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April 2015 - Philippine Supreme Court Decisions/Resolutions

Philippine Supreme Court Jurisprudence

Search Philippine Supreme Court Jurisprudence > Year 2015 > April 2015 Decisions > G.R. No.
197597, April 08, 2015 - IN THE MATTER OF THE PETITION FOR HABEAS CORPUS OF DATUKAN
MALANG SALIBO, DATUKAN MALANG SALIBO, Petitioner, v. WARDEN, QUEZON CITY JAIL
ChanRobles Professional Review, ANNEX, BJMP BUILDING, CAMP BAGONG DIWA, TAGUIG CITY AND ALL OTHER PERSONS
Inc. ACTING ON HIS BEHALF AND/OR HAVING CUSTODY OF DATUKAN MALANG SALIBO,
Respondents.:
 G.R. No. 197597, April 08, 2015 - IN THE MATTER OF THE PETITION FOR HABEAS CORPUS OF
DATUKAN MALANG SALIBO, DATUKAN MALANG SALIBO, Petitioner, v. WARDEN, QUEZON CITY
JAIL ANNEX, BJMP BUILDING, CAMP BAGONG DIWA, TAGUIG CITY AND ALL OTHER PERSONS
ACTING ON HIS BEHALF AND/OR HAVING CUSTODY OF DATUKAN MALANG SALIBO,
Respondents.

ChanRobles On-Line Bar Review

SECOND DIVISION

G.R. No. 197597, April 08, 2015

IN THE MATTER OF THE PETITION FOR HABEAS CORPUS OF DATUKAN MALANG

SALIBO, DATUKAN MALANG SALIBO, Petitioner, v. WARDEN, QUEZON CITY JAIL
ANNEX, BJMP BUILDING, CAMP BAGONG DIWA, TAGUIG CITY AND ALL OTHER
PERSONS ACTING ON HIS BEHALF AND/OR HAVING CUSTODY OF DATUKAN MALANG
SALIBO, Respondents.

DEC ISION

LEONEN, J.:

Habeas corpus is the proper remedy for a person deprived of liberty due to mistaken identity. In
such cases, the person is not under any lawful process and is continuously being illegally
ChanRobles CPA Review Online
detained.

This is a Petition for Review1 on Certiorari of the Court of Appeals Decision2 reversing the

Decision3 of the Regional Trial Court, Branch 153, Pasig City (Taguig Hall of Justice) granting
Datukan Malang Salibo's Petition for Habeas Corpus.

From November 7, 2009 to December 19, 2009, Datukan Malang Salibo (Salibo) and other

Filipinos were allegedly in Saudi Arabia for the Hajj Pilgrimage.4 "While in Saudi Arabia, . . .

Salibo visited and prayed in the cities of Medina, Mecca, Arpa, Mina and Jeddah."5 He returned to

the Philippines on December 20, 2009.6

On August 3, 2010, Salibo learned that police officers of Datu Hofer Police Station in
 Maguindanao suspected him to be Butukan S. Malang.7

Butukan S. Malang was one of the 197 accused of 57 counts of murder for allegedly
participating in the November 23, 2009 Maguindanao Massacre. He had a pending warrant of

arrest issued by the trial court in People of the Philippines v. Datu Andal Ampatuan, Jr., et al.8

Salibo presented himself before the police officers of Datu Hofer Police Station to clear his name.
There, he explained that he was not Butukan S. Malang and that he could not have participated

in the November 23, 2009 Maguindanao Massacre because he was in Saudi Arabia at that time.9

To support his allegations, Salibo presented to the police "pertinent portions of his passport,

boarding passes and other documents"10 tending to prove that a certain Datukan Malang Salibo
ChanRobles Special Lecture Series was in Saudi Arabia from November 7 to December 19, 2009.11

The police officers initially assured Salibo that they would not arrest him because he was not

Butukan S. Malang.12

Afterwards, however, the police officers apprehended Salibo and tore off page two of his
passport that evidenced his departure for Saudi Arabia on November 7, 2009. They then

detained Salibo at the Datu Hofer Police Station for about three (3) days.13

The police officers transferred Salibo to the Criminal Investigation and Detection Group in
Cotabato City, where he was detained for another 10 days. While in Cotabato City, the Criminal
Investigation and Detention Group allegedly made him sign and affix his thumbprint on

documents.14

On August 20, 2010, Salibo was finally transferred to the Quezon City Jail Annex, Bureau of Jail
Management and Penology Building, Camp Bagong Diwa, Taguig City, where he is currently

detained.15

On September 17, 2010, Salibo filed before the Court of Appeals the Urgent Petition for Habeas

Corpus 16 questioning the legality of his detention and deprivation of his liberty.17 He maintained

that he is not the accused Butukan S. Malang.18

In the Resolution19 dated September 21, 2010, the Court of Appeals issued a Writ of Habeas
Corpus, making the Writ returnable to the Second Vice Executive Judge of the Regional Trial
SPONSORED SEARCHES
Court, Pasig City (Taguig Hall of Justice).20 The Court of Appeals ordered the Warden of the
criminal case Quezon City Jail Annex to file a Return of the Writ one day before the scheduled hearing and

produce the person of Salibo at the 10:00 a.m. hearing set on September 27, 2010.21
supreme court decisions

how to draft a petition Proceedings before the trial court

criminal record search On September 27, 2010, the jail guards of the Quezon City Jail Annex brought Salibo before
the trial court. The Warden, however, failed to file a Return one day before the hearing. He also
lawyer o ce number
appeared without counsel during the hearing.22

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Thus, the trial court canceled the hearing and reset it to September 29, 2010 at 2:00 p.m.23
supreme court decisions

how to draft a petition

On September 28, 2010, the Warden filed the Return of the Writ. However, during the
criminal record search September 29, 2010 hearing on the Return, the Warden appeared with Atty. Romeo L. Villante,

Jr., Legal Officer/Administering Officer of the Bureau of Jail Management and Penology.24
criminal law lawyer

lawyer o ce number Salibo questioned the appearance of Atty. Romeo L. Villante, Jr. on behalf of the Warden and
argued that only the Office of the Solicitor General has the authority to appear on behalf of a
SPONSORED SEARCHES respondent in a habeas corpus proceeding.25

supreme court decisions

The September 29, 2010 hearing, therefore, was canceled. The trial court reset the hearing on
how to draft a petition the Return to October 1, 2010 at 9:00 a.m.26

criminal record search

The Return was finally heard on October 1, 2010. Assistant Solicitors Noel Salo and Isar Pepito

criminal law lawyer appeared on behalf of the Warden of the Quezon City Jail Annex and argued that Salibo's
Petition for Habeas Corpus should be dismissed. Since Salibo was charged under a valid
lawyer o ce number Information and Warrant of Arrest, a petition for habeas corpus was "no longer availing."27

Salibo countered that the Information, Amended Information, Warrant of Arrest, and Alias
Warrant of Arrest referred to by the Warden all point to Butukan S. Malang, not Datukan
April-2015 Jurisprudence
Malang Salibo, as accused. Reiterating that he was not Butukan S. Malang and that he was in
Saudi Arabia on the day of the Maguindanao Massacre, Salibo pleaded the trial court to order
G.R.No. 212092, April 08, 2015 -
his release from detention.28
PEOPLES GENERAL INSURANCE
CORP. (FORMERLY: PEOPLE'S TRANS-
The trial court found that Salibo was not "judicially charged"29 under any resolution,
EAST ASIA INSURANCE CORP.),
Petitioner, v. COL. FELIX MATEO A. information, or amended information. The Resolution, Information, and Amended Information
RUNES, Respondent. presented in court did not charge Datukan Malang Salibo as an accused. He was also not validly
arrested as there was no Warrant of Arrest or Alias Warrant of Arrest against Datukan Malang
A.C. No. 5116, April 13, 2015 - Salibo. Salibo, the trial court ruled, was not restrained of his liberty under process issued by a
DAVAO IMPORT DISTRIBUTORS, INC., court.30
Complainant, v. ATTY. JOHNNY
LANDERO, Respondent.

The trial court was likewise convinced that Salibo was not the Butukan S. Malang charged with
G.R. No. 176114, April 08, 2015 - murder in connection with the Maguindanao Massacre. The National Bureau of Investigation
GRACE SAN DIEGO Y TRINIDAD, Clearance dated August 27, 2009 showed that Salibo has not been charged of any crime as of
Petitioner, v. THE HONORABLE COURT
the date of the certificate.31 A Philippine passport bearing Salibo's picture showed the name
OF APPEALS, Respondent.
"Datukan Malang Salibo."32

G.R.No. 212092, April 08, 2015 -

Moreover, the trial court said that Salibo "established that [he] was out of the country"33 from
PEOPLES GENERAL INSURANCE
CORP. (FORMERLY: PEOPLE'S TRANS- November 7, 2009 to December 19, 2009. This fact was supported by a Certification34 from

EAST ASIA INSURANCE CORP.), Saudi Arabian Airlines confirming Salibo's departure from and arrival in Manila on board its

Petitioner, v. COL. FELIX MATEO A. flights.35 A Flight Manifest issued by the Bureau of Immigration and Saudi Arabian Airlines
RUNES, Respondent. Ticket No. 0652113 also showed this fact.36

A.C. No. 5116, April 13, 2015 - Thus, in the Decision dated October 29, 2010, the trial court granted Salibo's Petition for
DAVAO IMPORT DISTRIBUTORS, INC., Habeas Corpus and ordered his immediate release from detention.
Complainant, v. ATTY. JOHNNY
LANDERO, Respondent. Proceedings before the Court of Appeals

G.R. No. 193169, April 06, 2015 - On appeal37 by the Warden, however, the Court of Appeals reversed and set aside the trial
ROGELIO ROQUE, Petitioner, v.
court's Decision.38 Through its Decision dated April 19, 2011, the Court of Appeals dismissed
PEOPLE OF THE PHILIPPINES,
Salibo's Petition for Habeas Corpus.
Respondent.

