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Rule 120 - 126 ROC Cases
Rule 120 - 126 ROC Cases
In either case, the judgment shall determine if the act or
RULE 120 omission from which the civil liability might arise did not exist.”
JUDGMENT
ROMERO vs PEOPLE
FACTS:
Petitioner was driving a bus along a highway in Camarines Sur when it got
into a headon collision with a taxi, killing six people. Petitioner was charged
with Reckless Imprudence Resulting In Multiple Homicide and Multiple
Serious Physical Injuries With Damage To Property.
MERCEDITA T. GUASCH v. ARNALDO DELA CRUZ
After trial on the merits, the MTC acquitted petitioner of the crime charged. G.R. No. 176015, 16 January 2009, FIRST DIVISION (Puno, C.J.)
Petitioner was, however, held civilly liable and was ordered to pay the heirs
of the victims the total amount of P3,541,900 by way of actual damages, civil It is a cherished rule of procedure that a court should always strive to settle
indemnity for death, moral damages, temperate damages and loss of earning entire controversy in a single proceeding leaving no root or branch to bear
capacity. the seeds of future litigation.
Petitioner appealed to the RTC Pili, Camarines Sur, claiming that the FACTS
MTC erred in holding him civilly liable in view of his acquittal. The RTC
affirmed the MTC judgment. Arnaldo dela Cruz (Dela Cruz) filed a ComplaintAffidavit against Mercedita
T. Guasch (Guasch) with the City Prosecutor of Manila. He alleged that the
Refusing to give up, petitioner appealed to the Court of Appeals which latter was his neighbor and kumadre. On several occasions, petitioner
rendered the assailed decision14 affirming the RTC. He argued that his transacted business with him by exchanging cash for checks of small amount
acquittal should have freed him from payment of civil liability. He also without interest. One time, Guasch went to his residence requesting him to
exchange her check with cash of P3,300,000.00. Initially he refused, but he
claims that he should be totally exonerated from any liability because it was
was later convinced to give her the amount in cash in exchange for her Insular
Gerardo Breis, Sr., not the regular driver, Jimmy Padua, who was actually
Savings Check, upon her assurance that she will have the funds and bank
driving the taxi at the time of the accident, which was clearly in violation of
deposit to cover it before the date therein. On the date of maturity and upon
insurance and transportation laws.
presentment, however, the check was dishonored for the reason that the
account which it was drawn was already closed.
ISSUE: Should the petitioner be held civilly liable even after his acquiital?
An Information for estafa was filed. After petitioner entered her plea of not
HELD: YES.
guilty and after the prosecution rested its case, petitioner filed a Motion With
Leave To Admit Demurrer to Evidence with attached Demurrer to Evidence.
While petitioner was absolved from criminal liability because his
The trial court granted the demurrer to evidence, as a result, the case was
negligence was not proven beyond reasonable doubt, he can still be held
dismissed. It found that respondent’s assertion of misrepresentation by
civilly liable if his negligence was established by preponderance of
the petitioner that her check will be fully funded on the maturity date was
evidence. In other words, the failure of the evidence to prove negligence with
not supported by evidence on record. Accordingly, her guilt not having
moral certainty does not negate (and is in fact compatible with) a ruling that
been proven beyond reasonable doubt, petitioner was acquitted.
there was preponderant evidence of such negligence. And that is sufficient to
hold him civilly liable.
On 25 June 2005, respondent received a copy of the said order. On 14
EXCEPTION: Section 2, Rule 111 and Section 2, Rule 120 of the Rules of July 2005, he filed a Manifestation with attached Motion to Amend Order
Court provide: to include a finding of civil liability of petitioner. In the Manifestation, Dela
Cruz’s counsel justified his failure to file the motion within the reglementary
“Sec. 2. When separate civil action is suspended.—x x x period of 15 days because all postal services in Metro Manila were allegedly
“The extinction of the penal action does not carry ordered closed in the afternoon due to the rally staged on Ayala Avenue.
with it extinction of the civil action. However, the civil action
based on delict shall be deemed extinguished if there is a In the meantime, respondent filed a petition for certiorari with the Court of
finding in a final judgment in the criminal action that the act or Appeals praying that the trial court’s order granting the demurrer to evidence
omission from which the civil liability may arise did not exist.“ be set aside.
Sec. 2. Contents of the judgment.—x x x The trial court denied Dela Cruz’s Motion to Amend its Order finding
“In case the judgment is of acquittal, it shall state whether the that the counsel for respondent was inexcusably negligent, hence, the
evidence of the prosecution absolutely failed to prove the guilt of Order has become final and executory. Dela Cruz filed a Motion for
the accused or merely failed to prove his guilt beyond reasonable Reconsideration of the same, but it was also denied. Later, respondent filed a
Notice of Appeal informing the trial court that he was appealing said Orders, action. Hence, since the civil action is deemed instituted with
but it was likewise denied. the criminal action, the trial court was dutybound to
determine the civil liability of petitioner pursuant to paragraph
Consequently, Dela Cruz filed a Supplemental Petition for Certiorari with the 2, Section 2, Rule 120 of the Rules on Criminal Procedure
Court of Appeals (CA) to set aside the Orders of the trial court denying his
which provides that “in case the judgment is of acquittal, it shall
Motion to Amend its Order. The appellate court held that the granting of the
state whether the evidence of the prosecution absolutely failed
demurrer to evidence was not made with grave abuse of discretion as it found
to prove the guilt of the accused or merely failed to prove his
that the lower court did not anchor the acquittal of petitioner on evidence other
guilt beyond reasonable doubt. In either case, the judgment
than that presented by the prosecution as contended by the petitioner. On the
shall determine if the act or omission from which the civil
other hand, the CA found the trial court’s denial of the Motion to Amend
liability might arise did not exist.”
of the respondent was tainted with grave abuse of discretion as matters of
paramount importance outweigh rules of procedure like in the instant
2. It cannot be said that Guash will be unduly prejudiced if Dela
case.
Cruz’s Motion to Amend for the sole purpose of including the
civil liability of petitioner in the order of acquittal shall be
Guasch filed a Motion for Partial Reconsideration, arguing the CA erred in
ruling that the trial court committed grave abuse of discretion when it denied allowed. Foremost, petitioner admits her civil obligation to
respondent’s Motion to Amend. However, the same was denied. Hence, this respondent. Respondent concededly has an available remedy even
petition. if his Motion to Amend was denied, which is to institute a separate
civil action to recover petitioner’s civil liability. However, to
ISSUE require him to pursue this remedy at this stage will only prolong
the litigation between the parties which negates the avowed
Whether the Court of Appeals erred in holding that the trial court committed purpose of the strict enforcement of reglementary periods to
grave abuse of discretion when it denied respondent’s Motion to Amend. appeal, that is, to put an end to judicial controversies. Not only will
that course of action be a waste of time, but also a waste of the
HELD. NO. resources of both parties and the court as well.
A review of the records shows that the evidence to make a determination
GENERAL RULE: the statutory requirement that when no motion for
of Guash’s civil liability is already at the disposal of the trial court.
reconsideration is filed within the reglementary period, the decision
For example, the checks covering the amounts owed by petitioner to
attains finality and becomes executory in due course must be strictly
respondent in the total amount of ₱3,300,000.00 were already submitted by
enforced as they are considered indispensable interdictions against
petitioner to the trial court as Annexes to the Motion to Quash that she filed.
needless delays and for orderly discharge of judicial business .
The purposes for such statutory requirement are twofold: first, to avoid delay
Neither can it be said that petitioner’s right to due process shall be
in the administration of justice and thus, procedurally, to make orderly the
violated if her civil liability be determined in the same case.
discharge of judicial business, and, second, to put an end to judicial
In Padilla v. Court of Appeals, the Court held that there appear to be no sound
controversies, at the risk of occasional errors, which are precisely why courts
reasons to require a separate civil action to still be filed considering that the
exist. Controversies cannot drag on indefinitely. The rights and obligations of
every litigant must not hang in suspense for an indefinite period of time. facts to be proved in the civil case have already been established in the
criminal proceedings where the accused was acquitted. To require a separate
However, in exceptional cases, substantial justice and equity civil action simply because the accused was acquitted would mean
considerations warrant the giving of due course to an appeal by needless clogging of court dockets and unnecessary duplication of
suspending the enforcement of statutory and mandatory rules of litigation with all its attendant loss of time, effort, and money on the part
procedure . of all concerned.
Certain elements are considered for the appeal to be given due course, such as:
(1) the existence of special or compelling circumstances, (2) the merits of
the case, (3) a cause not entirely attributable to the fault or negligence of
the party favored by the suspension of the rules, (4) lack of any showing
that the review sought is merely frivolous and dilatory, and (5) the other PEOPLE vs. DE GRANO G.R. No. 167710
party will not be unduly prejudiced thereby.
FACTS:
Several of these elements obtain in the case at bar. An Information for murder committed against Emmanuel
1. First, there is ostensible merit to respondent’s cause. The record Mendoza was filed with RTC Batangas, against Joven de Grano
show that Guasch admits her civil obligation to Dela Cruz. In her (Joven), Armando de Grano (Armando), and Estanislao Lacaba
KontraSalaysay, petitioner alleged that she owed respondent a (Estanislao), together with their coaccused Leonides Landicho
total of ₱3,300,000.00 as a result of their joint lending business (Leonides), Domingo Landicho (Domingo), and Leonardo Genil
whereby petitioner borrows money from respondent with interest (Leonardo), who were atlarge.
and petitioner, in turn, lends the money to her clients. Respondent Duly arraigned, Joven, Armando, and Estanislao pleaded “not
did not waive, reserve, nor institute a civil action for the recovery guilty” to the crime as charged; while their coaccused Leonides,
of civil liability. Leonardo, and Domingo remained atlarge.
Thereafter, respondents filed a motion for bail contending that the
As correctly observed by the Court of Appeals, respondent’s actual prosecution’s evidence was not strong
and active participation in the criminal proceedings through a One of the accused was the incumbent Mayor of Laurel, Batangas
private prosecutor leaves no doubt with respect to his intentions to at the time when the crime was committed, the State Prosecutor
press a claim for the unpaid obligation of petitioner in the same
moved that the venue be transferred from RTC Batangas to RTC duty, or to a virtual refusal to perform a duty enjoined by law, as where the
Manila power is exercised in an arbitrary and despotic manner because of passion or
Before transferring the case, the trial court deferred the resolution hostility.
of respondents’ motion for bail and allowed the prosecution to
present evidence By way of exception, a judgment of acquittal in a criminal case may be
Thereafter, the hearing of the application for bail ensued, the assailed in a petition for certiorari under Rule 65 of the Rules of Court,
prosecution’s evidence to prove treachery and evident but only upon a clear showing by the petitioner that the lower court, in
premeditation was not strong, the RTC Manila, granted acquitting the accused, committed not merely reversible errors of
respondents’ motion for bail. A motion for reconsideration was judgment but also grave abuse of discretion amounting to lack or excess
filed, but it was denied. of jurisdiction, or to a denial of due process, thus rendering the assailed
The prosecution then filed a petition for certiorari with the CA, but judgment void. In which event, the accused cannot be considered at risk
was denied of double jeopardy—the revered constitutional safeguard against
Aggrieved, they sought recourse before this Court. In a Resolution, exposing the accused to the risk of answering twice for the same offense.
this Court granted the petition and set aside the decision of the CA
together with the Order of the RTC granting bail to the
Although this Court does not absolutely preclude the availment of the remedy
respondents.
of certiorari to correct an erroneous acquittal, the petitioner must clearly and
The RTC was also ordered to immediately issue a warrant of arrest
convincingly demonstrate that the lower court blatantly abused its
against the accused. As a result, Estanislao was rearrested, but
authority to a point so grave and so severe as to deprive it of its very
Joven and Armando were not.
power to dispense justice.
Consequently, the case was remanded to the RTC for further
proceedings, including the rendition of its decision on the merits.
Thus, the accused who failed to appear without justifiable cause shall lose the
The RTC rendered a Decision finding several accused guilty of
remedies available in the Rules against the judgment. However, within 15
the offense as charged.
days from promulgation of judgment, the accused may surrender and file a
Only Estanislao was present at the promulgation despite due notice motion for leave of court to avail of these remedies. He shall state in his
to the other respondent motion the reasons for his absence at the scheduled promulgation, and if he
Respondents, thru counsel, then filed a Joint Motion for proves that his absence was for a justifiable cause, he shall be allowed to avail
Reconsideration praying that the Decision be reconsidered and of said remedies within 15 days from notice
set aside and a new one be entered acquitting them.
