ALONTE V. SAVELLANO, JR.

G.R. No. 131652 March 9, 1998

FACTS:
 An information for rape was filed against petitioners Bayani M. Alonte, an incumbent Mayor of Bian,
Laguna, and Buenaventura Concepcion filed by Juvie-lyn Punongbayan.
 Conception assisted in the commission of the offense by bringing said complainant child to the rest
house of accused and left after receiving the amount of P1,000.00.
 That after giving the complainant-child a water which made her dizzy and weak, Alonte
subsequently raped her.
 The complainant-child through her counsel filed with the Office of the Court Administrator a Petition
for a Change of Venue. During the pendency of the petition for change of venue, the complainant-
child assisted by her parents and counsel, executed an affidavit of desistance.
 Case was then submitted for decision and Savellano sentenced both accused to reclusion Perpetua.
Savellano commented that Alonte waived his right to due process when he did not cross examine
Juvie when clarificatory questions were raised about the details of the rape and on the voluntariness
of her desistance.

ISSUE:
WoN Alonte was denied of due process

HELD:
Yes. There is no showing that Alonte waived his right. It should be pointed out, however, that the
existence of the waiver must be positively demonstrated. The standard of waiver requires that it "not
only must be voluntary, but must be knowing, intelligent, and done with sufficient awareness of the
relevant circumstances and likely consequences." Mere silence of the holder of the right should not be
so construed as a waiver of right, and the courts must indulge every reasonable presumption against
waiver.