Contrary to the trial court's finding, the Court of Appeals found that Salibo's arrest and
G.R. No. 176114, April 08, 2015 -
subsequent detention were made under a valid Information and Warrant of Arrest.39 Even
GRACE SAN DIEGO Y TRINIDAD,
assuming that Salibo was not the Butukan S. Malang named in the Alias Warrant of Arrest, the
Petitioner, v. THE HONORABLE COURT
Court of Appeals said that "[t]he orderly course of trial must be pursued and the usual
OF APPEALS, Respondent.
remedies exhausted before the writ [of habeas corpus] may be invoked[.]"40 According to the

G.R. No. 209741, April 15, 2015 - Court of Appeals, Salibo's proper remedy was a Motion to Quash Information and/or Warrant of

SOCIAL SECURITY COMMISSION, Arrest.41

Petitioner, v. EDNA A. AZOTE, Salibo filed a Motion for Reconsideration,42 which the Court of Appeals denied in the
Respondent.
Resolution43 dated July 6, 2011.

G.R. No. 185664, April 08, 2015 -

Proceedings before this court
ANGELES P. BALINGHASAY, RENATO
M. BERNABE, ALODIA L. DEL
On July 28, 2011,44 petitioner Salibo filed before this court the Petition for Review (With Urgent
ROSARIO, CATALINA T. FUNTILA,
Application for a Writ of Preliminary
TERESITA L. GAYANILO, RUSTICO A.
JIMENEZ, ARCELI P. JO, ESMERALDA
Mandatory Injunction). Respondent Warden filed a Comment,45 after which petitioner Salibo
D. MEDINA, CECILIA S. MONTALBAN,
VIRGILIO R. OBLEPIAS, CARMENCITA filed a Reply.46

R. PARREÑO, EMMA L. REYES,

REYNALDO L. SAVET, SERAPIO P.
TACCAD, VICENTE I. VALDEZ, Petitioner Salibo maintains that he is not the Butukan S. Malang charged with 57 counts of

SALVACION F. VILLAMORA, AND murder before the Regional Trial Court, Branch 221, Quezon City. Thus, contrary to the Court

DIONISIA M. VILLAREAL, Petitioners, of Appeals' finding, he, Datukan Malang Salibo, was not duly charged in court. He is being

v. CECILIA CASTILLO, OSCAR DEL illegally deprived of his liberty and, therefore, his proper remedy is a Petition for Habeas

ROSARIO, ARTURO S. FLORES, Corpus.47

XERXES NAVARRO, MARIA ANTONIA
A. TEMPLO AND MEDICAL CENTER
PARAÑAQUE, INC., Respondent.
G.R. No. 203804, April 15, 2015 -
DARIO A. CARCEDO (SUBSTITUTED
BY HIS WIFE PRISCILLA DELA CRUZ-
CARCEDO), Petitioner, v.
MARINE PHILIPPINES, INC. AND/OR
MISUGA KAJUN CO., LTD., AND/OR
MA. CORAZON GEUSE-SONGCUYA,
Respondent.
Petitioner Salibo adds that respondent Warden erred in appealing the Decision of the Regional
Trial Court, Branch 153, Pasig City before the Court of Appeals. Although the Court of Appeals
delegated to the trial court the authority to hear respondent Warden on the Return, the trial
court's Decision should be deemed a Decision of the Court of Appeals. Therefore, respondent
Warden should have directly filed his appeal before this court.48
MAINE As for respondent Warden, he maintains that petitioner Salibo was duly charged in court. Even
assuming that he is not the Butukan S. Malang named in the Alias Warrant of Arrest, petitioner
Salibo should have pursued the ordinary remedy of a Motion to Quash Information, not a
Petition for Habeas Corpus.49

The issues for our resolution are:

G.R. No. 198543, April 15, 2015 -
REPUBLIC OF THE PHILIPPINES, First, whether the Decision of the Regional Trial Court, Branch 153, Pasig City on petitioner
Petitioner, v. CESAR C. PASICOLAN
Salibo's Petition for Habeas Corpus was appealable to the Court of Appeals; and Second,
AND GREGORIO C. PASICOLAN,
whether petitioner Salibo's proper remedy is to file a Petition for Habeas Corpus.
Respondent.
 G.R. No. 204646, April 15, 2015 - We grant the Petition. c ra la wla wlib ra ry

SMART COMMUNICATIONS, INC.,

NAPOLEON L. NAZARENO, AND
RICARDO P. ISLA,* Petitioners, v. I

JOSE LENI Z. SOLIDUM, Respondent.

Contrary to petitioner Salibo's claim, respondent Warden correctly appealed before the Court of

G.R. No. 195203 [Formerly UDK Appeals.

No. 14435], April 20, 2015 -

ANTONIO PAGARIGAN, Petitioner, v. An application for a writ of habeas corpus may be made through a petition filed before this

ANGELITA YAGUE AND SHIRLEY court or any of its members,50 the Court of Appeals or any of its members in instances
ASUNCION, Respondent. authorized by law,51 or the Regional Trial Court or any of its presiding judges.52 The court or
judge grants the writ and requires the officer or person having custody of the person allegedly
G.R. No. 194702, April 20, 2015 - restrained of liberty to file a return of the writ.53 A hearing on the return of the writ is then
SAN LORENZO RUIZ BUILDERS AND
conducted.54
DEVELOPERS GROUP, INC. AND
OSCAR VIOLAGO, Petitioners, v. MA.
The return of the writ may be heard by a court apart from that which issued the writ.55 Should
CRISTINA F. BAYANG, Respondent.
the court issuing the writ designate a lower court to which the writ is made returnable, the
lower court shall proceed to decide the petition of habeas corpus. By virtue of the designation,
G.R. No. 216098, April 21, 2015 -
the lower court "acquire[s] the power and authority to determine the merits of the [petition for
BISHOP BRODERICK S. PABILLO, DD,
habeas corpus.]"56 Therefore, the decision on the petition is a decision appealable to the court
PABLO R. MANALASTAS, JR., PHD,
MARIA CORAZON AKOL, that has appellate jurisdiction over decisions of the lower court.57

CONCEPCION B. REGALADO, HECTOR

A. BARRIOS, LEO Y. QUERUBIN, In Saulo v. Brig. Gen. Cruz, etc,58 "a petition for habeas corpus was filed before this Court . . .
AUGUSTO C. LAGMAN, FELIX P. [o]n behalf of. . . Alfredo B. Saulo [(Saulo)]."59 This court issued a Writ of Habeas Corpus and
MUGA, II, PHD, ATTY. GREGORIO T. ordered respondent Commanding General of the Philippine Constabulary to file a Return of the
FABROS, EVITA L. JIMENEZ, AND
Writ. This court made the Writ returnable to the Court of First Instance of Manila.60
JAIME DL CARO, PHD, Petitioners, v.
COMMISSION ON ELECTIONS, EN
After hearing the Commanding General on the Return, the Court of First Instance denied
BANC, REPRESENTED BY ACTING
Saulo's Petition for Habeas Corpus.61
CHAIRPERSON CHRISTIAN ROBERT
S. LIM, AND SMARTMATIC-TIM
Saulo appealed before this court, arguing that the Court of First Instance heard the Petition for
CORPORATION, REPRESENTED BY
Habeas Corpus "not by virtue of its original jurisdiction but merely delegation[.]"62
SMARTMATIC ASIA-PACIFIC
Consequently, "this Court should have the final say regarding the issues raised in the petition,
PRESIDENT CESAR FLORES,
Respondents.; G.R. NO. 216562 - and only [this court's decision] . . . should be regarded as operative."63

INTEGRATED BAR OF THE

PHILIPPINES, Petitioner, v. This court rejected Sciulo's argument and stated that his "logic is more apparent than real."64 It
COMMISSION ON ELECTIONS, ruled that when a superior court issues a writ of habeas corpus, the superior court only
REPRESENTED BY ITS ACTING resolves whether the respondent should be ordered to show cause why the petitioner or the
CHAIRPERSON ROBERT S. LIM, AND person in whose behalf the petition was filed was being detained or deprived of his or her
SMARTMATIC-TIM CORPORATION, liberty.65 However, once the superior court makes the writ returnable to a lower court as
Respondent. allowed by the Rules of Court, the lower court designated "does not thereby become merely a

recommendatory body, whose findings and conclusion[s] are devoid of effect[.]"66 The decision
G.R. No. 196592, April 06, 2015 -
on the petition for habeas corpus is a decision of the lower court, not of the superior court.
SPOUSES JUVY MARAÑO AND MARIA
LUISA G. MARAÑO, Petitioners, v.
In Medina v. Gen. Yan,67 Fortunato Medina (Medina) filed before this court a Petition for Habeas
PRYCE GASES, INCORPORATED,
Corpus. This court issued a Writ of Habeas Corpus, making it returnable to the Court of First
Respondent.
Instance of Rizal, Quezon City. After trial on the merits, the Court of First Instance granted