In its Opposition, the prosecution pointed out having opted to The RTC clearly exceeded its jurisdiction when it entertained the joint Motion
become fugitives and be beyond the judicial ambit, they lost their for Reconsideration with respect to the respondents who were at large. It
right to file such motion for reconsideration and to ask for should have considered the joint motion as a motion for reconsideration that
whatever relief from the court was solely filed by Estanislao. Being at large, Joven and Domingo have not
The RTC issued an Order modifying
its earlier decision by regained their standing in court. Once an accused jumps bail or flees to a
foreign country, or escapes from prison or confinement, he loses his standing
acquitting Joven and Armando, and downgrading the
in court; and unless he surrenders or submits to the jurisdiction of the court, he
conviction of Domingo and Estanislao from murder to
is deemed to have waived any right to seek relief from the court.
homicide.
Petitioner and the prosecution filed a Petition for certiorari DISPOSITIVE: WHEREFORE, the petition is GRANTED. The Resolutions
under Rule 65 of the Rules of Court before the CA dated January 25, 2005 and April 5, 2005, issued by the Court of Appeals in
The petition was dismissed outright by the CA on the grounds that CAG.R. SP No. 88160, are REVERSED and SET ASIDE. The pertinent
it was not filed by the OSG and that the assailed orders were only portions of the Order dated April 15, 2004 issued by the Regional Trial Court,
photocopies and not certified true copies. In denying the motion, convicting Domingo Landicho of the crime of Homicide and acquitting
the CA opined that the rule on double jeopardy prohibits the Armando de Grano and Joven de Grano, are ANNULLED and DELETED. In
state from appealing or filing a petition for review of a all other aspects, the Order stands.
judgment of acquittal that was based on the merits of the case.
Thereafter, Almuete filed a Motion for Repromulgation before the RTC,
which the latter denied including his subsequent MR. He sought for the writ of
HELD: certiorari but his petition was dismissed by the CA. Now, claiming the RTC’s
denial of repromulgation denied him his right to appeal, he brought a petition
Sec. 7, Rule 120, ROC. In judgments of conviction, errors in the decision for review before the SC.
cannot be corrected unless
a. the accused consents thereto; or Issue
b.he, himself, moves for reconsideration of, or appeals from, the Whether or not the denial by the RTC of his Motion for Repromulgation is in
decision. order.
Records show that after the promulgation of the judgment convicting Ruling The denial is proper.
Geren of bigamy, it was petitioner (as private complainant) who moved The denial of the Motion for repromulgation is in accordance with
for the reconsideration14 of the RTC decision. Administrative Circular No. 1693 (issued September 9, 1993) and the
This was timely opposed by Geren, invoking his right against double promulgation of judgment by the RTC in his absence is valid. The
jeopardy. The requisite consent of the accused is intended to protect him from Decision of the SC in the original case (People vs. CA) dated June 10, 2004,
having to defend himself anew from more serious offenses or penalties which has attained finality with an Entry of Judgment made on February 15, 2005.
the prosecution or the court may have overlooked. Thus, petitioners right to appeal has long prescribed.
Doctrine
The procedure for the promulgation of judgments in the trial courts in
Almueta V. People, G.R. No. 179611, March 12, 2013 criminal cases, differs from that prescribed for the SC and the CA where
promulgation is effected by filing the signed copy of the judgment with the
Clerk of Court who causes true copies thereof to be served upon the parties.
FACTS
"The certified copy of the judgment is sent by the clerk of the appellate court
Efren Almuete, Johnny Ila and Joel Lloren were convicted by the RTC of
to the lower court under section 9 of rule 53, not for the promulgation or
Nueva Viscaya of illegal logging under Section 68 of PD 705 or the Revised
reading thereof to the defendant, but for the execution of the judgment against
Forestry Code, on Sept. 8, 1998.
him," it "not being necessary to promulgate or read it to the defendant,
because it is to be presumed that accused or his attorney had already been
On the scheduled date of promulgation, petitioners counsel informed the trial
notified thereof in accordance with sections 7 and 8, as amended, of the same
court that Almuete and Lloren were ill and Ila was not notified of the
Rules 53 (now sections 9 and 10 of Rule 51)," and that the duty of the court of
scheduled promulgation. The RTC, however, found their absence
first instance in respect to such judgment is merely to see that it is duly
inexcusable and proceeded to promulgate its Decision as scheduled, executed when in their nature the intervention of the court of first instance is
finding the three guilty beyond reasonable doubt, as charged and sentenced necessary to that end.
each to suffer the penalty of 18 years, 2 months and 21 days of reclusion
temporal as minimum period to 40 years of reclusion perpetua as maximum
period.
SALVADOR v. CHUA
Instead of filing an appeal, accused filed a petition for certiorari under
Rule 65 which the CA granted, disposing the case in this wise, to wit:
FACTS:
WHEREFORE, premises considered, the present petition is hereby
GRANTED. On the basis of the evidence on record, accused Efren
The petitioner and his wife Marinel Salvador were charged in the
RTC with estafa. On March 30, 2011, the date scheduled for the
S. Almuete should be, as he is hereby ACQUITTED of the
promulgation of the judgment, their counsel moved for the
charge against him.
deferment of the promulgation inasmuch as the petitioner was then
suffering from hypertension. Unconvinced of the reason, the RTC
The court a quo is ORDERED to repromulgate the decision in
proceeded to promulgate its decision ruling the Spouses guilty.
the presence of the accused Ila and Lloren, duly assisted by
The RTC then issued a warrant for the petitioner's arrest. He was
counsel of their own choice, after notice and allow them to appeal.
apprehended on April 7, 2011, or eight days from the promulgation
Let the complete records of this case be remanded to the court a
of the judgment finding him guilty.
quo.
The petitioner filed his Motion for Leave to file Notice of Appeal
SO ORDERED.?r?l1 dated April 13, 2011, and attached thereto the medical certificate
dated March 30, 2011 purportedly issued by Dr. David, certifying
that the petitioner had submitted himself to a medical consultation
and had been found to be suffering from hypertension.
RTC Judge Dela Cruz initially denied the petitioner's Motion for Under Section 6, supra, the personal presence of the petitioner at the
Leave to file Notice of Appeal on the ground of noncompliance promulgation of the judgment in the Criminal Case was mandatory because
with Section 6, Rule 120 of the Rules on Criminal Procedure. the offense of which he was found guilty was not a light felony or offense. He
Thereafter, the respondent filed her Motion for Execution praying was charged with and actually found guilty of estafa, and meted the
for the issuance of the writ of execution on the civil aspect. indeterminate sentence of four years and two months of prision correccional,
The petitioner moved for the reconsideration, which was granted. as minimum, to 20 years of reclusion temporal, as maximum. Based on the
records, the promulgation of the judgment was on March 30, 2011; hence, the
Chua filed certiorari in the CA to nullify the order the CA granted
petitioner had only until April 14, 2011 within which to meet the mandatory
it. Issue is whether Salvador has lost his standing for failure to
requirements under Section 6, supra.
appear the promulgation of his conviction. SC upheld CA’s
decision. His presence was mandatory since he was charged with
In the attempt to regain his right to avail himself of the remedies under the
estafa (more than 6 years). Dr. David directly impugned the
Rules of Court, the petitioner filed a Motion for Leave to File a Notice of
certificate and was proven to be unauthenticated. The CA justly
Appeal, and attached thereto the medical certificate issued by Dr. David. Yet,
discredited this as proof. Whether or not he had a valid excuse, he
he did not thereby establish that his absence had been for a justifiable cause
did not surrender validly to the court. His failure amounts to
because the purported issuer himself, Dr. David, directly impugned the
conviction.
credibility of this certificate by denying to have issued the certificate, and to
have examined the petitioner on March 30, 2011, or to have signed the
ISSUE:
certificate, or that the Rizal Medical Center issued the certificate. The
Whether the petitioner had lost his standing in court for his failure to appear at
petitioner later submitted another medicate certificate, which, aside from
the promulgation of his conviction.
being belatedly issued, went unsupported and unauthenticated by the
testimony of the alleged issuing physician, who turned out to be an OB
RULING:
Gynecologist. The CA justly discredited the certificates.
We DENY the petition for its lack of merit. Petitioner has lost his right to
appeal his conviction Section 6, Rule 120 of the Rules of Criminal Procedure
Even assuming that he had suffered hypertension, which could have validly
pertinently states:
excused his absence from the promulgation, the petitioner did not fulfill the
Section 6. Promulgation of judgment. The judgment is
other requirement of Section 6, supra, to surrender himself to the trial court.
promulgated by reading it in the presence of the accused and any
The term surrender used in the rule visibly necessitated his physical and
judge of the court in which it was rendered. However, if the
voluntary submission to the jurisdiction of the court to suffer any
conviction is for a light offense, the judgment may be pronounced
consequences of the verdict against him.
in the presence of his counsel or representative. When the judge is
absent or outside the province or city, the judgment may be
In its assailed decision, therefore, the CA unavoidably declared the petitioner
promulgated by the clerk of court.
to have lost his standing in court because of his noncompliance with Section
6, supra. His failure to fulfill the requirements rendered the conviction final
In case the accused fails to appear at the scheduled date of promulgation of
and immutable. He ought to be reminded that the right to appeal, being neither
judgment despite notice, the promulgation shall be made by recording the
a natural right nor a part of due process, is a merely statutory privilege that
judgment in the criminal docket and serving him a copy thereof at his last
should be exercised in the manner and in accordance with the provisions of
known address or thru his counsel.
the law establishing the right; otherwise, it is lost.
If the judgment is for conviction and the failure of the accused to appear was
without justifiable cause, he shall lose the remedies available in these rules
against the judgment and the court shall order his arrest. Within fifteen (15)
days from promulgation of judgment, however, the accused may surrender
and file a motion for leave of court to avail of these remedies. He shall state
the reasons for his absence at the scheduled promulgation and if he proves that
his absence was for a justifiable cause, he shall be allowed to avail of said
remedies within fifteen (15) days from notice.
As the rule expressly indicates, the promulgation of the judgment of
conviction may be done in absentia. The accused in such case is allowed a
period of 15 days from notice of the judgment to him or his counsel within
which to appeal; otherwise, the decision becomes final. The accused who fails
to appear at the promulgation of the judgment of conviction loses the remedies
available under the Rules of Court against the judgment, specifically: (a) the
filing of a motion for new trial or for reconsideration (Rule 121), and (b) an RULE 121 & 122
appeal from the judgment of conviction (Rule 122). However, the Rules of NEW TRIAL & RECONSIDERATION; APPEAL
Court permits him to regain his standing in court in order to avail himself of
these remedies within 15 days from the date of promulgation of the judgment
conditioned upon: (a) his surrender; and (b) his filing of a motion for leave of
court to avail himself of the remedies, stating therein the reason for his Sanico vs People
absence. Should the trial court find that his absence was for a justifiable cause,
he should .be allowed to avail himself of the remedies within 15 days from The petitioner and Marsito Batiquin were criminally charged for
notice of the order finding his absence justified and allowing him the available trespassing and theft of minerals in the Municipal Circuit Trial
remedies from the judgment of conviction. Court of CatmonCarmenSogod, Cebu
MCTC rendered its judgment on April 2, 2009 convicting the
accused
Sanico’s counsel filed a notice of appeal in the MCTC. to file the same. Hence, the dismissal of the petitioner’s appeal
Consequently, RTC, Branch 25, in Danao City ordered Sanico to cannot be properly premised on the failure to file the memorandum
file his memorandum on appeal. Sanico did not comply on appeal.
