalay, Municipality of Ampatuan, Issue:
Maguindanao Province. Among the principal suspects
was petitioner, then the Mayor of the Municipality of Datu WON the circumstantial evidence presented was
Unsay, Maguindanao Province. Inquest proceedings sufficient to warrant the indictment of the respondents for
were conducted against petitioner on November 26, murder?
2009 at the General Santos (Tambler) Airport Lounge,
before he was flown to Manila and detained at the main Held:
office of the National Bureau of Investigation (NBI). The
NBI and the Philippine National Police (PNP) charged NO. For circumstantial evidence to be sufficient to
other suspects, numbering more than a hundred, for support a conviction, all the circumstances must be
what became aptly known as the Maguindanao consistent with one another and must constitute an
massacre. unbroken chain leading to one fair and reasonable
conclusion that a crime has been committed and that the
Issue: respondents are probably guilty thereof. The pieces of
evidence must be consistent with the hypothesis that the
Whether respondents may be compelled by writ of respondents were probably guilty of the crime and at the
mandamus to charge Dalandag as an accused for same time inconsistent with the hypothesis that they
multiple murder in relation to the Maguindanao were innocent, and with every rational hypothesis except

10
that of guilt. Circumstantial evidence is sufficient, already in Court he cannot impose his opinion on the
therefore, if: (a) there is more than one circumstance, (b) trial court. The Court is the best and sole judge on what
the facts from which the inferences are derived have to do with the case before it. The determination of the
been proven, and (c) the combination of all the case is within its exclusive jurisdiction and competence.
circumstances is such as to produce a conviction
beyond reasonable doubt. G.R. No. 213455, August 11, 2015

G.R. No. L-53373 June 30, 1987 JUAN PONCE ENRILE, Petitioner, v. PEOPLE OF THE
PHILIPPINES, HON. AMPARO M. CABOTAJE-TANG,
MARIO FL. CRESPO, petitioner, HON. SAMUEL R. MARTIRES, AND HON. ALEX L.
vs. QUIROZ OF THE THIRD DIVISION OF THE
HON. LEODEGARIO L. MOGUL, Presiding Judge, SANDIGANBAYAN, Respondents.
CIRCUIT CRIMINAL COURT OF LUCENA CITY, 9th
Judicial Dist., THE PEOPLE OF THE PHILIPPINES, BRION, J.:
represented by the SOLICITOR GENERAL, RICARDO
BAUTISTA, ET AL., respondents. Facts:

GANCAYCO, J.: We resolve the “petition for certiorari with prayers (a) for
the Court En Banc to act on the petition; (b) to expedite
Facts: the proceedings and to set the case for oral arguments;
and (c) to issue a temporary restraining order to the
On April 18, 1977 Assistant Fiscal Proceso K. de Gala respondents from holding a pre-trial and further
with the approval of the Provincial Fiscal filed an proceedings in Criminal Case No. SB-14-CRM-
information for estafa against Mario Fl. Crespo in the 0238”1 filed by petitioner Juan Ponce Enrile (Enrile)
Circuit Criminal Court of Lucena City which was challenging the July 11, 2014 resolutions 2 of the
docketed as Criminal Case No. CCCIX-52 (Quezon) Sandiganbayan. The Office of the Ombudsman filed an
'77.1 When the case was set for arraigment the accused Information for plunder against Enrile, Jessica Lucila
filed a motion to defer arraignment on the ground that Reyes, Janet Lim Napoles, Ronald John Lim, and John
there was a pending petition for review filed with the Raymund de Asis before the Sandiganbayan.
Secretary of Justice of the resolution of the Office of the
Provincial Fiscal for the filing of the information. In an Issue:
order of August 1, 1977, the presiding judge, His Honor,
Leodegario L. Mogul, denied the motion. 2 A motion for Is a Motion to Quash the proper remedy if the
reconsideration of the order was denied in the order of information is vague or indefinite resulting in the serious
August 5, 1977 but the arraignment was deferred to violation of Enrile’s constitutional right to be informed of
August 18, 1977 to afford time for petitioner to elevate the nature and cause of the accusation against him?
the matter to the appellate court.
Held:
Issue:
NO. When allegations in an Information are vague or
Whether the trial court, acting on a motion to dismiss a indefinite, the remedy of the accused is not a motion to
criminal case filed by the Provincial Fiscal upon quash, but a motion for a bill of particulars. The purpose
instructions of the Secretary of Justice to whom the case of a bill of particulars is to supply vague facts or
was elevated for review, may refuse to grant the motion allegations in the complaint or information to enable the
and insist on the arraignment and trial on the merits? accused to properly plead and prepare for trial. It
presupposes a valid Information, one that presents all
Held: the elements of the crime charged, albeit under vague
terms. Notably, the specifications that a bill of particulars
YES. may supply are only formal amendments to the
complaint or Information. Thus, if the Information is
The rule in this jurisdiction is that once a complaint or lacking, a court should take a liberal attitude towards its
information is filed in Court any disposition of the case granting and order the government to file a bill of
as its dismissal or the conviction or acquittal of the particulars elaborating on the charges. Doubts should be
accused rests in the sound discretion of the Court. resolved in favor of granting the bill to give full meaning
Although the fiscal retains the direction and control of the to the accused’s Constitutionally guaranteed rights.
prosecution of criminal cases even while the case is
11
G.R. No. 148560 November 19, 2001 pursuant to items (1) to (6) of R.A. No. 7080, and state
the names of the accused who committed each act.
JOSEPH EJERCITO ESTRADA, petitioner,
vs. G.R. No. 151785 December 10, 2007
SANDIGANBAYAN (Third Division) and PEOPLE OF
THE PHILIPPINES, respondents.
SUSAN FRONDA-BAGGAO, petitioner,
BELLOSILLO, J.: vs.
PEOPLE OF THE PHILIPPINES, respondent.
Facts:
SANDOVAL-GUTIERREZ, J.:
Petitioner Joseph Ejercito Estrada, the highest-ranking
official to be prosecuted under RA 7080 (An Act Defining Facts:
and Penalizing the Crime of Plunder),1 as amended by
RA 7659,2 wishes to impress upon us that the assailed Sometime in 1989, the Provincial Prosecutor of Abra
law is so defectively fashioned that it crosses that thin filed with the Regional Trial Court, Branch 1, Bangued,
but distinct line which divides the valid from the same province, four separate Informations for illegal
constitutionally infirm. He therefore makes a stringent recruitment against Susan Fronda-Baggao, petitioner,
call for this Court to subject the Plunder Law to the and Lawrence Lee, docketed as Criminal Cases Nos.
crucible of constitutionality mainly because, according to 744, 745, 746 and 749
him, (a) it suffers from the vice of vagueness; (b) it
Issue:
dispenses with the "reasonable doubt" standard in
criminal prosecutions; and, (c) it abolishes the element Whether the four Informations for illegal recruitment
of mens rea in crimes already punishable under The could be amended and lumped into one Information for
Revised Penal Code, all of which are purportedly clear illegal recruitment in large scale.
violations of the fundamental rights of the accused to
due process and to be informed of the nature and cause Held:
of the accusation against him. Yes. A careful scrutiny of the above Rule shows that
although it uses the singular word complaint or
Issue:
information, it does not mean that two or more
Whether petitioner Jose “Jinggoy” Estrada may be tried complaints or Informations cannot be amended into only
for plunder, it appearing that he was only allegedly one Information. Surely, such could not have been
involved in one act or offense that is illegal gambling and intended by this Court. Otherwise, there can be an
not in a "series or combination of overt or criminal acts" absurd situation whereby two or more complaints or
as required in R.A. No. 7080 Informations could no longer be amended into one or
more Informations.
Held:

YES. Petitioner’s contention that R.A. No. 7080 is


unconstitutional as applied to him is principally perched
on the premise that the Amended Information charged
him with only one act or one offense which cannot
constitute plunder.
Petitioner’s premise is patently false. A careful
examination of the Amended Information will show that it
is divided into three (3) parts: (1) the first paragraph
charges former President Joseph E. Estrada with the
crime of plunder together with petitioner Jose “Jinggoy”
Estrada, Charlie “Atong” Ang, Edward Serapio, Yolanda
Ricaforte and others; (2) the second paragraph spells
out in general terms how the accused conspired in
committing the crime of plunder; and (3) the following
four sub-paragraphs (a) to (d) describe in detail the
predicate acts constitutive of the crime of plunder

12

You might also like