Medina's Petition for Habeas Corpus and ordered that Medina be released from detention.68
G.R. No. 198012, April 22, 2015 -
PEOPLE OF THE PHILIPPINES, Plaintiff-
Appellee, v. ANGEL MATEO Y JACINTO The Office of the Solicitor General filed a Notice of Appeal before the Court of Appeals.69

AND VICENTA LAPIZ Y MEDINA,

Accused-Appellants. Atty. Amelito Mutuc, counsel for Medina, filed before the Court of Appeals a "Motion for
Certification of Appeal to the Supreme Court." The Court of Appeals, however, denied the

G.R. No. 202708, April 13, 2015 - Motion.70

PEOPLE OF THE PHILIPPINES, Plaintiff-
Appellee, v. VICTORIANO VILLAR @ This court ruled that the Court of Appeals correctly denied the "Motion for Certification of
BOY, Accused-Appellant. Appeal to the Supreme Court," citing Saulo as legal basis.71 The Court of First Instance of Rizal,
in deciding Medina's Petition for Habeas Corpus, "acquired the power and authority to determine
G.R. No. 203993, April 20, 2015 - the merits of the case[.]"72 Consequently, the decision of the Court of First Instance of Rizal on
PRISCILO B. PAZ, Petitioner, v. NEW
Medina's Petition for Habeas Corpus was appealable to the Court of Appeals.73
INTERNATIONAL ENVIRONMENTAL
UNIVERSALITY, INC., Respondent.
In this case, petitioner Salibo filed his Petition for Habeas Corpus before the Court of Appeals.
The Court of Appeals issued a Writ of Habeas Corpus, making it returnable to the Regional Trial
G.R. No. 190112, April 22, 2015 -
Court, Branch 153, Pasig City. The trial court then heard respondent Warden on his Return and
PRIMO CO, SR., EDGARDO CRUZ, FE
decided the Petition on the merits.
LANNY L. ALEGADO, JESTER B.
ONGCHUAN, JOSEPH ONGCHUAN AND
Applying Saulo and Medina, we rule that the trial court "acquired the power and authority to
LUCIANNE CHAM, Petitioners, v. THE
determine the merits"74 of petitioner Salibo's Petition. The decision on the Petition for Habeas
PHILIPPINE CANINE CLUB, INC.,
Corpus, therefore, was the decision of the trial court, not of the Court of Appeals. Since the
Respondent.
Court of Appeals is the court with appellate jurisdiction over decisions of trial courts,75

G.R. No. 172637, April 22, 2015 - respondent Warden correctly filed the appeal before the Court of Appeals. c ra la wla wlib ra ry

OFFICE OF THE OMBUDSMAN-VISA

YAS AND EMILY ROSE KO LIM CHAO, II
Petitioners, v. MARY ANN T. CASTRO,
Respondent. Called the "great writ of liberty[,]"76 the writ of habeas corpus "was devised and exists as a
speedy and effectual remedy to relieve persons from unlawful restraint, and as the best and
G.R. No. 208163, April 20, 2015 -
only sufficient defense of personal freedom."77 The remedy of habeas corpus is extraordinary78
ROQUE B. BENITEZ AND SANTA FE
and summary79 in nature, consistent with the law's "zealous regard for personal liberty."80
LABOR UNION-FEDERATION OF FREE
WORKERS, Petitioners, v. SANTA FE
Under Rule 102, Section 1 of the Rules of Court, the writ of habeas corpus "shall extend to all
MOVING AND RELOCATION
cases of illegal confinement or detention by which any person is deprived of his liberty, or by
SERVICES/VEDIT KURANGIL,
which the rightful custody of any person is withheld from the person entitled thereto."81 The
Respondent.
primary purpose of the writ "is to inquire into all manner of involuntary restraint as

A.C. No. 7250 [Formerly CBD Case distinguished from voluntary, and to relieve a person therefrom if such restraint is illegal."82

No. 05-1448], April 20, 2015 - ATTY. "Any restraint which will preclude freedom of action is sufficient."83
RICARDO M. ESPINA, Complainant, v.
ATTY. JESUS G. CHAVEZ, The nature of the restraint of liberty need not be related to any offense so as to entitle a
Respondent. person to the efficient remedy of habeas corpus. It may be availed of as a post-conviction

remedy84 or when there is an alleged violation of the liberty of abode.85 In other words, habeas
G.R. No. 207328, April 20, 2015 - corpus effectively substantiates the implied autonomy of citizens constitutionally protected in
WILHELMSEN-SMITH BELL
the right to liberty in Article III, Section 1 of the Constitution.86 Habeas corpus being a remedy
MANNING/WILHELMSEN SHIP
for a constitutional right, courts must apply a conscientious and deliberate level of scrutiny so
MANAGEMENT, LTD./FAUSTO R.
that the substantive right to liberty will not be further curtailed in the labyrinth of other
PREYSLER, JR., Petitioners, v. ALLAN
processes.87
SUAREZ, Respondent.

In Gumabon, et al. v. Director of the Bureau of Prisons,88 Mario Gumabon (Gumabon), Bias
G.R. No. 164594, April 22, 2015 -
Bagolbagol (Bagolbagol), Gaudencio Agapito (Agapito), Epifanio Padua (Padua), and Paterno
MICHAEL SEBASTIAN, Petitioner, v.
Palmares (Palmares) were convicted of the complex crime of rebellion with murder. They
ANNABEL LAGMAY NG, REPRESENTED
BY HER ATTORNEY-IN-FACT, commenced serving their respective sentences of reclusion perpetua.89

ANGELITA LAGMAY, Respondent.

While Gumabon, Bagolbagol, Agapito, Padua, and Palmares were serving their sentences, this

G.R. No. 197712, April 20, 2015 - court promulgated People v. Hernandez90 in 1956, ruling that the complex crime of rebellion
NONITO IMBO Y GAMORES, Petitioner, with murder does not exist.91
v. PEOPLE OF THE PHILIPPINES,
Respondent. Based on the Hernandez ruling, Gumabon, Bagolbagol, Agapito, Padua, and Palmares filed a
Petition for Habeas Corpus. They prayed for their release from incarceration and argued that the
G.R. No. 191667, April 22, 2015 - Hernandez doctrine must retroactively apply to them.92
LAND BANK OF THE PHILIPPINES,
Petitioner, v. EDUARDO M. This court ruled that Gumabon, Bagolbagol, Agapito, Padua, and Palmares properly availed of a
CACAYURAN, Respondent, petition for habeas corpus.93 Citing Harris v. Nelson,94 this court said: c h a n ro b le s v irtu a la wlib ra ry

MUNICIPALITY OF AGOO, LA UNION,

Intervenor. [T]he writ of habeas corpus is the fundamental instrument for safeguarding
individual freedom against arbitrary and lawless state action. . . . The scope and
G.R. No. 198465, April 22, 2015 - flexibility of the writ — its capacity to reach all manner of illegal detention — its ability
LITEX GLASS AND ALUMINUM SUPPLY to cut through barriers of form and procedural mazes — have always been
AND/OR RONALD ONG-SITCO, emphasized and jealously guarded by courts and lawmakers. The very nature of the
Petitioners, v. DOMINADOR B. writ demands that it be administered with the initiative and flexibility essential to
SANCHEZ, Respondent. insure that miscarriages of justice within its reach are surfaced and corrected.95 c ra la wla wlib ra ry

G.R. Nos. 173148, April 06, 2015 - In Rubi v. Provincial Board of Mindoro,96 the Provincial Board of Mindoro issued Resolution No.
ELSA DEGAYO, Petitioner, v. CECILIA 25, Series of 1917. The Resolution ordered the Mangyans removed from their native habitat
MAGBANUA-DINGLASAN, JOHNNY and compelled them to permanently settle in an 800-hectare reservation in Tigbao. Under the
DINGLASAN, ASUNCION MAGBANUA- Resolution, Mangyans who refused to establish themselves in the Tigbao reservation were
PORRAS, MARIANO PASCUALITO AND imprisoned.97
AMADO JR., ALL SURNAMED
MAGBANUA, Respondent. An application for habeas corpus was filed before this court on behalf of Rubi and all the other

Mangyans being held in the reservation.98 Since the application questioned the legality of
G.R. No. 194061, April 20, 2015 -
deprivation of liberty of Rubi and the other Mangyans, this court issued a Writ of Habeas
EMELIE L. BESAGA, Petitioner, v.
Corpus and ordered the Provincial Board of Mindoro to make a Return of the Writ.99
SPOUSES FELIPE ACOSTA AND
LUZVIMINDA ACOSTA AND DIGNA
A Writ of Habeas Corpus was likewise issued in Villavicencio v. Lukban.100 "[T]o exterminate
MATALANG COCHING, Respondent.
vice,"101 Mayor Justo Lukban of Manila ordered the brothels in Manila closed. The female sex