Atty. Dennis Cañete, another lawyer acting for Sanico, filed a Having timely perfected his appeal by filing the notice of
motion for reconsideration visàvis the dismissal of the appeal, appeal in the MCTC, the petitioner was entitled to expect that
stating that Sanico had not filed the memorandum on appeal the RTC would resolve his appeal in due course, whether he
because he had been beset with problems due to his wife’s filed his memorandum on appeal or not. The unwarranted
debilitating illness which eventually claimed her life, as well as dismissal of the appeal by the RTC was, therefore, an outright
denial of due process to him in a manner that occasioned severe
his counsel, Atty. Baring’s own medical condition which caused
prejudice because his conviction was not reviewed despite his
her to forget how she got this case and whom to contact as
firsttime appeal being a matter of right, and because his
principal counsel hereof.
conviction was then declared to have attained finality, causing the
RTC denied the motion for reconsideration because of its lack of
execution of the decision as to its civil aspect.
verification and affidavit of merit and because the supposed
The foremost noted defect was the nonpayment of the docket fees,
sickness of Sanico’s wife and the lapses of Atty. Baring were not
which, in other circumstances, would have alone warranted the
justifiable reasons.
outright rejection of the petition for review due to the mandatory
Sanico, through Atty. Cañete, filed a petition for review in the CA and jurisdictional character of the payment of the full amount of
CA denied the petition for review on the following grounds, docket fees within the prescribed period
namely: (a) the docket fees were not paid; (b) there was no proper Such payment was the condition sine qua non for the perfection of
proof of service of a copy of the petition for review on the adverse the appeal by petition for review, and only by such payment could
party; (c) the petitioner did not furnish to the RTC a copy of the the CA have acquired jurisdiction over the appeal.
petition for review; (d) there was no affidavit of service; (e) no
But the appeal of the conviction before the RTC had not yet
written explanation for not resorting to personal filing was filed; (f)
been completed, and, as such, the petition for review of the
the documents appended to the petition were only plain
petitioner was logically premature. In other words, it was plain
photocopies of the certified true copies; (g) no copies of pleadings
to the CA that it could not validly act on the petition for review. To
and other material portions of the record were attached; (h) the
insist otherwise would be unjust against the petitioner, considering
verification and certification of nonforum shopping were defective
that the wrong turn in procedure that had generated the whole
due to failure to contain a statement that the allegations therein
problem had been caused by the RTC.
were based on the petitioner’s personal knowledge; (i) the
verification and certification of nonforum shopping did not
contain competent evidence of identity of the petitioner; and (j)
the serial number of the commission of the notary public and the Michael Syiaco v. Eugene Ong
office address of the notary public were not properly indicated. Facts:
In the meantime, the counsel for respondent Jennifer S. Tenio filed Eugene Ong was the President while Michael Syiaco was the Chairman of the
an Ex Parte Motion for Entry of Judgment, which the RTC Board of Directors of TransAsia Securities, Inc. (TransAsia), a brokerage
authorized the issuance firm. Petitioner engaged the services of respondent, together with TransAsia's
Sanico filed an omnibus motion to recall the order and to quash the Chief Accountant Christina Dam (Dam), to purchase on his behalf
entry of judgment, but the RTC denied the omnibus motion 300,000,000 shares of stock of Palawan Oil and Gas Exploration (Palawan
Oil), now iVantage, Equities, Inc. (iVantage), for P3M and 25,000 shares of
Issue: stock of Equitable Banking Corporation (EBC) for P2,832,500.00. In payment
The petitioner contends that the CA erred in holding against him his former of the purchase price, petitioner purportedly issued several checks made
counsel’s gross and inexcusable negligence, thereby depriving him of his right payable to the account of TransAsia, and drawn against Rizal Commercial
to have the conviction reviewed by the RTC; that the petitioner was bound by Banking Corporation. Despite full payment, respondent allegedly refused to
the mistakes of his counsel in the realm of procedural technique deliver to petitioner the certificates of stock covering the same.
Held: In view of respondent's continued refusal to deliver the subject certificates
Yes despite demand, petitioner filed a criminal complaint against respondent and
Dam for estafa through misappropriation or conversion under Article
Ruling: 315(1)(b) of the Revised Penal Code on March 9, 1998.
RTC was guilty of the prejudicial error of misapplying
the Rules of Court in its dismissal of the appeal timely made by In his defense, respondent claimed that he delivered the certificates of stock of
the petitioner. In dismissing the appeal for the sole reason that he Palawan Oil to petitioner's sister, Haling Chua (Chua), in her office at the
Philippine Stock Exchange, as requested by petitioner. As to the EBC shares,
did not file the memorandum on appeal, the RTC wrongly relied
respondent maintained that there were still matters about said shares that
on Section 7, Rule 40 of the Rules of Court
needed to be cleared. Dam, for her part, denied any participation in the
The RTC thereby ignored Rule 122 of the Rules of Court, which
commission of the alleged estafa. She claimed that she was a mere accountant
specifically governed appeals in criminal cases
of TransAsia and, as such, her duties did not involve the recording of stock
The failure to file the memorandum on appeal is a ground for
transactions or the custody and delivery of its stock certificates.
the RTC to dismiss the appeal only in civil cases. The same rule
does not apply in criminal cases, because Section On July 15, 1998, the City Prosecutor of Manila dismissed the complaint
9(c), supra, imposes on the RTC the duty to decide the appeal “on against respondent and Dam. This was affirmed by the Department of
the basis of the entire record of the case and of such memoranda Justice (DOJ) in a resolution dated October 26, 1998, and subsequently
or briefs as may have been filed” upon the submission of the affirmed by the CA in a Decision dated Oct. 31, 2000. It held that element of
appellate memoranda or briefs, or upon the expiration of the period conversion or misappropriation was not duly proven by petitioner. The
appellate court noted that the checks were issued for the account of Trans when the evidence first came into existence or the time when it first came to
Asia, and that there was no showing how the money was converted by the knowledge of the party now submitting it. What is essential is that the
respondent and Dam to their personal use. The CA Decision became final offering party had exercised reasonable diligence in trying to locate such
and executory. evidence before or during trial (or investigation), but had nonetheless
failed to secure it. The Rules does not contain an exact definition of due
Notwithstanding the finality of the CA Decision, petitioner refiled the case diligence. It is often equated with "reasonable promptness to avoid prejudice
by instituting two criminal complaints against respondent and Dam for to the defendant." It has both a time component and a good faith component. It
estafa through misappropriation or conversion based on newly contemplates a situation where the party acts reasonably and in good faith to
discovered evidence. obtain evidence, in light of the totality of the circumstances and the facts
known to him.
1) The letters issued by the Corporate Secretary and Stock and Transfer
Assuming that the documents could not have been reasonably produced
Agent of iVantage Equities, Inc. stating that complainant and his brother
during the investigation, still, they will not qualify as newly discovered pieces
are not in the list of stockholders of iVantage Equities, Inc.
of evidence because they were not material to the issue. It was admitted by
petitioner that the checks (allegedly intended for the payment of the purchased
2) The Affidavit of Margarita dela Cruz, TransAsia's former Assistant
stocks) were issued for the account of TransAsia and not for the account of
VicePresident, stating that she does not remember having signed any check/s respondent. It is likewise undisputed that any two signatures of either
against TransAsia's account issued to and made payable to Palawan Oil or petitioner, respondent, or Dela Cruz were needed for any of TransAsia's
iVantage Securities or to Equitable Banking Corporation as payment for the transactions. Dela Cruz's affidavit even strengthened respondent's claim that it
shares of stocks bought for the private respondent. was impossible for the latter to misappropriate the funds, as his signature was
not sufficient to withdraw the amount from TransAsia's account.
3) The Minutes of Stockholders and Directors' Meeting of TransAsia,
held on April 30, 1998, authorizing petitioner to sign all stock certificates While it is true that in reviewing the findings of the DOJ, the settled rule is
and documents for any and all transactions consistent with the purpose of that the determination of probable cause is an executive function, one that
TransAsia Securities, Inc., so that according to private respondent, even if his properly pertains at the first instance to the public prosecutor and, ultimately,
money is still in the coffers of TransAsia, still, it is only petitioner who has to the Secretary of Justice.25 For this reason, the Court leaves the DOJ ample
access thereto considering that he has been designated as the sole signatory latitude of discretion in the determination of what constitutes sufficient
to all transactions of TransAsia. evidence to establish probable cause for the prosecution of supposed
offenders.26 Courts are not empowered to substitute their judgment for that of
4) The Affidavit of Haling Chua, denying receipt from [respondent] of any the executive branch; they may, however, look into the question of whether
stock certificates of Palawan Oil Shares or any document representing the such exercise has been made in grave abuse of discretion.
300,000,000 Palawan Oil Shares bought by petitioner
People of the Philippines vs PO2 Valdez
Office of the Chief State Proscutor (OSCP) dismissed complaint with G.R. No. 175602 February 13, 2013
respect to Dam, but found probable cause to indict respondent for estafa Facts:
through misappropriation or conversion. On MR, OSCP reversed and on P02 Eduardo Valdez and his brother Edwin Valdez was convicted for three
appeal SoJ recommended that respondent be indicted for crime of estafa counts of murder by the Regional Trial Court. The Court of appeals upheld the
involving Palawan Oil Shares. Same for EBC shares Regional Trial Court‘s decision. Both the Accused appealed to the Supreme
Court, but Edwin Valdez filed a motion to withdraw the appeal, which the
Respondent filed petitions for certiorari for CA which ruled in his favor. The court granted, thereby deeming Edwin‘s appeal closed and terminated. On
CA focused on the determination of whether the pieces of evidence might be January 18,2012, the Supreme Court promulgated its judgment on the appeal
regarded as newly discovered, and found that they were not. of P02 Eduardo Valdez, finding him guilty of three counts of homicide,
instead of three counts of murderbecause the prosecution failed to allege the
Petitioner filed PetRev on Certiorari facts and circumstances constituting treachery on the information. Thereafter,
Edwin Valdez sent to the Court Administrator a self explanatory letter, where
Issue: Whether pieces of evidence were newly discovered evidence he pleaded for the application to him of the judgment promulgated on January
18,2012 on the ground that the judgment would be beneficial to him as an
Ruling: accused.
No. The question of whether the pieces of evidence are newly discovered has
two aspects: a temporal one, i.e., when the evidence was discovered, and a Issue: Whether or not the judgement by the appellate court downgrading the
predictive one, i.e., when should or could it have been discovered penalty of Edwin’s coaccused is applicable to him.
Under the Rules of Court, the requisites for "newly discovered evidence" are: Held: Yes. On his part, Edwin cannot be barred from seeking the application
1) the evidence was discovered after trial (in this case, after investigation); 2) to him of the downgrading of the crimes committed (and the resultant lighter
such evidence could not have been discovered and produced during the trial penalties) despite the finality of his convictions for three counts of murder due
even with the exercise of reasonable diligence; and 3) it is material, not to his withdrawal of his appeal. The downgrading of the crimes committed
merely cumulative, corroborative, or impeaching, and is of such weight that, if would definitely be favorable to him. Worth pointing out is that to deny to him
admitted, will probably change the judgment. the benefit of the lessened criminal responsibilities would be highly unfair,
considering that this Court had found the two accused to have acted in concert
Requisites are not present. Although the letter of iVantage and the affidavits in their deadly assault against the victims, warranting their equal liabiliy under
of Chua and Margarita dela Cruz (Dela Cruz) were dated after the the principle of conspiracy.
investigation in the first estafa case, still, they do not qualify as newly We grant Edwin’s plea based on Section 11(a), Rule 122 of the Rules of
discovered. In order that a particular piece of evidence may be properly Court, which relevantly provides:
appreciated as newly discovered, what is essential is not so much the time
Section 11. Effect of appeal by any of several accused. – (a) An appeal taken Villareal signed the 3 checks. Doroteo had the 3 checks photocopied then
by one or more of several accused shall not affect those who did not appeal, released their originals to Aliga.
except insofar as the judgment of the appellate court is favorable and On instruction of Villareal, Doroteo and NBI agent David went to UCPB the
applicable to the latter. next day hoping that one of the checks will be encashed. Doroteo asked the
A literal interpretation of the phrase “did not appeal,” as espoused by private bank teller if Villareal’s 3 checks were encashed. The bank teller informed
respondent, will not give justice to the purpose of the provision. Doroteo that UCPB check in the amount of ₱65k was encashed. Doroteo was
It should be read in its entirety and should not be myopically construed so as surprised because she was then holding a photocopy of the original check for
to defeat its reason, i.e., to benefit an accused who did not join in the appeal of ₱5k while she saw the teller holding a check for ₱65k but the check number
his coaccused in case where the appellate judgment is favorable. In fact, and date were exactly the same as that of its photocopy. Obviously, the
several cases rendered by the Court applied the foregoing provision without number "6" was intercalated in the check by adding the said number before
regard as to the filing or nonfiling of an appeal by a co accused, so long as the digits "5,000.00." Upon Doroteo’s request, the teller gave her a photocopy
the judgment was favorable to him. of the supposedly altered check.
G.R. No 166995 January 13, 2014 Doroteo handed to Villareal the photocopy of the check bearing the amount of
₱65k. When summoned, Aliga arrived then executed a statement voluntarily
DENNIS T. VILLAREAL vs. CONSUELO C. ALIGA
giving back the amount of ₱60k to Villareal in the presence of his lawyers,
and Doroteo. The said statement was in Aliga’s handwriting.
FACTS:
After Aliga admitted the taking of the excess amount of ₱60k, the NBI agents
An Information was filed against Consuelo Aliga for the crime of Qualified
placed her under arrest and took her to the NBI detention center.