G.R. No. 183587, April 20, 2015 - workers previously employed by these brothels were rounded up and placed in ships bound for

LEXBER, INC., Petitioner, v. CAESAR Davao. The women were expelled from Manila and deported to Davao without their consent.102
M. AND CONCHITA B. DALMAN,
Respondent. On application by relatives and friends of some of the deported women, this court issued a Writ
of Habeas Corpus and ordered Mayor Justo Lukban, among others, to make a Return of the
G.R. No. 193101, April 20, 2015 - Writ. Mayor Justo Lukban, however, failed to make a Return, arguing that he did not have
NICANOR CERIOLA, Petitioner, v. custody of the women.103
NAESS SHIPPING PHILIPPINES, INC.,
MIGUEL OCA AND/OR KUWAIT OIL This court cited Mayor Justo Lukban in contempt of court for failure to make a Return of the
TANKER, Respondent.
Writ.104 As to the legality of his acts, this court ruled that Mayor Justo Lukban illegally deprived
the women he had deported to Davao of their liberty, specifically, of their privilege of
G.R. No. 198356, April 20, 2015 -
domicile.105 It said that the women, "despite their being in a sense lepers of society[,] are
ESPERANZA SUPAPO AND THE HEIRS
OF ROMEO SUPAPO, NAMELY: nevertheless not chattels but Philippine citizens protected by the same constitutional guaranties
ESPERANZA, REX EDWARD, RONALD as are other citizens[.]"106 The women had the right "to change their domicile from Manila to
TROY, ROMEO, JR., SHEILA LORENCE,
another locality."107
ALL SURNAMED SUPAPO, AND
SHERYL FORTUNE SUPAPO-
The writ of habeas corpus is different from the final decision on the petition for the issuance of
SANDIGAN, Petitioners, v. SPOUSES
the writ. It is the writ that commands the production of the body of the person allegedly
ROBERTO AND SUSAN DE JESUS,
restrained of his or her liberty. On the other hand, it is in the final decision where a court
MACARIO BERNARDO, AND THOSE
determines the legality of the restraint.
PERSONS CLAIMING RIGHTS UNDER
THEM, Respondent.
Between the issuance of the writ and the final decision on the petition for its issuance, it is the
issuance of the writ that is essential. The issuance of the writ sets in motion the speedy judicial
G.R. No. 206540, April 20, 2015 -
inquiry on the legality of any deprivation of liberty. Courts shall liberally issue writs of habeas
ALICE G. AFRICA, Petitioner, v.
corpus even if the petition for its issuance "on [its] face [is] devoid of merit[.]"108 Although the
INSURANCE SAVINGS AND
privilege of the writ of habeas corpus may be suspended in cases of invasion, rebellion, or when
INVESTMENT AGENCY, INC. (ISIA)
the public safety requires it,109 the writ itself may not be suspended.110
REPRESENTED BY ITS PRESIDENT,
DELIA DE BORJA; ACTING REGISTER
III
OF DEEDS, LAS PINAS CITY, ATTY.
ABRAHAM N. VERMUDEZ,
It is true that a writ of habeas corpus may no longer be issued if the person allegedly deprived
Respondents.
of liberty is restrained under a lawful process or order of the court.111 The restraint then has

G.R. No. 196357, April 20, 2015 - become legal,112 and the remedy of habeas corpus is rendered moot and academic.113 Rule
THE HEIRS OF THE LATE DELFIN 102, Section 4 of the Rules of Court provides: c h a n ro b le s v irtu a la wlib ra ry

DELA CRUZ, REPRESENTED BY HIS

SEC. 4. When writ not allowed or discharge authorized.—If it appears that the
SPOUSE, CARMELITA DELA CRUZ,
person alleged to be restrained of his liberty is in the custody of an officer under
Petitioners, v. PHILIPPINE
TRANSMARINE CARRIERS, INC., process issued by a court or judge or by virtue of a judgment or order of a court of
record, and that the court or judge had jurisdiction to issue the process, render the
REPRESENTED BY MR. CARLOS C.
judgment, or make the order, the writ shall not be allowed; or if the jurisdiction
SALINAS AND/OR TECTO BELGIUM
N.V., Respondent. appears after the writ is allowed, the person shall not be discharged by reason of
any informality or defect in the process, judgment, or order. Nor shall anything in
this rule be held to authorize the discharge of a person charged with or convicted of
G.R. No. 204171, April 15, 2015 -
OFFICE OF THE OMBUDSMAN, an offense in the Philippines, or of a person suffering imprisonment under lawful
judgment.
Petitioner, v. WILFREDO B.
AGUSTINO, RUDY G. CANASTILLO,
In Ilagan v. Hon. Ponce Enrile,114 elements of the Philippine Constabulary-Integrated National
EDWARD G. CANASTILLO, CECIL C.
Police arrested Atty. Laurente C. Ilagan (Atty. Ilagan) by virtue of a Mission Order allegedly
CALIGAN, Respondent.
issued by then Minister of National Defense, Juan Ponce Enrile (Minister Enrile). On the day of
 G.R. No. 206020, April 14, 2015 - Atty. Ilagan's arrest,115 from the Integrated Bar of the Philippines Davao Chapter visited Atty.
1-UNITED TRANSPORT KOALISYON Ilagan in Camp Catitipan, where he was detained.115
(1-UTAK), Petitioner, v. COMMISSION
ON ELECTIONS, Respondent. Among Atty. Ilagan's visitors was Atty. Antonio Arellano (Atty. Arellano). Atty. Arellano,
however, no longer left Camp Catitipan as the military detained and arrested him based on an
G.R. No. 174202, April 07, 2015 -
unsigned Mission Order.116
DYNAMIC BUILDERS &
CONSTRUCTION CO. (PHIL.), INC.,
Three (3) days after the arrest of Attys. Ilagan and Arellano, the military informed the
Petitioner, v. HON. RICARDO P.
Integrated Bar of the Philippines Davao Chapter of the impending arrest of Atty. Marcos Risonar
PRESBITERO, JR., MAYOR AND HEAD
(Atty. Risonar). To verify his arrest papers, Atty. Risonar went to Camp Catitipan. Like Atty.
OF PROCURING UNIT OF THE
Arellano, the military did not allow Atty. Risonar to leave. He was arrested based on a Mission
MUNICIPALITY OF VALLADOLID,
Order signed by General Echavarria, Regional Unified Commander.117
NEGROS OCCIDENTAL; BIDS AND
AWARDS COMMITTEE, MUNICIPALITY
The Integrated Bar of the Philippines, the Free Legal Assistance Group, and the Movement of
OF VALLADOLID, NEGROS
Attorneys for Brotherhood, Integrity and Nationalism filed before this court a Petition for
OCCIDENTAL; AND HENRY L. JORDAN
Habeas Corpus in behalf of Attys. Ilagan, Arellano, and Risonar.118
AND/OR HLJ CONSTRUCTION AND
ENTERPRISE, Respondents.
This court issued a Writ of Habeas Corpus and required Minister Enrile, Armed Forces of the
Philippines Acting Chief of Staff Lieutenant General Fidel V. Ramos (General Ramos), and
G.R. No. 208062, April 07, 2015 -
Philippine Constabulary-Integrated National Police Regional Commander Brigadier General
SOCIAL WEATHER STATIONS, INC.
AND PULSE ASIA, INC., Petitioners, v. Dionisio Tan-Gatue (General Tan-Gatue) to make a Return of the Writ.119 This court set the

COMMISSION ON ELECTIONS, hearing on the Return on May 23, 1985.120

Respondent.
In their Return, Minister Enrile, General Ramos, and General Tan-Gatue contended that the
A.M. No. RTJ-14-2402 (Formerly privilege of the Writ of Habeas Corpus was suspended as to Attys. Ilagan, Arellano, and Risonar
OCA IPI No. 12-3910-RTJ), April 15, by virtue of Proclamation No. 2045-A.121 The lawyers, according to respondents, allegedly
2015 - JOSEFINA M. ONGCUANGCO "played active roles in organizing mass actions of the Communist Party of the Philippines and
TRADING CORPORATION,
the National Democratic Front."122
REPRESENTED BY JOSEFINA M.
ONGCUANGCO, Complainant, v.
After hearing respondents on their Return, this court ordered the temporary release of Attys.
JUDGE RENATO D. PINLAC,
Ilagan, Arellano, and Risonar on the recognizance of their counsels, retired Chief Justice Roberto
REGIONAL TRIAL COURT, BRANCH
Concepcion and retired Associate Justice Jose B.L. Reyes.123
57, SAN CARLOS CITY, PANGASINAN,
Respondent.
Instead of releasing Attys. Ilagan, Arellano, and Risonar, however, Minister Enrile, General