Theft thru Falsification of Commercial Document, when she being then an
accountant of Dentrade Inc., represented by Dennis Villareal, and who has
According to Corompido, he was bound for UCPB. Aliga requested him to
access to the company’s checking accounts, feloniously with grave abuse of
pay her "Extelcom" bill and asked him to meet her at the UCPB. After several
confidence, with intent to gain and without the consent of the owner, take,
minutes, the 2 met at the bank. Aliga handed to Corompido her "Extelcom"
steal and carry away from Villareal’s office, a UCPB Check in the amount of
bill and 1 personal check of Villareal in the amount of ₱65k. Aliga returned to
₱5k, once in possession of said check, falsify the amount by changing it to
Dentrade office. Corompido gave to the teller Aliga’s "Extelcom" payment
₱65k and having the same encashed with the bank, misappropriate and
and also the personal check of Villareal for ₱65k. The teller release the ₱65k
convert to her own personal use and benefit the amount of ₱60k to the damage
to Corompido who signed on the stamped portion of the check.
and prejudice of Dentrade Inc.
In Aliga’s defense, she claimed that, the NBI agents arrested her but they did
After RTC resolved to deny Villareal’s motion for issuance of a hold
not inform her of her constitutional rights to remain silent and to be assisted
departure order against Aliga and the latter’s motion to suspend proceedings,
by counsel; that she was not in charge of Villareal’s personal checking
trial on the merits ensued. Both the prosecution and the defense were able to
account, but Martirez; that Perez was the one in custody of the checkbooks
present the testimonies of their witnesses and their respective documentary
pertaining to the personal checking accounts of Villareal; that Doroteo was in
exhibits.
possession of another checkbook and kept it in Villareal’s residence. She
admitted that the UCPB and Chinabank checks were also used for the
Dennis Villareal is the Pres. and Gen. Mgr. of Dentrade, Inc. As a
replenishment of the cash advances made by Villareal; that the replenishment
businessman, Villareal maintains checking accounts with Chinabank and
was prepared using a typewriter by Martirez, Perez, Doroteo and herself; that
UCPB. He has under his employ, Elsa Doroteo, as Exec. Sec., Diosdado
there was no regulation or control mechanism in their office where the
Corompido, as messenger, Yolanda Martirez, as chief accountant, Consuelo
responsibility for preparing any particular check on the personal account of
Aliga and Annaliza Perez, as accounting clerks. Aliga has custody of
Villareal could be identified; that the issuance of checks against the personal
Villareal’s personal checks. She prepares the personal checks by typing its
checking accounts at the UCPB and Chinabank were frequent, from 5 to 12
contents and submits them to Villareal for his signature. After the signed
checks daily; and that there were no accompanying vouchers to record the
checks are delivered to her, she in turn, gives the checks to Corompido for
purposes for which the checks were issued; and that it was Martirez who
encashment with the bank.
monitors Villareal’s personal checks at the UCPB and Chinabank. At the time
she was summoned by Villareal, the 2 NBI agents and Villareal’s counsels
Villareal asked Doroteo for the payment for his children’s teacher in
were joined in by NBI Director Toledo. The extent of the NBI’s participation
horseback riding. Doroteo replied that the said fees had been paid. To verify
is disputed. While Aliga maintained that she was already arrested by the NBI
the matter, Doroteo instructed Perez, to produce the originals of the returned
at the moment she was called to Villareal’s office, David testified that they
checks from the personal account of Villareal. Upon examining the returned
were merely silent spectators, just witnessing the confrontation or interview
checks, Doroteo found out that the fees for the horseback riding instructor had
conducted by Villareal and not even talking to Aliga.
indeed been paid and that there were large encashments reflected on the
checks in typewritten form. Doroteo informed Villareal of her findings.
RTC finds Aliga GBRD of the charged.
Villareal examined the returned checks and was surprised as he never
authorized the large encashments.
On appeal, CA reversed and set aside the RTC’s judgment on the grounds
that: (1) Aliga’s admission or confession of guilt before the NBI authorities,
Upon advice of his lawyer, Villareal sent a letter to the NBI asking for
which already qualifies as a custodial investigation, is inadmissible in
assistance in the investigation of the matter. A few days thereafter, NBI agents
evidence bec. she was not informed of her rights to remain silent and to have
David and Ragos arrived at the Dentrade office. They examined the particular
competent and independent counsel preferably of her own choice; and (2) the
checks which involved large amounts and interviewed Doroteo.
totality of the circumstantial evidence presented by the prosecution is
insufficient to overcome the presumption of innocence of the accused. CA
When asked by the 2 NBI agents, Villareal told them that there were 3 UCPB
denied Villareal’s MR.
checks pending for his signature, all in petty cash. They were all in
typewritten form which Aliga prepared. As suggested by the NBI agents,
ISSUES:
Whether Villareal has no standing to file the instant petition for review on certiorari. the accused against double jeopardy would be violated. SC made this clear in
YES. People v. SB thus:
Whether the petition for review on certiorari should be dismissed on the ground of x x x A petition for review on certiorari under Rule 45 ROC and a petition for
double jeopardy. certiorari under Rule 65 ROC are 2 and separate remedies. A petition under
Whether the petition for review on certiorari should be dismissed for failure to show Rule 45 brings up for review errors of judgment, while a petition for certiorari
that CA committed grievous error in issuing the April 27, 2004 and Aug. 10, under Rule 65 covers errors of jurisdiction or grave abuse of discretion
2004 decisions amounting to excess or lack of jurisdiction. Grave abuse of discretion is not an
allowable ground under Rule 45. A petition for review under Rule 45 is a
RULING: mode of appeal. Under Sec. 1 of Rule 45, a party aggrieved by the decision or
final order of the SB may file a petition for review on certiorari with SC: “A
The petition should have been filed by the State through the OSG party desiring to appeal by certiorari from a judgment or final order or
resolution of the CA, the SB, the RTC, or other courts whenever authorized by
Villareal took a procedural misstep when he filed the petition without the law, may file with the SC a verified petition for review on certiorari. The
representation of OSG. In Bautista v. CunetaPangilinan, SC underscored: x x petition shall raise only questions of law which must be distinctly set forth.
x The authority to represent the State in appeals of criminal cases before the
SC and the CA is solely vested in the OSG. Sec. 35(1), Chap. 12, Title III, Bk. The provision must be read in relation to Sec. 1, Rule 122 ROC, which
IV 1987 Admin. Code explicitly provides that OSG shall represent the Phil. provides that any party may appeal from a judgment or final order "unless the
Govt., its agencies and instrumentalities and its officials and agents in any accused will thereby be placed in double jeopardy." The judgment that may be
litigation, proceeding, investigation or matter requiring the services of appealed by the aggrieved party envisaged in the Rule is a judgment
lawyers. It shall have specific powers and functions to represent the Govt. and convicting the accused, and not a judgment of acquittal. The State is barred
its officers in the SC and the CA, and all other courts or tribunals in all civil from appealing such judgment of acquittal by a petition for review.
actions and special proceedings in which the Govt. or any officer thereof in
his official capacity is a party. The OSG is the law office of the Govt. A judgment acquitting the accused is final and immediately executory upon its
promulgation, and that accordingly, the State may not seek its review without
To be sure, in criminal cases, the acquittal of the accused or the dismissal of placing the accused in double jeopardy. Such acquittal is final and
the case against him can only be appealed by the SolGen, acting on behalf unappealable on the ground of double jeopardy whether it happens at the RTC
of the State. The private complainant or the offended party may question or on appeal at the CA. TheState is proscribed from appealing the judgment of
such acquittal or dismissal only insofar as the civil liability of the accused is acquittal of the accused to SC under Rule 45 ROC.
concerned.
A judgment of acquittal may be assailed by the People in a petition for
In People v. Santiago, If a criminal case is dismissed by the trial court or if certiorari under Rule 65 ROC without placing the accused in double jeopardy.
there is an acquittal, an appeal therefrom on the criminal aspect may be However, in such case, the People is burdened to establish that the court a
undertaken only by the State through the SolGen. Only the SolGen may quo, in this case, the SB, acted without jurisdiction or grave abuse of
represent the People of the Phils. on appeal. The private offended party or discretion amounting to excess or lack of jurisdiction. The abuse of discretion
complainant may not take such appeal. However, the said offended party or must be so patent and gross as to amount to an evasion of a positive duty or
complainant may appeal the civil aspect despite the acquittal of the accused. virtual refusal to perform a duty imposed by law, or to act in contemplation of
law or where the power is exercised in an arbitrary and despotic manner by
In a special civil action for certiorari filed under Sec. 1, Rule 65 ROC wherein reason of passion and hostility.
it is alleged that the trial court committed a grave abuse of discretion
amounting to lack of jurisdiction or on other jurisdictional grounds, the rules The nature of certiorari action is an extraordinary remedy. Its use is confined
state that the petition may be filed by the person aggrieved. In such case, the to extraordinary cases wherein the action of the inferior court is wholly void.
aggrieved parties are the State and the private offended party or complainant. Its aim is to keep the inferior court within the parameters of its jurisdiction or
The complainant has an interest in the civil aspect of the case so he may file to prevent it from committing such a grave abuse of discretion amounting to
such special civil action questioning the decision or action of the respondent lack or excess of jurisdiction. No grave abuse of discretion may be attributed
court on jurisdictional grounds. In so doing, complainant should not bring the to the court simply bec. of its alleged misappreciation of facts and evidence.
action in the name of the People, but instead in the name of said complainant. While certiorari may be used to correct an abusive acquittal, the petitioner in
such extraordinary proceeding must clearly demonstrate that the lower court
In the case at bar, the petition filed essentially assails the criminal, not the blatantly abused its authority to a point so grave as to deprive it of its very
civil aspect of the CA Decision. It must even be stressed that Villareal never power to dispense justice.
challenged before the CA and SC, the RTC judgment which absolved Aliga
from civil liability in view of the return of the ₱60k subject matter of the The case does not fall within the exception to rule on double jeopardy
offense. The petition should have been filed only by the State through the
OSG. Villareal lacks the personality or legal standing to question the CA A judgment of acquittal, whether ordered by RTC or CA, is final,
Decision bec. it is only the OSG which can bring actions on behalf of the State unappealable, and immediately executory upon its promulgation.
in criminal proceedings before SC and CA.
The finalityofacquittal doctrine has several avowed purposes. Primarily, it
A judgment of acquittal may be assailed only in a petition for certiorari under prevents the State from using its criminal processes as an instrument of
Rule 65 ROC harassment to wear out the accused by a multitude of cases with accumulated
trials. It also serves the additional purpose of precluding the State, following
A petition for certiorari under Rule 65 ROC should have been filed instead of an acquittal, from successively retrying the defendant in the hope of securing a
petition for review on certiorari under Rule 45. The People may assail a conviction. And finally, it prevents the State, following conviction, from
judgment of acquittal only via petition for certiorari under Rule 65 of the retrying the defendant again in the hope of securing a greater penalty.
Rules. If the petition, regardless of its nomenclature, merely calls for an
ordinary review of the findings of the court a quo, the constitutional right of The rule against double jeopardy is not without exceptions, which are: (1)
Where there has been deprivation of due process and where there is a finding
of a mistrial, or (2) Where there has been a grave abuse of discretion under judgment finding him guilty. RTC Judge Eugenio G. DelaCruz initially denied
exceptional circumstances. Unfortunately for petitioner, SC find that these the petitioner's Motion for Leave to file Notice of Appeal on the ground of
exceptions do not exist in this case. noncompliance with Section 6, Rule 120 of the Rules on Criminal Procedure.
Judge Dela Cruz granted the petitioner's motion for reconsideration on
SC dismissed the petition. The acquittal of Aliga by CA is affirmed. October 26, 2011, thereby giving due course to his notice of appeal.
Prosecution, represented by the private prosecutor, filed its Motion for
Salvador v. Chua Reconsideration attaching to the motion the affidavit executed by Dr. Paolo
G.R. No. 212865 Miguel A. David affirming that he had not examined the petitioner on March
July 15, 2015 30, 2011; that he had not issued any medical certificate in favor of the
petitioner; that his name of Paolo had been misspelled Paulo in the medical
certificate submitted by the petitioner; that the signature appearing in the
Facts: The petitioner and his wife Marinel Salvador were charged in the
medical certificate was not his; and that the Rizal Medical Center did not
RTC with estafa penalized under Article 315 (a) of the Revised Penal Code.
officially issue the medical certificate in question. The case was reraffled to
The RTC then issued a warrant for the petitioner's arrest. He was
another judge. The second judge denied the Prosecution’s motion for
apprehended on April 7, 2011, or eight days from the promulgation of the
reconsideration. Private respondent commenced a special civil action for
judgment finding him guilty. RTC Judge Eugenio G. DelaCruz initially denied
certiorari with CA. CA granted the petition and nullified the assailed order of
the petitioner's Motion for Leave to file Notice of Appeal on the ground of
the second judge. MR was denied, hence this petition.
noncompliance with Section 6, Rule 120 of the Rules on Criminal Procedure.