Ramos, and General Tan-Gatue filed a Motion for Reconsideration.124 They filed an Urgent
G.R. No. 211833, April 07, 2015 -
Manifestation/Motion stating that Informations for rebellion were filed against Attys. Ilagan,
FERDINAND R. VILLANUEVA,
PRESIDING JUDGE, MCTC, Arellano, and Risonar. They prayed that this court dismiss the Petition for Habeas Corpus for
COMPOSTELA-NEW BATAAN, being moot and academic.125
COMPOSTELA VALLEY PROVINCE,
Petitioner, v. JUDICIAL AND BAR The Integrated Bar of the Philippines, the Free Legal Assistance Group, and the Movement of
COUNCIL, Respondent. Attorneys for Brotherhood, Integrity and Nationalism opposed the motion. According to them,
no preliminary investigation was conducted before the filing of the Information. Attys. Ilagan,
G. R. No. 171601, April 08, 2015 - Arellano, and Risonar were deprived of their right to due process. Consequently, the
SPOUSES BONIFACIO AND LUCIA
Information was void.126
PARAS, Petitioners, v. KIMWA
CONSTRUCTION AND DEVELOPMENT
This court dismissed the Petition for Habeas Corpus, ruling that it became moot and academic
CORPORATION, Respondent.
with the filing of the Information against Attys. Ilagan, Arellano, and Risonar in court:127 Ch a n Ro b le s Virtu a la wlib ra ry

G.R. Nos. 194339-41, April 20, As contended by respondents, the petition herein has been rendered moot and
2015 - TERESITA A. CIRON, academic by virtue of the filing of an Information against them for Rebellion, a capital
Petitioner, v. MA. MERCEDITAS N. offense, before the Regional Trial Court of Davao City and the issuance of a Warrant
GUTIERREZ, IN HER OFFICIAL of Arrest against them. The function of the special proceeding of habeas corpus is to
CAPACITY AS OMBUDSMAN, FLORIZA inquire into the legality of one's detention. Now that the detained attorneys'
A. BRIONES AND TERESITA P. incarceration is by virtue of a judicial order in relation to criminal cases subsequently
BUTARDO- TACATA, IN THEIR filed against them before the Regional Trial Court of Davao City, the remedy of
OFFICIAL CAPACITIES AS GRAFT
habeas corpus no longer lies. The Writ had served its purpose.128 (Citations
INVESTIGATION & PROSECUTION
omitted)
OFFICER II OF THE OFFICE OF THE
OMBUDSMAN, NONNA O. BELTRAN, This court likewise dismissed the Petitions for habeas corpus in Umil v. Ramos.129 Roberto
2nd ASSISTANT CITY PROSECUTOR, Umil, Rolando Dural, Renato Villanueva, Amelia Roque, Wilfredo Buenaobra, Atty. Domingo
RAUL E. CONTRERAS, CITY Anonuevo, Ramon Casiple, Vicky A. Ocaya, Deogracias Espiritu, and Narciso B. Nazareno were
PROSECUTOR, BOTH OF NATIONAL all arrested without a warrant for their alleged membership in the Communist Party of the
PROSECUTION OFFICE, IRIGA CITY,
Philippines/New People's Army.130
AND SANTIAGO D. ORTEGA, JR.,
Respondent.
During the pendency of the habeas corpus proceedings, however, Informations against them
were filed before this court. The filing of the Informations, according to this court, rendered the
G.R. No. 213214, April 20, 2015 -
Petitions for habeas corpus moot and academic, thus:131 Ch a n Ro b le s Virtu a la wlib ra ry

PEOPLE OF THE PHILIPPINES, Plaintiff-

Appellee, v. EUGENE SAMUYA, It is to be noted that, in all the petitions here considered, criminal charges have been
Accused-Appellant. filed in the proper courts against the petitioners. The rule is, that if a person alleged
to be restrained of his liberty is in the custody of an officer under process issued by
G.R. No. 213216, April 20, 2015 - a court or judge, and that the court or judge had jurisdiction to issue the process
PEOPLE OF THE PHILIPPINES, Plaintiff- or make the order, or if such person is charged before any court, the writ of habeas
Appellee, v. RICKY ARGUTA ALIAS
corpus will not be allowed.132 (Emphasis in the original)
"JOEL" AND WILSON CAHIPE ALIAS In such cases, instead of availing themselves of the extraordinary remedy of a petition for
"SIWIT," Accused-Appellants. habeas corpus, persons restrained under a lawful process or order of the court must pursue

the orderly course of trial and exhaust the usual remedies.133 This ordinary remedy is to file a
A.C. No. 10303, April 22, 2015 -
motion to quash the information or the warrant of arrest.134
JOY A. GIMENO, Complainant, v.
ATTY. PAUL CENTILLAS ZAIDE,
At any time before a plea is entered,135 the accused may file a motion to quash complaint or
Respondent.
information based on any of the grounds enumerated in Rule 117, Section 3 of the Rules of
Court:c h a n ro b le s v irtu a la wlib ra ry

G.R. No. 203530, April 13, 2015 -

LUZON DEVELOPMENT BANK, TOMAS SEC. 3. Grounds.—The accused may move to quash the complaint or information on
CLEMENTE, JR., AND OSCAR any of the following grounds: c h a n ro b le s v irtu a la wlib ra ry

RAMIREZ, Petitioners, v. ERLINDA

KRISHNAN, Respondent. (a) That the facts charged do not constitute an offense;
(b) That the court trying the case has no jurisdiction over the offense
A.M. No. RTJ-12-2325 (Formerly charged;
A.M. No. 12-7-132-RTC), April 14, (c) That the court trying the case has no jurisdiction over the person of
2015 - OFFICE OF THE COURT the accused;.
ADMINISTRATOR, Complainant, v. (d) That the officer who filed the information had no authority to do so;
JUDGE ALAN L. FLORES, PRESIDING (e) That it does not conform substantially to the prescribed form;
JUDGE, REGIONAL TRIAL COURT, (f) That more than one offense is charged except when a single
BRANCH 7, TUBOD, LANAO DEL punishment for various offenses is prescribed by law;
NORTE AND FORMER ACTING (g) That the criminal action or liability has been extinguished;
PRESIDING JUDGE, REGIONAL TRIAL (h) That it contains averments which, if true, would constitute a legal
COURT, BRANCH 21, KAPATAGAN, excuse or justification; and
LANAO DEL NORTE, Respondent.; (i) That the accused has been previously convicted or acquitted of the
A.M. No. RTJ-15-2419 (FORMERLY offense charged, or the case against him was dismissed or otherwise
A.M. OCA IPI No. 11-3649-RTJ) - terminated without his express consent.
PROSECUTOR DIOSDADO D.
In filing a motion to quash, the accused "assails the validity of a criminal complaint or
CABRERA, Complainant, v. JUDGE
information filed against him [or her] for insufficiency on its face in point of law, or for defects
ALAN L. FLORES, PRESIDING JUDGE,
which are apparent in the face of the information."136 If the accused avails himself or herself of
REGIONAL TRIAL COURT, BRANCH 7,
TUBOD, LANAO DEL NORTE AND a motion to quash, the accused "hypothetical[ly] admits the facts alleged in the information."137

FORMER ACTING PRESIDING JUDGE, "Evidence aliunde or matters extrinsic from the information are not to be considered."138 Ch a n Ro b le s Virtu a la wlib ra ry

REGIONAL TRIAL COURT, BRANCH

21, KAPATAGAN, LANAO DEL NORTE, "If the motion to quash is based on an alleged defect of the complaint or information which can
Respondent. be cured by amendment, the court shall order [the] amendment [of the complaint or

information]."139 If the motion to quash is based on the ground that the facts alleged in the
complaint or information do not constitute an offense, the trial court shall give the prosecution
 G.R. No. 189649, April 20, 2015 - "an opportunity to correct the defect by amendment."140 If after amendment, the complaint or
ADORACION CAROLINO (SPOUSE information still suffers from the same defect, the trial court shall quash the complaint or
AND IN SUBSTITUTION OF THE
information.141
DECEASED JEREMIAS A. CAROLINO),
Petitioner, v. GEN. GENEROSO
IV
SENGA, AS CHIEF OF STAFF OF THE
ARMED FORCES OF THE PHILIPPINES
However, Ilagan142 and Umil do not apply to this case. Petitioner Salibo was not arrested by
(AFP); BRIG. GEN. FERNANDO ZABAT,
virtue of any warrant charging him of an offense. He was not restrained under a lawful process
AS CHIEF OF THE AFP FINANCE
or an order of a court. He was illegally deprived of his liberty, and, therefore, correctly availed
CENTER; COMMO. REYNALDO
himself of a Petition for Habeas Corpus.
BASILIO, AS CHIEF OF THE AFP-GHQ
MANAGEMENT AND FISCAL OFFICE;
The Information and Alias Warrant of Arrest issued by the Regional Trial Court, Branch 221,
AND COMMO. EMILIO MARAYAG,
Quezon City in People of the Philippines v. Datu Andal Ampatuan, Jr., et al. charged and
PENSION AND GRATUITY OFFICER,
accused Butukan S. Malang, not Datukan Malang Salibo, of 57 counts of murder in connection
PENSION AND GRATUITY
with the Maguindanao Massacre.
MANAGEMENT CENTER, AFP FINANCE
CENTER, Respondent.
Furthermore, petitioner Salibo was not validly arrested without a warrant. Rule 113, Section 5 of
the Rules of Court enumerates the instances when a warrantless arrest may be made: c h a n ro b le s v irtu a la wlib ra ry

G.R. No. 183641, April 22, 2015 -

BENJAMIN GUERRERO, Petitioner, v. SEC. 5. Arrest without warrant; when lawful.—A peace officer or a private person
DIRECTOR, LAND MANAGEMENT may, without a warrant, arrest a person: c h a n ro b le s v irtu a la wlib ra ry

BUREAU, FLORANTE EDWARD R.

BENITEZ, PROJECT EVALUATION (a) When, in his presence, the person to be arrested has committed, is
OFFICER III, LEGAL DIVISION; AND actually committing, or is attempting to commit an offense;
HEIRS OF MARCELO BUSTAMANTE, (b) When an offense has just been committed and he has probable
REPRESENTED BY CORA Z. cause to believe based on- personal knowledge of facts or
BUSTAMANTE, Respondent. circumstances that the person to be arrested has committed it;
(c) When the person to be arrested is a prisoner who has escaped from
G.R. No. 205188, April 22, 2015 - a penal establishment or place where he is serving final judgment or
REPUBLIC OF THE PHILIPPINES, is temporarily confined while his case is pending, or has escaped while
REPRESENTED BY HONORABLE being transferred from one confinement to another.
LOURDES M. TRASMONTE IN HER
In cases falling under paragraphs (a) and (b) above, the person arrested without a
CAPACITY AS UNDERSECRETARY OF
warrant shall be forthwith delivered to the nearest police station or jail and shall be
THE DEPARTMENT OF LABOR AND
proceeded against in accordance with section 7 of Rule 112.
EMPLOYMENT, AND AHONORABLE
JENNIFER JARDIN-MANALILI, IN HER It is undisputed that petitioner Salibo presented himself before the Datu Hofer Police Station to
CAPACITY AS THEN PHILIPPINE clear his name and to prove that he is not the accused Butukan S. Malang. When petitioner
OVERSEAS EMPLOYMENT Salibo was in the presence of the police officers of Datu Hofer Police Station, he was neither
ADMINISTRATOR, Petitioner, v. committing nor attempting to commit an offense. The police officers had no personal knowledge
HUMANLINK MANPOWER of any offense that he might have committed. Petitioner Salibo was also not an escapee
CONSULTANTS, INC. (FORMERLY MHY prisoner.
NEW RECRUITMENT INTERNATIONAL,
INC.), Respondent. The police officers, therefore, had no probable cause to arrest petitioner Salibo without a
warrant. They deprived him of his right to liberty without due process of law, for which a
G.R. No. 182805, April 22, 2015 - petition for habeas corpus may be issued.
HEIRS OF SERAPIO MABBORANG:
LAURIANO MABBORANG, DOMINGO The arrest of petitioner Salibo is similar to the arrest of Atty. Risonar in the "disturbing"143 case
MABBORANG, ENCARNACION
of Ilagan.144 Like petitioner Salibo, Atty. Risonar went to Camp Catitipan to verify and contest
MABBORANG, FELIX MABBORANG,
any arrest papers against him. Then and there, Atty. Risonar was arrested without a warrant. In
FAUSTINA MABBORANG, ELIAS
his dissenting opinion in Ilagan,145 Justice Claudio Teehankee stated that the lack of preliminary
MABBORANG, ALBERTA
investigation deprived Atty. Risonar, together with Attys. Ilagan and Arellano, of his right to due
MABBORANG; HEIRS OF REGINO
process of law — a ground for the grant of a petition for habeas corpus:146
MABBORANG: JOSE MABBORANG,
DIONICIA MABBORANG, SOTERA
The majority decision holds that the filing of the information without preliminary investigation
MABBORANG, MARIANO
falls within the exceptions of Rule 112, sec. 7 and Rule 113, sec. 5 of the 1985 Rules on
MABBORANG; HEIRS OF SUSANA
Criminal Procedure. Again, this is erroneous premise. The fiscal misinvoked and misapplied the
MABBORANG: CECILIA UBINA-OCAB
cited rules. The petitioners are not persons "lawfully arrested without a warrant." The fiscal
AND CANDIDA U. TAGUIGA;
could not rely on the stale and inoperative PDA of January 25, 1985. Otherwise, the rules would
SEGUNDA MABBORANG; HEIRS OF
be rendered nugatory, if all that was needed was to get a PDA and then serve it at one's whim
VICTORINO MABBORANG: JUAN
and caprice when the very issuance of the PDA is premised on its imperative urgency and
MABBORANG, JR., SERVANDO
necessity as declared by the President himself. The majority decision then relies on Rule 113,
MABBORANG; AND HEIRS OF
Sec. 5 which authorizes arrests without warrant by a citizen or by a police officer who witnessed
VICENTE MABBORANG: MARIANO
the arrestee in flagrante delicto, viz. in the act of committing the offense. Quite obviously, the
MABBORANG, MARTIN MABBORANG,
arrest was not a citizen's arrest nor were they caught in flagrante delicto violating the law. In
LUZ MABBORANG-CARILLO,
fact, this Court in promulgating the 1985 Rules on Criminal Procedure have tightened and made
Petitioners, v. HERMOGENES
the rules more strict. Thus, the Rule now requires that an offense "has in fact just been
MABBORANG AND BENJAMIN
committed." This connotes immediacy in point of time and excludes cases under the old rule
MABBORANG, Respondent.
where an offense "has in fact been committed" no matter how long ago. Similarly, the arrestor
must have "personal knowledge of facts indicating that the [arrestee] has committed it"
A.M. No. P-12-3092 (Formerly A.M.
(instead of just "reasonable ground to believe that the [arrestee] has committed it" under the
No. 12-7-54-MTC), April 14, 2015 -
old rule). Clearly, then, an information could not just be filed against the petitioners without
OFFICE OF THE COURT
ADMINISTRATOR, Complainant, v. due process and preliminary investigation.147 (Emphasis in the original, citation omitted)

REMEDIOS R. VIESCA, CLERK OF

COURT II, MUNICIPAL TRIAL COURT Petitioner Salibo's proper remedy is not a Motion to Quash Information and/or Warrant of
Arrest. None of the grounds for filing a Motion to Quash Information apply to him. Even if
OF SAN ANTONIO, NUEVA ECIJA, petitioner Salibo filed a Motion to Quash, the defect he alleged could not have been cured by
Respondent. mere amendment of the Information and/or Warrant of Arrest. Changing the name of the
accused appearing in the Information and/or Warrant of Arrest from "Butukan S. Malang" to
G.R. Nos. 211933 & 211960, April "Datukan Malang Salibo" will not cure the lack of preliminary investigation in this case.
15, 2015 - ROBERTA S.
SALDARIEGA, Petitioner, v. HON. A motion for reinvestigation will' not cure the defect of lack of preliminary investigation. The
ELVIRA D.C. PANGANIBAN, Information and Alias Warrant of Arrest were issued on the premise that Butukan S. Malang and
PRESIDING JUDGE, BRANCH 227, Datukan Malang Salibo are the same person. There is evidence, however, that the person
REGIONAL TRIAL COURT, NATIONAL detained by virtue of these processes is not Butukan S. Malang but another person named
CAPITAL REGION, QUEZON CITY AND Datukan Malang Salibo.
PEOPLE OF THE PHILIPPINES,
Respondent. Petitioner Salibo presented in evidence his Philippine passport,148 his identification card from the

Office on Muslim Affairs,149 his Tax Identification Number card,150 and clearance from the
G.R. No. 179334, April 21, 2015 -
National Bureau of Investigation151 all bearing his picture and indicating the name "Datukan
SECRETARY OF THE DEPARTMENT OF
Malang Salibo." None of these government-issued documents showed that petitioner Salibo
PUBLIC WORKS AND HIGHWAYS AND
used the alias "Butukan S. Malang."
DISTRICT ENGINEER CELESTINO R.
CONTRERAS, Petitioners, v. SPOUSES
Moreover, there is evidence that petitioner Salibo was not in the country on November 23, 2009
HERACLEO AND RAMONA TECSON,
when the Maguindanao Massacre occurred.
Respondents.

A Certification152 from the Bureau of Immigration states that petitioner Salibo departed for
G.R. No. 201146, April 15, 2015 -
Saudi Arabia on November 7, 2009 and arrived in the Philippines only on December 20, 2009. A
PEOPLE OF THE PHILIPPINES,
Appellee, v. MICHAEL ROS Y ORTEGA, Certification153 from Saudi Arabian Airlines attests that petitioner Salibo departed for Saudi

RODOLFO JUSTO, JR. Y CALIFLORES, Arabia on board Saudi Arabian Airlines Flight SV869 on November 7, 2009 and that he arrived in

AND DAVID NAVARRO Y MINAS, the Philippines on board Saudi Arabian Airlines SV870 on December 20, 2009. c ra la wla wlib ra ry