Judge Dela Cruz granted the petitioner's motion for reconsideration on
Issue: W/N the order granting the notice of appeal was proper.
October 26, 2011, thereby giving due course to his notice of appeal.
Prosecution, represented by the private prosecutor, filed its Motion for
Held: No. The accused who fails to appear at the promulgation of the
Reconsideration attaching to the motion the affidavit executed by Dr. Paolo
judgment of conviction loses the remedies available under the Rules of Court
Miguel A. David affirming that he had not examined the petitioner on March
against the judgment, specifically: (a) the filing of a motion for new trial or for
30, 2011; that he had not issued any medical certificate in favor of the
reconsideration (Rule 121 ), and (b) an appeal from the judgment of
petitioner; that his name of Paolo had been misspelled Paulo in the medical
conviction (Rule 122). However, the Rules of Court permits him to regain his
certificate submitted by the petitioner; that the signature appearing in the
standing in court in order to avail himself of these remedies within 15 days
medical certificate was not his; and that the Rizal Medical Center did not
from the date of promulgation of the judgment conditioned upon: (a) his
officially issue the medical certificate in question. The case was reraffled to
surrender; and (b) his filing of a motion for leave of court to avail himself of
another judge. The second judge denied the Prosecution’s motion for
the remedies, stating therein the reason for his absence. Should the trial court
reconsideration. Private respondent commenced a special civil action for
find that his absence was for a justifiable cause, he should be allowed to avail
certiorari with CA. CA granted the petition and nullified the assailed order of
himself of the remedies within 15 days from notice of the order finding his
the second judge. MR was denied, hence this petition.
absence justified and allowing him the available remedies from the judgment
of conviction. Even assuming that he had suffered hypertension, which could
Issue: W/N the order granting the notice of appeal was proper.
have validly excused his absence from the promulgation, the petitioner did not
fulfill the other requirement of Section 6, supra, to surrender himself to the
Held: No. The accused who fails to appear at the promulgation of the
trial court. The term surrender used in the rule visibly necessitated his
judgment of conviction loses the remedies available under the Rules of Court
physical and voluntary submission to the jurisdiction of the court to suffer any
against the judgment, specifically: (a) the filing of a motion for new trial or for
consequences of the verdict against him.
reconsideration (Rule 121 ), and (b) an appeal from the judgment of
conviction (Rule 122). However, the Rules of Court permits him to regain his
standing in court in order to avail himself of these remedies within 15 days
from the date of promulgation of the judgment conditioned upon: (a) his
surrender; and (b) his filing of a motion for leave of court to avail himself of PEOPLE vs OLIVO
the remedies, stating therein the reason for his absence. Should the trial court
find that his absence was for a justifiable cause, he should be allowed to avail DOCTRINE: Findings of the trial court affirmed by the appellate court are
himself of the remedies within 15 days from notice of the order finding his accorded high respect, if not conclusive effect, by the Supreme Court, absent
absence justified and allowing him the available remedies from the judgment clear and convincing evidence that the tribunals ignored, misconstrued or
of conviction. Even assuming that he had suffered hypertension, which could misapplied facts and circumstances of substances such that, if considered, the
have validly excused his absence from the promulgation, the petitioner did not same will warrant the modification or reversal of the outcome of the case.
fulfill the other requirement of Section 6, supra, to surrender himself to the
trial court. The term surrender used in the rule visibly necessitated his FACTS: AccusedAppellants were found guilty reasonable doubt for the
physical and voluntary submission to the jurisdiction of the court to suffer any crime of Robbery with Homicide both by the RTC and Court of Appeals.
consequences of the verdict against him. Based from the Information filed, the three accused conspired to engaged in
robbery done in a hardware store. They were able to take P35,000 but on the
process, they assaulted and killed the store owner. The trial court convicted
the appellants as affirmed by the CA.
Salvador v. Chua
In their appeal to the Supreme Court, the accusedappellants raised in their
G.R. No. 212865 assignment of errors the following:
July 15, 2015
1) The State has the burden of proving the guilt of the accused beyond
Facts: The petitioner and his wife Marinel Salvador were charged in the reasonable doubt. It has to prove the identity of the accused as the
RTC with estafa penalized under Article 315 (a) of the Revised Penal Code. malefactor, as well as the fact of the commission of the crime for
The RTC then issued a warrant for the petitioner's arrest. He was which he is allegedly responsible;
apprehended on April 7, 2011, or eight days from the promulgation of the
2) The prosecution relied mainly on the testimony of the alleged eyewitness Procedure. The Court explained that if it were to strictly interpret the fresh
Maricel Permejo, but her testimony leaves much to be desired (that period rule in Neypes and make it applicable only to the period of appeal
Maricel Permejo did not point to them as the malefactors and she in civil cases, it shall effectively foster and encourage an absurd situation
only did so upon the instruction given in Camp Karingal. They where a litigant in a civil case will have a better right to appeal than an
point out that they were invited allegedly for violation of the anti
accused in criminal cases, this gives undue favor to civil litigants and
drugs law and were appalled to learn that they were charged with a
unjustly discriminates against the accusedappellants. This suggests a
different crime and the alleged witness was coached to identify
double standard of treatment when the Court favors a situation where property
them);
interests are at stake, as against a situation where liberty stands to be
prejudiced.
3) The alleged eyewitness claimed she saw the accusedappellant Joey
Zafra take the money from the cash register, she did not see how
and who killed Mariano Constantino. She merely claimed that she It is, thus, now settled that the fresh period rule is applicable in criminal
saw the accusedappellants armed and chase the deceased outside cases, like the instant case, where the accused files from a judgment of
the store. They conclude that whether or not the accusedappellants conviction a motion for new trial or reconsideration which is denied by the
indeed committed homicide on the occasion of the robbery is a trial court. The accused will have a fresh 15day period counted from
matter that has not been proven with the required moral certainty receipt of such denial within which to file his or her notice of appeal .
of guilt. Verily, the application of the statutory privilege of appeal must not prejudice
an accused who must be accorded the same statutory privilege as litigants in
The prosecution, through the Office of the Solicitor General, argues that civil cases who are granted a fresh 15day period within which to file an
findings of fact of the trial court are generally upheld on appeal and the appeal from receipt of the denial of their motion for new trial or
accusedappellants are assailing the correctness of the findings of fact of the reconsideration. It is indeed absurd and incongruous that an appeal from a
trial court by impugning the credibility of the prosecution. conviction in a criminal case is more stringent than those of civil cases. If the
Court has accorded litigants in civil cases under the spirit and rationale in
ISSUE: Should the decisions of the CA and the RTC still be disturbed? Neypes greater leeway in filing an appeal through the "fresh period rule," with
more reason that it should equally grant the same to criminal cases which
HELD: The general rule is factual findings of trial courts, when substantiated involve the accused’s "sacrosanct right to liberty, which is protected by the
by the evidence on record, command great weight and respect on appeal. Constitution, as no person should be deprived of life, liberty, or property
without due process of law."
EXCEPTION: When certain material facts and circumstances were
overlooked and which, if duly considered, may vary the outcome of the case. WHEREFORE, the instant petition is GRANTED. Accordingly, the April 14,
2009 Order of the RTC, Branch 24 in Manila and the assailed March 2, 2010
PS: Most of them were acquitted based on weakness of the evidence against Decision and June 29, 2010 Resolution of the CA in CAG.R. SP No. 108789
them. May mga hindi naacquit kasi hindi sila sumabay magappeal, akala nila are REVERSED and SET ASIDE. The Notice of Appeal of petitioner Rolex
oneforall and appeal. Rodriguez y Olayres dated January 29, 2009 is hereby GIVEN DUE
COURSE. Let the case records be elevated by the RTC to the CA for the
review of petitioner’s appeal with dispatch. No costs.
ROLEX RODRIGUEZ y OLAYRES v. PEOPLE OF THE
PHILIPPINES AND ALLIED DOMECQ SPIRITS AND WINES
G.R. No. 192799, 24 October 2012, THIRD DIVISION (Velasco, Jr., J.) JUDITH YU vs. SAMSON TATAD G.R. No. 170979
FACTS FACTS:
Based on the complaint of Spouses Sergio and Cristina Casaclang,
After promulgation of the Decision in a criminal case convicting Rolex an information for estafa against the petitioner was filed with the
Rodriguez (Rodriguez) for unfair competition, he filed a motion for RTC.
reconsideration before the Regional Trial Court (RTC) on the 15 th or last day
the RTC convicted the petitioner as charged. It imposed on her a
of the reglementary period to appeal. Fourteen days after receipt of the RTC
penalty of three (3) months of imprisonment (arresto mayor), a fine
Order denying the same, he filed his Notice of Appeal. Unfortunately, the
of ₱3,800,000.00 with subsidiary imprisonment, and the payment
same was denied on the ground of being filed out of time under Section 6,
of an indemnity to the Spouses Casaclang in the same amount as
Rule 122 of the Revised Rules of Criminal Procedure. Before the RTC, the
the fine.
Court of Appeals (CA), and now before the Supreme Court, petitioner was
Fourteen (14) days later, or on June 9, 2005, the petitioner filed a
unwavering in his assertion of the applicability of the fresh period rule as laid
motion for new trial with the RTC, alleging that she discovered
down in Neypes v. Court of Appeals.
new and material evidence that would exculpate her of the crime
for which she was convicted.
ISSUE
Respondent Judge denied the petitioner’s motion for new trial for
lack of merit
Whether or not the fresh period rule is applicable to appeals from conviction
in criminal cases governed by Section 6 of Rule 122 of the Rules of Court. Petitioner filed a notice of appeal with the RTC, alleging that
pursuant to our ruling in Neypes v. Court of Appeals, she had a
"fresh period" of 15 days from November 3, 2005, the receipt of
HELD
the denial of her motion for new trial, or up to November 18, 2005,
within which to file a notice of appeal
Yes. While Neypes was silent on the applicability of the fresh period rule to
criminal cases, the issue was squarely addressed in Yu v. Tatad, which
the prosecution filed a motion to dismiss the appeal for being filed
10 days late, arguing that Neypes is inapplicable to appeals in
expanded the scope of the doctrine in Neypes to criminal cases in appeals
criminal cases.
of conviction under Section 6, Rule 122 of the Revised Rules of Criminal
ISSUE: Whether the "fresh period rule" enunciated in Neypes applies to 2. PROSECUTION: Baleriano Limbag testified that the crime
appeals in criminal cases. happened around 10PM, May 14, 1989 inside his house when
petitioners, without search warrant, suddenly entered the house by
HELD: We find merit in the petition. destroying the main door and mauled him, striking with a garand
rifle, which caused his injuries. They looked for firearms but instead
The right to appeal is not a constitutional, natural or inherent right — it is a found and took away his airgun. His testimony was corroborated by
statutory privilege and of statutory origin and, therefore, available only if his nephew, Roberto Limbag living with him.
granted or as provided by statutes. It may be exercised only in the manner 3. DEFENSE: Petitioners denied the crime charged, declaring in
prescribed by the provisions of the law.The period to appeal is specifically unison that they were in their respective houses the entire evening of
governed by Section 39 of Batas Pambansa Blg. 129 (BP 129), as amended, May 14, 1989. They alleged, however, that the night before, they
Section 3 of Rule 41 of the 1997 Rules of Civil Procedure, and Section 6 of conducted a roving footpatrol, together with other barangay officials,
Rule 122 of the Revised Rules of Criminal Procedure. due to the rampant cattle rustling in the area.
4. RTC JUDGMENT: Guilty beyond reasonable doubt of the crime
The period of appeal shall be interrupted by a timely motion for new trial or of Less Serious Physical Injuries under the Article 265 of the RPC.
reconsideration. No motion for extension of time to file a motion for new trial The prosecution failed to prove that petitioners are public officers,
or reconsideration shall be allowed. which is an essential element of Article 128 of the RPC.