Appellants.
V
A.C. No. 9868 [formerly CBD Case
No. 05-1617], April 22, 2015 - ATTY. People of the Philippines v. Datu Andal Ampatuan, Jr., et al. is probably the most complex case
ALFREDO L. VILLAMOR, JR., pending in our courts. The case involves 57 victims 154 and 197 accused, two (2) of which have
Complainant, v. ATTYS. E. HANS A.
become state witnesses.155 As of November 23, 2014, 111 of the accused have been
SANTOS AND AGNES H. MARANAN,
arraigned, and 70 have filed petitions for bail of which 42 have already been resolved.156 To
Respondents.
require petitioner Salibo to undergo trial would be to further illegally deprive him of his liberty.
Urgency dictates that we resolve his Petition in his favor given the strong evidence that he is
G.R. No. 200465, April 20, 2015 -
not Butukan S. Malang.
JOCELYN ASISTIO Y CONSINO,
Petitioner, v. PEOPLE OF THE
PHILIPPINES AND MONICA NEALIGA, In ordering petitioner Salibo's release, we are prejudging neither his guilt nor his innocence.
Respondent. However, between a citizen who has shown that he was illegally deprived of his liberty without
due process of law and the government that has all the "manpower and the resources at [its]
G.R. Nos. 192698-99, April 22, command"157 to properly indict a citizen but failed to do so, we will rule in favor of the citizen.
2015 - RAYMUNDO E. ZAPANTA,
Petitioner, v. PEOPLE OF THE Should the government choose to prosecute petitioner Salibo, it must pursue the proper
PHILIPPINES, Respondent. remedies against him as provided in our Rules. Until then, we rule that petitioner Salibo is
illegally deprived of his liberty. His Petition for Habeas Corpus must be granted. c ra la wre d

G.R. No. 197597, April 08, 2015 -

IN THE MATTER OF THE PETITION
WHEREFORE, the Petition for Review on Certiorari is GRANTED. The Court of Appeals Decision
FOR HABEAS CORPUS OF DATUKAN
dated April 19, 2011 is REVERSED and SET ASIDE. Respondent Warden, Quezon City Jail
MALANG SALIBO, DATUKAN MALANG
Annex, Bureau of Jail Management and Penology Building, Camp Bagong Diwa, Taguig, is
SALIBO, Petitioner, v. WARDEN,
ORDERED to immediately RELEASE petitioner Datukan Maiang Salibo from detention.
QUEZON CITY JAIL ANNEX, BJMP
BUILDING, CAMP BAGONG DIWA,
The Letter of the Court of Appeals elevating the records of the case to this court is hereby
TAGUIG CITY AND ALL OTHER
NOTED.
PERSONS ACTING ON HIS BEHALF
AND/OR HAVING CUSTODY OF
SO ORDERED. c h a n ro b le s v irtu a la wlib ra ry

DATUKAN MALANG SALIBO,

Respondents.
Carpio, (Chairperson), Brion, Del Castillo, and Mendoza, JJ., concur.

G.R. No. 159611, April 22, 2015 -

HEIRS OF ANTERO SOLIVA, Petitioner, Endnotes:
v. SEVERINO, JOEL, GRACE, CENON,
JR., RENATO, EDUARDO, HILARIO, 1 Rollo, pp. 3-60.
ALL SURNAMED SOLIVA, ROGELIO V.
ROLEDA, AND SANVIC ENTERPRISES,
2 Id. at 65-82. The Decision was penned by Associate Justice Ramon R. Garcia and
INC., REPRESENTED BY ITS
concurred in by Associate Justices Rosmari D. Carandang (Chair) and Samuel H.
MANAGER, SANTOS PORAQUE,
Gaerlan of the Ninth Division.
Respondents.

3 Id. at 129-138. The Decision was penned by Judge Briccio C. Ygana of Branch 153
G.R. No. 212381, April 22, 2015 -
REYNALDO M. JACOMILLE, Petitioner, of the Regional Trial Court, Pasig City.

v. HON. JOSEPH EMILIO A. ABAYA, IN

4 Id. at 183.
HIS CAPACITY AS SECRETARY OF
TRANSPORTATION AND
COMMUNICATIONS (DOTC); ATTY. 5 Id. at 184.
ALFONSO V. TAN, JR., IN HIS
CAPACITY AS ASSISTANT 6 Id.
SECRETARY OF THE LAND
TRANSPORTATION OFFICE (LTO); 7 Id.
HON. FLORENCIO ABAD, IN HIS
CAPACITY AS SECRETARY OF 8 Crim. Case Nos. Q-09-16214872, Q-09-162216-31, and Q-10-162662-66. The
BUDGET AND MANAGEMENT (DBM);
cases are currently pending in the sala of Judge Jocelyn Solis-Reyes. See Re: Petition
HON. ARSENIO M. BALISACAN, IN HIS
for Radio and Television Coverage of the Multiple Murder Cases against Mindanao
CAPACITY AS DIRECTOR GENERAL
Governor Ampatuan, et al., 667 Phil. 128, 131 (2011) [Per J. Carpio-Morales, En
OF THE NATIONAL ECONOMIC AND
Banc].
DEVELOPMENT AUTHORITY (NEDA);
HON. MARIA GRACIA M. PULIDO TAN,
9 Rollo, pp. 184-185.
IN HER CAPACITY AS CHAIRPERSON
OF THE COMMISSION ON AUDIT
10 Id. at 185.
(COA) AND POWER PLATES
DEVELOPMENT CONCEPTS, INC.,/J.
11 Id.
KNIERIEM B.V. GOES (JKG) (JOINT
VENTURE) REPRESENTED BY ITS
MANAGING DIRECTOR, CHRISTIAN S. 12 Id.
CALALANG, Respondents.
13 Id.
G.R. No. 202331, April 22, 2015 -
THE PROVINCIAL GOVERNMENT OF 14 Id.
AURORA, Petitioner, v. HILARIO M.
MARCO, Respondents.
15 Id. at 185-186.

G.R. No. 197562, April 20, 2015 -

16 Id. at 182-197.
AURORA ENGSON FRANSDILLA,
Petitioner, v. PEOPLE OF THE
17 Id. at 190.
PHILIPPINES, Respondent.

G.R. No. 180771, April 21, 2015 - 18 Id.

RESIDENT MARINE MAMMALS OF THE
PROTECTED SEASCAPE TANON 19 Id. at 199-201.
STRAIT, E.G., TOOTHED WHALES,
DOLPHINS, PORPOISES, AND OTHER 20 Id. at 200.
CETACEAN SPECIES, JOINED IN AND
REPRESENTED HEREIN BY HUMAN
21 Id.
BEINGS GLORIA ESTENZO RAMOS
AND ROSE-LIZA EISMA-OSORIO, IN
THEIR CAPACITY AS LEGAL 22 Id. at 132.
GUARDIANS OF THE LESSER LIFE-
FORMS AND AS RESPONSIBLE 23 Id.
STEWARDS OF GOD'S CREATIONS,
Petitioners, v. SECRETARY ANGELO 24 Id.
REYES, IN HIS CAPACITY AS
SECRETARY OF THE DEPARTMENT OF
25 Id. at 132-133.
ENERGY (DOE), SECRETARY JOSE L.
ATIENZA, IN HIS CAPACITY AS
26 Id. at 133.
SECRETARY OF THE DEPARTMENT OF
ENVIRONMENT AND NATURAL
27 Id.
RESOURCES (DENR), LEONARDO R.
SIBBALUCA, DENR REGIONAL
DIRECTOR-REGION VII AND IN HIS 28 Id. at 133-135.
CAPACITY AS CHAIRPERSON OF THE
TANON STRAIT PROTECTED 29 Id. at 137.
SEASCAPE MANAGEMENT BOARD,
BUREAU OF FISHERIES AND AQUATIC 30 Id. at 137-138.
RESOURCES (BFAR), DIRECTOR
MALCOLM I. SARMIENTO, JR., BFAR
31 Id. at 136-137 and 175.
REGIONAL DIRECTOR FOR REGION
VII ANDRES M. BOJOS, JAPAN
32 Id. at 136 and 164.
PETROLEUM EXPLORATION CO., LTD.
(JAPEX), AS REPRESENTED BY ITS
33 Id. at 135.
PHILIPPINE AGENT, SUPPLY OILFIELD
SERVICES, INC., Respondents.; G.R.
No. 181527 - CENTRAL VISAYAS 34 Id. at 140.
FISHERFOLK DEVELOPMENT CENTER
(FIDEC), CERILO D. ENGARCIAL, 35 Id. at 136.
RAMON YANONG, FRANCISCO LABID,
IN THEIR PERSONAL CAPACITY AND 36 Id. at 131 and 136.
AS REPRESENTATIVES OF THE
SUBSISTENCE FISHERFOLKS OF THE
37 Id. at 204-206.
MUNICIPALITIES OF ALOGUINSAN
AND PINAMUNGAJAN, CEBU, AND
38 Id. at 81.
THEIR FAMILIES, AND THE PRESENT
AND FUTURE GENERATIONS OF
FILIPINOS WHOSE RIGHTS ARE 39 Id. at 76-77.
SIMILARLY AFFECTED, Petitioners, v.
SECRETARY ANGELO REYES, IN HIS 40 Id. at 79.
CAPACITY AS SECRETARY OF THE
DEPARTMENT OF ENERGY (DOE),
41 Id. at 77.
JOSE L. ATIENZA, IN HIS CAPACITY
AS SECRETARY OF THE DEPARTMENT
42 Id. at 87-124.
OF ENVIRONMENT AND NATURAL
RESOURCES (DENR), LEONARDO R.
43 Id. at 84-86. The Resolution was penned by Associate Justice Ramon R. Garcia
SIBBALUCA, IN HIS CAPACITY AS
DENR REGIONAL DIRECTOR-REGION and concurred in by Associate Justices Rosmari D. Carandang (Chair) and Samuel H.