5. CA: REVERSED RTC. While it agreed with both parties that
Section 6, Rule 122 of the Revised Rules of Criminal Procedure reads: petitioners should not be convicted for Less Serious Physical
Injuries, CA ruled that they are guilty of Violation of Domicile
SEC. 6. When appeal to be taken. — An appeal must be taken within fifteen considering their judicial admissions that they were barangay captain
(15) days from promulgation of the judgment or from notice of the final order (Geroche) and part of the CAFGU (Garde and Marfil).
appealed from. This period for perfecting an appeal shall be suspended from 6. MR DENIED.APPEAL. PET’S ARGUMENTS:
the time a motion for new trial or reconsideration is filed until notice of the a. There is double jeopardy since the trial court already
order overruling the motion has been served upon the accused or his counsel acquitted them of Violation of Domicile and such
at which time the balance of the period begins to run. judgment, being now final and executory, is res judicata.
b. Their appeal before the CA is limited to their conviction
Thus, we agree with the OSG’s view that if a delay in the filing of an appeal for the crime of Less Serious Physical Injuries, focusing
may be excused on grounds of substantial justice in civil actions, with more their arguments and defense for acquittal from said crime,
reason should the same treatment be accorded to the accused in seeking the and that the CA violated their constitutional right to due
review on appeal of a criminal case where no less than the liberty of the process when it convicted them for Violation of
accused is at stake. The concern and the protection we must extend to matters Domicile.
of liberty cannot be overstated.1avvphi1
ISSUE/S: WON appeal before CA is limited to their conviction for crime of Less
In light of these legal realities, we hold that the petitioner seasonably filed her Serious Physical injuries and the judgment with regard to Violation of
notice of appeal on November 16, 2005, within the fresh period of 15 days, Domicile is res judicata and would place them in double jeopardy? NO.
counted from November 3, 2005, the date of receipt of notice denying her
motion for new trial. RULING: Court AFFIRMS the Decision finding petitioners guilty beyond
reasonable doubt of Violation of Domicile, penalized under Article 128 of the
DISPOSITIVE: WHEREFORE, the petition for prohibition is hereby RPC with the MODIFICATION that the penalty that should be imposed is an
GRANTED. Respondent Judge Rosa SamsonTatad is DIRECTED to CEASE indeterminate sentence from two (2) years and four (4) months of prision
and DESIST from further exercising jurisdiction over the prosecution’s correccional, as minimum, to four (4) years, nine (9) months and ten (10) days
motions to dismiss appeal and for execution of the decision. of prision correccional, as maximum.
Geroche vs. People GR No. 179080 November 26, 2014 RATIO: Petition denied.
1. An appeal in a criminal case opens the entire case for review on
Ponente: Peralta, J. any question including one not raised by the parties. When an
accused appeals from the sentence of the trial court, he or she waives
Doctrine: An appeal in a criminal case opens the entire case for review on the constitutional safeguard against double jeopardy and throws the
any question including one not raised by the parties. An appeal in a criminal whole case open to the review of the appellate court, which is then
case opens the entire case for review on any question including one not raised called upon to render such judgment as law and justice dictate. An
by the parties. When an accused appeals from the sentence of the trial court, appeal confers upon the appellate court jurisdiction to examine the
he or she waives the constitutional safeguard against double jeopardy and records, revise the judgment appealed from, increase (or reduce) the
throws the whole case open to the review of the appellate court, which is then penalty, and cite the proper provision of the penal law. The appellate
called upon to render such judgment as law and justice dictate. An appeal court may, and generally does, look into the entire records to ensure
confers upon the appellate court jurisdiction to examine the records, revise the that no fact of weight or substance has been overlooked,
judgment appealed from, increase (or reduce) the penalty, and cite the proper misapprehended, or misapplied by the trial court.
provision of the penal law. The appellate court may, and generally does, look 2. In this case, when petitioners appealed the trial court’s judgment of
into the entire records to ensure that no fact of weight or substance has been conviction for Less Serious Physical Injuries, they are deemed to
overlooked, misapprehended, or misapplied by the trial court. have abandoned their right to invoke the prohibition on double
jeopardy since it becomes the duty of the appellate court to correct
FACTS: errors as may be found in the assailed judgment. Petitioners could
1. Petitioners were charged with the crime of violation of domicile not have been placed twice in jeopardy when the CA set aside the
under RPC Art. 128 ruling of the RTC by finding them guilty of Violation of Domicile as
charged in the Information instead of Less Serious Physical Injuries.
3. The Court adopts the findings of fact and conclusions of law of the of r.a. [no.] 623, as amended by r.a. 5700, before the office of the city
CA. In their testimony before the open court as well as in the prosecutor of iloilo in i.s. no. 20152000 entitled "pnpcidg v. Rowland kim
pleadings they filed, neither Geroche denied that he was a barangay santos."
captain nor Garde and Marfil refuted that they were CAFGU
members. In holding such positions, they are considered as public II. Whether the petitioner should return the subject PRYCE LPG cylinder to
officers/employees. respondent despite uncontroverted evidence that the same were sold by the
latter to its customers.
III. Whether the petition for certiorari filed by respondent PRYCE with the
court of appeals should be dismissed for not being the proper remedy to assail
the orders of the trial court.
HELD:
1. YES. Wellsettled is the rule that the legality of a seizure can be
contested only by the party whose rights have been impaired thereby, and the
objection to an unlawful search and seizure is purely personal and cannot be
RULE 126 availed of by third parties. Petitioner is the real partyininterest to seek the
quashal of the search warrant for the obvious reason that the search warrant
SEARCH AND SEIZURE was directed against the premises and articles over which petitioner had
control and supervision. Petitioner was directly prejudiced or injured by the
Santos vs. Pryce Gasses seizure of the gas tanks because petitioner was directly accountable as
manager to the purported owner of the seized items.
2. NO. Section 4, Rule 12629 of the Revised Criminal Procedure
FACTS:
expressly mandates the delivery of the seized items to the judge who issued
Respondent Pryce Gases, Inc. is a domestic corporation engaged in
the search warrant to be kept in custodia legis in anticipation of the criminal
the manufacture of oxygen, acetylene and other industrial gases as well as in
proceedings against petitioner. The delivery of the items seized to the court
the distribution of LPG products in the Visayas and Mindanao regions. The
which issued the warrant together with a true and accurate inventory thereof,
LPG products are contained in steel cylinders that are exclusively
duly verified under oath, is mandatory in order to preclude the substitution of
manufactured for respondent’s use.
said items by interested parties. The judge who issued the search warrant is
In 2002, respondent’s employees suspected that the LPG cylinders
mandated to ensure compliance with the requirements for: (1) the issuance of
had been removed from market circulation and refilled by respondent’s
a detailed receipt for the property received, (2) delivery of the seized property
competitors because of the decline in the return of its LPG cylinders.
to the court, together with (3) a verified true inventory of the items seized.
Petitioner Rownland Kim Santos is the manager of Sun Gas, Inc., one of
Any violation of the foregoing constitutes contempt of court.
respondent’s competitors.
3. NO. The special civil action for certiorari was the proper recourse
Arnold T. Figueroa, respondent’s sales manager for Panay, sought availed by respondent in assailing the quashal of the search warrant. As
the assistance of the Criminal Investigation and Detection Group (CIDG) to aforementioned, the trial court’s unwarranted reversal of its earlier finding of
recover the LPG cylinders allegedly in the possession of Sun Gas, Inc. The probable cause constituted grave abuse of discretion. In any case, the Court
CIDG conducted surveillance on the warehouse of Sun Gas, Inc., and had allowed even direct recourse to this Court or to the Court of Appeals via a
requested with the Bureau of Fire Protection (BFP) to conduct a routine fire special civil action for certiorari from a trial court’s quashal of a search
inspection at Sun Gas, Inc.’s warehouse with some of the CIDG operatives warrant.
posing as BFP inspectors.
The CIDG operatives entered the warehouse and were able to take
photographs of the LPG cylinders and then applied before the RTC of Iloilo
City for a warrant to search the premises which the latter granted. After the
CIDG searched the premises, they recovered multiple Pryce LPG tank
cylinders. Pilipinas Shell Petroleum Corporation and Petron Corp. v. Romars
Petitioner filed a Motion to Quash the search warrant on the International Gases Corp.
grounds that it violated Article 3, Section 2 of the Constitution because Facts:
deception and fraud were employed in obtaining evidence in support of the Petitioners received information that respondent was selling, offering for sale,
search warrant and there was a lack of probable cause. or distributing liquefied petroleum gas (LPG) by illegally refilling the steel
cylinders manufactured by and bearing the duly registered trademark and
Meanwhile, the CIDG filed a criminal complaint against the
device of respondent Petron. Petron then obtained the services of a paralegal
petitioner, charging the latter with violation of RA 623.
investigation team who sent their people to investigate. The investigators went
The trial court granted the petitioner’s Motion to Quash, based on
to respondent's premises located in San Juan, Baao, Camarines Sur, bringing
the reason that the probable cause as found by it at the time of the application
along four empty cylinders of Shellane, Gasul, Total and Superkalan and
for search warrant fell short of the requisite probable cause necessary to
asked that the same be refilled. Respondent's employees then refilled said
sustain the validity of the search warrant.
empty cylinders at respondent's refilling station. The refilled cylinders were
Respondent filed a manifestation and motion to hold in abeyance
brought to the Marketing Coordinator of Petron Gasul who verified that
the release of the seized items. It also filed a motion for reconsideration but
respondent was not authorized to distribute and/or sell, or otherwise deal with
was denied. Respondent elevated the matter to the Court of Appeals via a
Petron LPG products, and/or use or imitate any Petron trademarks. Petitioners
special civil action for certiorari, which ruled in favour of the respondent.
then requested the NBI to investigate said activities of respondent for the
purpose of apprehending and prosecuting establishments conducting illegal
ISSUES:
refilling, distribution and/or sale of LPG products using the same containers of
I. Whether petitioner has the legal personality to assail the search warrant for
Petron and Shell, which acts constitute a violation of Section 168 in relation to
he was named respondent therein and was subsequently charged for violation
Section 170 R.A. No. 8293, otherwise known as the Intellectual Property
Code of the Philippines, and/or Section 25 of R.A. No. 623, otherwise known that the Court has ruled in a number of cases that the omnibus motion rule is
as An Act To Regulate the Use of Duly Stamped or Marked Bottles, Boxes, applicable to motions to quash search warrants. Furthermore, the Court
Casks, Kegs, Barrels and Other Similar Containers. distinctly stated in Abuan v. People, that "the motion to quash the search
warrant which the accused may file shall be governed by the omnibus motion
The NBI proceeded with their investigation and reportedly found commercial rule, provided, however, that objections not available, existent or known
quantities of Petron Gasul and Shellane cylinders stockpiled at respondent's during the proceedings for the quashal of the warrant may be raised in the
warehouse. They also witnessed trucks coming from respondent's refilling hearing of the motion to suppress
facility loaded with Gasul, Shellane and Marsflame cylinders, which then
deposit said cylinders in different places, one of them a store called "Edrich The omnibus motion rule, therefore, the trial court could only take cognizance
Enterprises" located at 272 National Highway, San Nicolas, Iriga City. The of an issue that was not raised in the motion to quash if, (1) said issue was not
investigators then bought Shellane and Gasul cylinders from Edrich available or existent when they filed the motion to quash the search warrant;
Enterprises, for which they were issued an official receipt. or (2) the issue was one involving jurisdiction over the subject matter.
Obviously, the issue of the defect in the application was available and existent
NBI, in behalf of Petron and Shell, filed with the RTCNaga, two separate at the time of filing of the motion to quash. What remains to be answered then
Applications for Search Warrant for Violation of Section 155.1 in relation to is, if the newly raised issue of the defect in the application is an issue of
Section 170 of R.A. No. 8293 against respondent and/or its occupants. On jurisdiction.
October 23, 2002, the RTCNaga City issued an Order granting said
Applications and Search Warrant Nos. 200227 and 200228 were issued. On an application for a search warrant is a "special criminal process," rather than
the same day, the NBI served the warrants at the respondent's premises in an a criminal action:
orderly and peaceful manner, and articles or items described in the warrants
were seized. The basic flaw in this reasoning is in erroneously equating the application for
and the obtention of a search warrant with the institution and prosecution of a
On November 4, 2002, respondent filed a Motion to Quash Search Warrant criminal action in a trial court. It would thus categorize what is only a special
Nos. 200227 and 200228, where the only grounds cited were: (a) there was criminal process, the power to issue which is inherent in all courts, as
no probable cause; (b) there had been a lapse of four weeks from the date of equivalent to a criminal action, jurisdiction over which is reposed in specific
the testbuy to the date of the search and seizure operations; (c) most of the courts of indicated competence. It ignores the fact that the requisites,
cylinders seized were not owned by respondent but by a third person; and (d) procedure and purpose for the issuance of a search warrant are completely
Edrich Enterprises is an authorized outlet of Gasul and Marsflame. In an different from those for the institution of a criminal action.
Order dated February 21, 2003, the RTCNaga denied the Motion to Quash.
For, indeed, a warrant, such as a warrant of arrest or a search warrant, merely
On MR, respondent raised for the first time, the issue of the impropriety of constitutes process. A search warrant is defined in our jurisdiction as an order
filing the Application for Search Warrant at the RTCNaga City when the in writing issued in the name of the People of the Philippines signed by a
alleged crime was committed in a place within the territorial jurisdiction of the judge and directed to a peace officer, commanding him to search for personal
RTCIriga City. Respondent pointed out that the application filed with the property and bring it before the court. A search warrant is in the nature of a
RTCNaga failed to state any compelling reason to justify the filing of the criminal process akin to a writ of discovery. It is a special and peculiar
same in a court which does not have territorial jurisdiction over the place of remedy, drastic in its nature, and made necessary because of a public
the commission of the crime, as required by Section 2 (b), Rule 126 of the necessity.
Revised Rules of Criminal Procedure. RTCNaga granted. CA arrived at the wrong conclusion. It gravely erred in equating the
proceedings for applications for search warrants with criminal actions
Petitioner Shell appealed to CA, which denied. themselves. As elucidated by the Court, proceedings for said applications are
not criminal in nature and, thus, the rule that venue is jurisdictional does not
Issue: Whether venue for application of Search warrant is jurisdictional. apply thereto. Evidently, the issue of whether the application should have been
filed in RTCIriga City or RTCNaga, is not one involving jurisdiction
Ruling: because, as stated in the aforequoted case, the power to issue a special
criminal process is inherent in all courts.
No. Rule 126 SEC. 2. Court where applications for search warrant shall be
filed. An application for search warrant shall be filed with the following: Inferring from the foregoing, the Court deems it improper for the RTCNaga
to have even taken into consideration an issue which respondent failed to raise
(a) Any court within whose territorial jurisdiction a crime was committed. in its motion to quash, as it did not involve a question of jurisdiction over the
subject matter. It is quite clear that the RTCNaga had jurisdiction to issue
(b) For compelling reasons stated in the application, any court within the criminal processes such as a search warrant
judicial region where the crime was committed if the place of the commission
of the crime is known, or any court within the judicial region where the
warrant shall be enforced.
However, if the criminal action has already been filed, the application shall Retired SP04 Bienvenido Laud vs. People of the Philippines
only be made in the court where the criminal action is pending. G.R. No. 199032, November 19, 2014
TOPIC INVOLVED: ISSUANCE OF WARRANT OUTSIDE
The omnibus motion rule embodied in Section 8, Rule 15, in relation to
TERRITORIAL JURISDICTION
Section 1, Rule 9, demands that all available objections be included in a
FACTS : PNP, through Police Senior Superintendent Roberto B. Fajardo,
party's motion, otherwise, said objections shall be deemed waived; and, the
applied with the RTC Manila for a warrant to search three (3) caves located
only grounds the court could take cognizance of, even if not pleaded in said
inside the Laud Compound in Purok 3, Barangay Maa, Davao City, where the
motion are: (a) lack of jurisdiction over the subject matter; (b) existence of
alleged remains of the victims summarily executed by the socalled "Davao
another action pending between the same parties for the same cause; and (c)
Death Squad" may be found. .In support of the application, a certain Ernesto
bar by prior judgment or by statute of limitations. It should be stressed here
Avasola (Avasola) was presented to the RTC and there testified that he
personally witnessed the killing of six (6) persons in December 2005. Judge During trial, the prosecution presented 2 witnesses, who testified that
William Simon P. Peralta, acting as Vice Executive Judge of the ManilaRTC, Disuanco received a Dispatch Order from the desk officer directing him and 3
found probable cause for the issuance of a search warrant, and thus, issued other policemen to serve a Warrant of Arrest, issued by Judge Ignacio
Search Warrant which was later enforced by the elements of the PNP Salvador, against Valeroso for a case of kidnapping with ransom. The team
Criminal Investigation and Detection Group. The search of the Laud conducted the necessary surveillance on Valeroso checking his hideouts in
Compound caves yielded positive results for the presence of human remains. Cavite, Caloocan, and Bulacan. The team members proceeded to the
Herein petitioner, retired SPO4 Bienvenido Laud (Laud), filed an Urgent Integrated National Police Central Police Station in Culiat, QC, where they
Motion to Quash and to Suppress Illegally Seized Evidence premised on the saw Valeroso about to board a tricyle. Disuanco and his team approached
ground that among others, that the ManilaRTC had no jurisdiction to issue Valeroso. They put him under arrest, informed him of his constitutional rights,
Search Warrant which was to be enforced in Davao City. ManilaRTC granted and bodily searched him. They found the said revolver and the ammunitions
the motion. CA granted the Respondent’s petition, Hence this petition to SC tucked in his waist.
ISSUE: WON RTC Manila had jurisdiction to issue the said warrant despite
noncompliance with the compelling reasons requirement under Section 2, Valeroso was then brought to the police station for questioning. Upon
Rule126 of the Rules of Court verification in the Firearms and Explosives Division in Camp Crame,
RULING: YES. Section 12, Chapter V of A.M.No. 03802SC states the Deriquito presented a certification that the subject firearm was not issued to
requirements for the issuance of search warrants in special criminal cases by Valeroso, but was licensed in the name of Raul Palencia Salvatierra of
the RTCs of Manila and Quezon City. These special criminal cases pertain to Sampaloc, Manila.
those "involving heinous crimes, illegal gambling, illegal possession of
firearms and ammunitions, as well as violations of the Comprehensive As for the defense, Valeroso testified that he was sleeping inside a room in the
Dangerous Drugs Act of 2002, the Intellectual Property Code, the AntiMoney boarding house of his children. He was awakened by 4 heavily armed men in
Laundering Act of 2001, the Tariff and Customs Code, as amended, and other civilian attire who pointed their guns at him and pulled him out of the room.
relevant laws that may hereafter be enacted by Congress, and included herein The raiding team tied his hands and placed him near the faucet (outside the
by the Supreme Court." Search warrant applications for such cases may room) then went back inside, searched and ransacked the room. An operative
befiled by "the National Bureau of Investigation (NBI), the Philippine came out of the room and exclaimed, "Hoy, may nakuha akong baril sa loob!"
National Police(PNP) and the AntiCrime Task Force (ACTAF)," and Disuanco informed Valeroso that there was a standing warrant for his arrest.
"personally endorsed by the heads of such agencies." As in ordinary search However, the raiding team was not armed with a search warrant.
warrant applications, they "shall particularly describe therein the places to be
searched and/or the property or things to be seized as prescribed in the Rules Timbol testified that he issued to Valeroso a Memorandum Receipt covering
of Court." "The Executive Judges [of these RTCs] and,whenever they are on the subject firearm and its ammunition, upon the verbal instruction of Col.
official leave of absence or are not physically present in the station, the Vice Angelito Moreno.
Executive Judges" are authorized to act on such applications and "shall issue
the warrants, if justified, which may be served in places outside the territorial RTC convicted Valeroso as charged. On appeal, CA affirmed RTC’s decision.
jurisdiction of the said courts." On petition for review, SC affirmed in full the CA decision. Valeroso filed a
MR which was denied with finality.
As the records would show, the search warrant application was filed before
the ManilaRTC by the PNP and was endorsed by its head, PNP Chief Jesus Valeroso is again before SC imploring this Court to once more take a
Ame Versosa, particularly describing the place to be searched and the things contemplative reflection and deliberation on the case, focusing on his
to be seized in connection with the heinous crime of Murder. Finding breached constitutional rights against unreasonable search and seizure.
probable cause therefor, Judge Peralta, in his capacity as 2nd ViceExecutive
Judge, issued Search Warrant which, as the rules state, may be served in ISSUE:
places outside the territorial jurisdiction of the said RTC.
Whether Valeroso’s constitutional rights against unreasonable search and seizure
Notably, the fact that a search warrant application involves a "special criminal was violated by the arresting officers
case" excludes it from the compelling reason requirement under Section 2, Whether the warrantless search and seizure of the firearm and ammunition is valid
Rule 126 of the Rules of Court. The rule on search warrant applications before
the Manila and Quezon City RTCs for the abovementioned special criminal RULING:
cases "shall be an exception to Section 2 of Rule 126 of the Rules of Court."
Perceptibly, the fact that a search warrant is being applied for in connection The right against unreasonable searches and seizures is secured by Sec. 2,
with a special criminal case as aboveclassified already presumes the Art. III of the Constitution which states: “The right of the people to be secure
existence of a compelling reason; hence, any statement to this effect would be in their persons, houses, papers, and effects against unreasonable searches
super fluous and therefore should be dispensed with. and seizures of whatever nature and for any purpose shall be inviolable, and
no search warrant or warrant of arrest shall issue except upon probable
G.R. No. 164815 September 3, 2009 cause to be determined personally by the judge after examination under oath
SR. INSP. JERRY C. VALEROSO vs. CA and PEOPLE OF THE or affirmation of the complainant and the witnesses he may produce, and
PHILIPPINES particularly describing the place to be searched and the persons or things to
be seized.
FACTS:
From this constitutional provision, it can readily be gleaned that, as a GR,
the procurement of a warrant is required before a law enforcer can validly
Valeroso was charged with violation of PD 1866, when he without any
search or seize the person, house, papers, or effects of any individual.
authority of law, unlawfully and knowingly have in his/her possession and
under his/her custody and control 1 cal. 38 "Charter Arms" revolver bearing
To underscore the significance the law attaches to the fundamental right of an
serial no. 52315 with 5 live ammo. without first having secured the necessary
individual against unreasonable searches and seizures, the Constitution
license/permit issued by the proper authorities.
succinctly declares in Art. III, Sec. 3(2), that "any evidence obtained in
violation of this or the preceding section shall be inadmissible in evidence for
any purpose in any proceeding." SC readily conclude that the arresting officers served the warrant of arrest
without any resistance from Valeroso. They placed him immediately under
The above proscription is not, however, absolute. The XPNs or instances their control by pulling him out of the bed, and bringing him out of the room
where searches and seizures are allowed even without a valid warrant: with his hands tied. To be sure, the cabinet which, according to Valeroso, was
locked, could no longer be considered as an "area within his immediate
1. Warrantless search incidental to a lawful arrest; control" because there was no way for him to take any weapon or to destroy
2. Seizure of evidence in "plain view." The elements are: a) a prior valid any evidence that could be used against him.
intrusion based on the valid warrantless arrest in which the police are legally
present in the pursuit of their official duties; b) the evidence was inadvertently The arresting officers would have been justified in searching the person of
discovered by the police who have the right to be where they are; c) the Valeroso, as well as the tables or drawers in front of him, for any concealed
evidence must be immediately apparent; and d) "plain view" justified mere weapon that might be used against the former. But under the circumstances
seizure of evidence without further search; obtaining, there was no comparable justification to search through all the desk
3. Search of a moving vehicle. Highly regulated by the govt., the vehicle’s drawers and cabinets or the other closed or concealed areas in that room itself.
inherent mobility reduces expectation of privacy especially when its transit in
public thoroughfares furnishes a highly reasonable suspicion amounting to The purpose of the XPN (warrantless search as an incident to a lawful arrest)
probable cause that the occupant committed a criminal activity; is to protect the arresting officer from being harmed by the person arrested,
4. Consented warrantless search; who might be armed with a concealed weapon, and to prevent the latter from
5. Customs search; destroying evidence within reach. The XPN should not be strained beyond
what is needed to serve its purpose. In this case, search was made in the
6. Stop and Frisk;
locked cabinet which cannot be said to have been within Valeroso’s
7. Exigent and emergency circumstances.
immediate control. Thus, the search exceeded the bounds of what may be
8. Search of vessels and aircraft; and
considered as an incident to a lawful arrest.
9. Inspection of buildings and other premises for the enforcement of fire,
sanitary and building regulations. Nor can the warrantless search in this case be justified under the "plain view
doctrine." The "plain view doctrine" may not be used to launch unbridled
In the exceptional instances where a warrant is not necessary to effect a valid searches and indiscriminate seizures or to extend a general exploratory search
search or seizure, what constitutes a reasonable or unreasonable search or made solely to find evidence of defendant’s guilt. The doctrine is usually
seizure is purely a judicial question, determinable from the uniqueness of the applied where a police officer is not searching for evidence against the
circumstances involved, including the purpose of the search or seizure, the accused, but nonetheless inadvertently comes across an incriminating object.
presence or absence of probable cause, the manner in which the search and
seizure was made, the place or thing searched, and the character of the The doctrine serves to supplement the prior justification – whether it be a
articles procured. warrant for another object, hot pursuit, search incident to lawful arrest, or
some other legitimate reason for being present unconnected with a search
No. The warrantless search could not be justified as an incident to a lawful directed against the accused – and permits the warrantless seizure. Of course,
arrest. Searches and seizures incident to lawful arrests are governed by Sec. the extension of the original justification is legitimate only where it is
13, Rule 126 ROC. immediately apparent to the police that they have evidence before them; the
"plain view" doctrine may not be used to extend a general exploratory search
SC would like to stress that the scope of the warrantless search is not without from one object to another until something incriminating at last emerges.
limitations. SC had lay down the parameters of a valid warrantless search
and seizure as an incident to a lawful arrest. When an arrest is made, it is The police officers were inside the boarding house of Valeroso’s children,
reasonable for the arresting officer to search the person arrested in order to because they were supposed to serve a warrant of arrest issued against
remove any weapon that the latter might use in order to resist arrest or effect Valeroso. The police officers had a prior justification for the intrusion. Any
his escape. Otherwise, the officer’s safety might well be endangered, and the evidence that they would inadvertently discover may be used against
arrest itself frustrated. It is entirely reasonable for the arresting officer to Valeroso. However, in this case, the police officers did not just accidentally
search for and seize any evidence on the arrestee’s person in order to prevent discover the subject firearm and ammunition; they actually searched for
its concealment or destruction. evidence against Valeroso. The search made was illegal, a violation of
Valeroso’s right against unreasonable search and seizure. The evidence
A valid arrest allows the seizure of evidence or dangerous weapons either on obtained in violation of said right is inadmissible in evidence against him.
the person of the one arrested or within the area of his immediate control.
"Within the area of his immediate control" means the area from within which Unreasonable searches and seizures are the menace against which the
he might gain possession of a weapon or destructible evidence. A gun on a constitutional guarantees afford full protection. While the power to search
table or in a drawer in front of one who is arrested can be as dangerous to the and seize may at times be necessary for public welfare, still it may be
arresting officer as one concealed in the clothing of the person arrested. exercised and the law enforced without transgressing the constitutional rights
of the citizens, for no enforcement of any statute is of sufficient importance to
In the present case, Valeroso was arrested by virtue of a warrant of arrest justify indifference to the basic principles of government. Those who are
allegedly for kidnapping with ransom. At that time, Valeroso was sleeping supposed to enforce the law are not justified in disregarding the rights of an
inside the boarding house of his children. He was awakened by the arresting individual in the name of order. Order is too high a price to pay for the loss of
officers who were heavily armed. They pulled him out of the room, placed liberty.
him beside the faucet outside the room, tied his hands, and then put him under
the care of Disuanco. The other police officers remained inside the room and Because a warrantless search is in derogation of a constitutional right, peace
ransacked the locked cabinet where they found the subject firearm and officers who conduct it cannot invoke regularity in the performance of official
ammunition. With such discovery, Valeroso was charged with illegal functions.
possession of firearm and ammunition.
Without the illegally seized firearm, Valeroso’s conviction cannot stand. Mariano then prepared some documents and informed them that they will be
There is simply no sufficient evidence to convict him. The guilt of Valeroso charged for drugs. A newspaper containing marijuana was shown to them and
was not proven beyond reasonable doubt measured by the required moral said police officer told them that it would be sufficient evidence against them.
certainty for conviction. The evidence presented by the prosecution was not
enough to overcome the presumption of innocence as constitutionally
ordained.
SC acquitted Valeroso of illegal possession of firearm and ammunition, and ISSUE:
the Feb. 22, 2008 Decision and June 30, 2008 Resolution are reconsidered and
ser aisde. 1. Whether or not that the allegedly seized items are inadmissible
evidence in accordance to plain view doctrine.
PEOPLE v CALANTIAO 2. Whether or not the arresting officers’ patent noncompliance with
the requirements for the proper chain of custody of the seized dangerous
FACTS: drugs.
Medario Calantiao was convicted guilty beyond reasonable doubt of
violating Section 11, Article II of Republic Act No. 9165 or the HELD:
Comprehensive Dangerous Drugs Act of 2002 by the RTC of Caloocan City,
Branch 127 on July 23, 2009. On appeal is the decision dated January 17, 1. In People v. Valeroso, this Court had the occasion to reiterate the
2012 of the court of Appeals affirming in in toto the decision of the RTC. permissible reach of a valid warrantless search and seizure incident to a lawful
arrest, viz: When an arrest is made, it is reasonable for the arresting officer to
On November 11, 2003 in Caloocan City, Metro Manila, Philippines and search the person arrested in order to remove any weapon that the latter might
within the jurisdiction of this Honorable Court, the abovenamed accused, use in order to resist arrest or effect his escape. Otherwise, the officer’s safety
without any authority of law, did then and there willfully, unlawfully and might well be endangered, and the arrest itself frustrated. In addition, it is
feloniously have in his possession, custody and control two bricks of dried entirely reasonable for the arresting officer to search for and seize any
marijuana fruiting tops with a total weight of 997 .9 grams, knowing the same evidence on the arrestee’s person in order to prevent its concealment or
to be a dangerous drug. destruction. Moreover, in lawful arrests, it becomes both the duty and the right
of the apprehending officers to conduct a warrantless search not only on the
PO1 Nelson Mariano and PO3 Eduardo Ramirez were on duty; a certain person of the suspect, but also in the permissible area within the latter’s
Edwin Lojera arrived at their office and asked for police assistance regarding reached. Otherwise stated, a valid arrest allows the seizure of evidence or
dangerous weapons either on the person of the one arrested or within the
a shooting incident. Per report of the latter, it appears that while driving a
towing truck and traversing along EDSA, Balintawak, Quezon City, he had a area of his immediate control. The phrase “within the area of his immediate
traffic dispute (gitgitan) with a white taxi cab prompting him to follow said control” means the area from within which he might gain possession of a
vehicle until they reached along 8th Avenue Street corner C3 Road, Caloocan weapon or destructible evidence. A gun on a table or in a drawer in front of
City. Thereat, the passengers of said taxi cab, one of them was accused one who is arrested can be as dangerous to the arresting officer as one
Calantiao, alighted and fired their guns. concealed in the clothing of the person arrested. In Valeroso, however, the
Court held that the evidence searched and seized from him could not be used
PO1 Mariano testified that they immediately responded to said complaint by against him because they were discovered in a room, different from where he
proceeding to 5th Avenue corner 8th Street, Caloocan City where they found was being detained, and was in a locked cabinet. Thus, the area searched
the white taxi. While approaching said vehicle, two armed men alighted could not be considered as one within his immediate control that he could take
therefrom, fired their guns towards them and ran away. PO1 Mariano and PO3 any weapon or destroy any evidence against him. In the case at bar, the
Ramirez chased them but they were subdued. PO1 Mariano recovered from marijuana was found in a black bag in Calantiao’s possession and within his
Calantiao a black bag containing two bricks of dried marijuana fruiting tops immediate control. He could have easily taken any weapon from the bag or
and a magazine of super 38 stainless with ammos, while PO3 Ramirez dumped it to destroy the evidence inside it. As the black bag containing the
recovered from Calantiao’s companion a .38 revolver. marijuana was in Calantiao’s possession, it was within the permissible area
that the apprehending officers could validly conduct a warrantless search.
The suspects and the confiscated items were then turned over to SPO3 Pablo
The Plain View Doctrine is actually the exception to the inadmissibility of
Temena, police investigator at Bagong Barrio Police Station for investigation.
evidence obtained in a warrantless search incident to a lawful arrest outside
Thereat, PO1 Mariano marked the bricks of marijuana contained in a black
the suspect’s person and premises under his immediate control. This is so
bag with his initials, “NM”. Thereafter, said specimens were forwarded to the
because “objects in the ‘plain view’ of an officer who has the right to be in the
PNP Crime Laboratory for chemical analysis. The result of the examination
position to have that view are subject to seizure and may be presented as
conducted by P/SINSP. Jesse Dela Rosa revealed that the same was positive
evidence.” “The doctrine is usually applied where a police officer is not
for marijuana.
searching for evidence against the accused, but nonetheless inadvertently
comes across an incriminating object. It serves to supplement the prior
On Calantiao’s defense the taxi he and his companion Rommel Reyes were
justification – whether it be a warrant for another object, hot pursuit, search
riding almost collided with another car. Reyes then opened the window and
incident to lawful arrest, or some other legitimate reason for being present
made a “fuck you” sign against the persons on board of that car. That
unconnected with a search directed against the accused – and permits the
prompted the latter to chase them and when they were caught in a traffic jam,
warrantless seizure. ”The Plain View Doctrine thus finds no applicability in
PO1 Nelson Mariano; one of the persons on board of that other car alighted
Calantiao’s situation because the police officers purposely searched him upon
and kicked their taxi. Calantiao and Reyes alighted and PO1 Mariano slapped
his arrest. The police officers did not inadvertently come across the black bag,
the latter and uttered some words, police officer poked his gun against Reyes
which was in Calantiao’s possession; they deliberately opened it, as part of the
and when Calantiao tried to grab it, the gun fired. Calantiao and Reyes were
search incident to Calantiao’s lawful arrest.
then handcuffed and were brought to the police station. Thereat, they were
subjected to body frisking and their wallets and money were taken. PO1
2. SECTION 21. Custody and Disposition of Confiscated, Seized
and/or Surrendered Dangerous Drugs, Plant Sources of Dangerous Drugs,
Controlled Precursors and Essential Chemicals, Instruments/Paraphernalia
and/or Laboratory Equipment. — The PDEA shall take charge and have
custody of all dangerous drugs, plant sources of dangerous drugs, controlled
precursors and essential chemicals, as well as instruments/paraphernalia
and/or laboratory equipment so confiscated, seized and/or surrendered, for
proper disposition in the following manner: (a) The apprehending officer/team
having initial custody and control of the drugs shall, immediately after seizure
and confiscation, physically inventory and photograph the same in the
presence of the accused or the person/s from whom such items were
confiscated and/or seized, or his/her representative or counsel, a representative
from the media and the Department of Justice (DOJ), and any elected public
official who shall be required to sign the copies of the inventory and be given
a copy thereof; Provided, that the physical inventory and photograph shall be
conducted at the place where the search warrant is served; or at the nearest
police station or at the nearest office of the apprehending officer/team,
whichever is practicable, in case of warrantless seizures; Provided, further,
that noncompliance with these requirements under justifiable grounds,
as long as the integrity and the evidentiary value of the seized items are
properly preserved by the apprehending officer/team, shall not render
void and invalid such seizures of and custody over said items.
The prosecution was able to establish the chain of custody of the seized
marijuana from the time the police officers confiscated it, to the time it was
turned over to the investigating officer, up to the time it was brought to the
forensic chemist for laboratory examination. This Court has no reason to
overrule the RTC and the Court of Appeals, which both found the chain of
custody of the seized drugs to have not been broken so as to render the
marijuana seized from Calantiao inadmissible in evidence.
Furthermore, unless it can be shown that there was bad faith, ill will, or
tampering of the evidence, the presumption that the integrity of the evidence
has been preserved will remain. The burden of showing the foregoing to
overcome the presumption that the police officers handled the seized drugs
with regularity, and that they properly discharged their duties is on Calantiao.
Unfortunately, Calantiao failed to discharge such burden. It is worthy to note
that these arguments were only raised by Calantiao on his appeal. He himself
admits this. 23 His theory, from the very beginning, was that he did not do it,
and that he was being framed for having offended the police officers. Simply
put, his defense tactic was one of denial and frameup. However, those
defenses have always been frowned upon by the Court, to wit: The defenses of
denial and frameup have been invariably viewed by this Court with disfavor
for it can easily be concocted and is a common and standard defense ploy in
prosecutions for violation of Dangerous Drugs Act. In order to prosper, the
defenses of denial and frameup must be proved with strong and convincing
evidence. In the cases before us, appellant failed to present sufficient evidence
in support of his claims. Aside from his selfserving assertions, no plausible
proof was presented to bolster his allegations.
Hence, as Calantiao failed to show clear and convincing evidence that the
apprehending officers were stirred by illicit motive or failed to properly
perform their duties, their testimonies deserve full faith and credit.
WHEREFORE, premises considered, the Court hereby AFFIRMS the
January 17, 2012 Decision of the Court of Appeals in CAG.R. CR.H.C. No.
04069.