VII AND AS CHAIRPERSON OF THE Gaerlan of the Ninth Division.

TAÑON STRAIT PROTECTED

44 Id. at 3.
SEASCAPE MANAGEMENT BOARD,
ALAN ARRANGUEZ, IN HIS CAPACITY
AS DIRECTOR ENVIRONMENTAL 45 Id. at 277-298.
MANAGEMENT BUREAU-REGION VII,
DOE REGIONAL DIRECTOR FOR 46 Id. at 327-346.
REGION VIII1 ANTONIO LABIOS,
JAPAN PETROLEUM EXPLORATION 47 Id. at 16-42.
CO., LTD. (JAPEX), AS REPRESENTED
BY ITS PHILIPPINE AGENT, SUPPLY
48 Id. at 42-50.
OILFIELD SERVICES, INC.,
Respondent.
49 Id. at 291-292.

G.R. No. 202950, April 06, 2015 -

50 CONST., art. VIII, sec. 5(1); RULES OF COURT, Rule 102, sec. 2.
BALTAZAR IBOT, Petitioner, v. HEIRS
OF FRANCISCO TAYCO,
REPRESENTED BY FLORA TAYCO, 51 Batas Blg. 129 (1981), sec. 9(1); RULES OF COURT, Rule 102, sec. 2.
WILLY TAYCO AND MERLYN T.
BULANTE, Respondents. 52 Batas Blg. 129 (1981), sec. 21(1);RULES OF COURT, Rule 102, sec. 2.

G.R. No. 187013, April 22, 2015 - 53 RULES OF COURT, Rule 102, sec. 6.
SPOUSES MAGDALINO AND CLEOFE
BADILLA, Petitioners, v. FE BRAGAT,
54 RULES OF COURT, Rule 102, sec. 12.
Respondent.

55 RULES OF COURT, rule 102, sec. 6; See Medina v. Gen. Yan, 158 Phil. 286, 296
 G.R. No. 194642, April 06, 2015 - (1974) [Per J. Fernandez, En Banc]; See also Saulo v. Brig. Gen. Cruz, etc., 109 Phil.
NUNELON R. MARQUEZ, Petitioner, v. 378, 382 (1960) [Per J. J. B. L. Reyes, En Banc].
ELISAN CREDIT CORPORATION,
Respondents. 56 Medina v. Gen. Yan, 158 Phil. 286, 298 (1974) [Per J. Fernandez, En Banc],

A.M. No. 07-11-14-SC, April 14, 57 See Medina v. Gen. Yan, 158 Phil. 286, 298-299 (1974) [Per J. Fernandez, En
2015 - RE: LETTER OF ERLINDA
Banc]. See also Saulo v. Brig. Gen. Cruz, etc., 109 Phil. 378, 382 (1960) [Per J.
ILUSORIO-BILDNER, POTC,
J.B.L. Reyes, En Banc].
PHILCOMSAT, REQUESTING
INVESTIGATION OF CERTAIN
58 109 Phil. 378 (1960) [Per J. J.B.L. Reyes, En Banc].
MEMBERS OF THE JUDICIARY

59 Id. at 379.
G.R. No. 209331, April 24, 2015 -
DEPARTMENT OF FINANCE,
60 Id.
REPRESENTED BY HON. CESAR V.
PURISIMA IN HIS OFFICIAL CAPACITY
61 Id. at 380-381.
AS SECRETARY, AND THE BUREAU OF
CUSTOMS, REPRESENTED BY HON.
ROZZANO RUFINO B. BIAZON, IN HIS 62 Id. at 382.
OFFICIAL CAPACITY AS
COMMISSIONER OF CUSTOMS, 63 Id.
Petitioners, v. HON. MARINO M. DELA
CRUZ, JR., IN HIS CAPACITY AS 64 Id.
EXECUTIVE JUDGE, REGIONAL TRIAL
COURT, MANILA, HON. FELICITAS O.
65 Id.
LARON-CACANINDIN, IN HER
CAPACITY AS PRESIDING JUDGE,
66 Id.
REGIONAL TRIAL COURT, MANILA,
BRANCH 17, RONNIE C. SILVESTRE,
67 158 Phil. 286 (1974) [Per J. Fernandez, En Banc].
EDWARD P. DELA CUESTA, ROGEL C.
GATCHALIAN, IMELDA D.CRUZ,
LILIBETH S. SANDAG, RAYMOND P. 68 Id. at 290.
VENTURA, MA. LIZA S. TORRES,
ARNEL C. ALCARAZ, MA. LOURDES V. 69 Id.
MANGAOANG, FRANCIS AGUSTIN Y.
ERPE, CARLOS T. SO, MARIETTA D. 70 Id.
ZAMORANOS, CARMELITA M.
TALUSAN,1 AREFILES H. CARREON,2
AND ROMALINO G. VALDEZ, 71 Id. at 294-297.
Respondents.

72 Id. at 298.

73 Id. at 298299.

74 Medina v. Gen. Yan, 158 Phil. 286, 298 (1974) [Per J. Fernandez, En Banc].

75 Batas Blg. 129 (1981), sec. 9(3).

76 Morales, Jr. v. Enrile, 206 Phil. 466, 495 (1983) [Per J. Concepcion, Jr., En Banc].

77 Villavicencio v. Lukban, 39 Phil. 778, 788 (1919) [Per J. Malcolm, En Banc].

78 De Villa v. Director, New Bililbid Prisons, 485 Phil. 368, 381 (2004) [Per J. Ynares-
Santiago, En Banc]; Calvan v. Court of Appeals, 396 Phil. 133, 144 (2000) [Per J.
Vitug, Third Division].

79 Mangila v. Pangilinan, G.R. No. 160739, July 17, 2013, 701 SCRA 355, 360 [Per J.
Bersamin, First Division], citing Caballes v. Court of Appeals, 492 Phil. 410, 422
(2005) [Per J. Callejo, Sr., Second Division]; Saulo v. Brig. Gen. Cruz, etc., 105 Phil.
315, 320-321 (1959) [Per J. Concepcion, En Banc], citing 25 Am. Jur., p. 245.

80 Villavicencio v. Lukban, 39 Phil. 778,789 (1919) [Per J. Malcolm, En Banc].

81 RULES OF COURT, Rule 102, sec. 1.

82 Villavicencio v. Lukban, 39 Phil. 778, 790 (1919) [Per J, Malcolm, En Banc].

83 Id.

84 See Gumabon, et al. v. Director of the Bureau of Prisons, 147 Phil. 362 (1971)
[Per J. Fernando, En Banc], Conde v. Rivera and Unson, 45 Phil. 6.50 (1924) [Per J.
Malcolm, En Banc], and Ganaway v. Quillen, 42 Phil. 805 (1922) [Per J. Malcolm, En
Banc].
85 Villavicencio v. Lukban, 39 Phil. 778 (1919) [Per J. Malcolm, En Banc]; Rubi v.
Provincial Board of Mindoro, 39 Phil. 660 (1919) [Per J. Malcolm, En Banc].

86 CONST., art. Ill, sec. 1 provides:

Section 1. No person shall be deprived of life, liberty, or property without due

process of law, nor shall any person be denied the equal protection of the laws.

87 See Gumabon, et al. v. Director of the Bureau of Prisons, A1 Phil. 362 (1971) [Per
J. Fernando, En Banc].

88 147 Phil. 362 (1971) [Per J. Fernando, En Banc].

89 Id. at 364.

90 99 Phil. 515 (1956) [Per J. Concepcion, En Banc].

91 Gumabon, et al. v. Director of the Bureau of Prisons, 147 Phil. 362, 364 (1971)
[Per J. Fernando, En Banc].

92 Id. at 364-365.

93 Id. at 372.

94 22 L Ed 2d 281 (1969).

95 Gumabon, et al. v. Director of the Bureau of Prisons, 147 Phil. 362, 367-368
(1971) [Per J. Fernando, En Banc].

96 39 Phil. 660 (1919) [Per J. Malcolm, En Banc].

97 Id. at 667-668.

98 Id. at 666.

99 Id. at 720. This court, however, denied the Petition for Habeas Corpus. It ruled
that Resolution No. 25 validly displaced the Mangyans from their native habitat in
order to "begin the process of civilization" (Id. at 712).

100 39 Phil. 778, 782 (1919) [Per J. Malcolm, En Banc].

101 Id. at 780.

102 Id. at 780-781.

103 Id. at 782.

104 Id. at 799.

105 Id. at 785-786.

106 Id. at 786.

107 Id

108 Gumabon, et al. v. Director of the Bureau of Prisons, 147 Phil. 362, 367 (1971)
[Per J. Fernando, En Banc], citing Ganaway v. Quillen, 42 Phil. 805 (1922) [Per J.
Malcolm, En Banc].

109 CONST., art. III, sec. 15 provides:

Section 15. The privilege of the writ of habeas corpus shall not be suspended except
in cases of invasion or rebellion when the public safety requires it.

110 Morales, Jr. v. Minister Enrile, et al., 206 Phil. 466, 495 (1983) [Per J.
Concepcion, Jr., En Banc].

111 See In Re: Petition for Habeas Corpus of Villar v. Director Bugarin, 224 Phil.
161, 170 (1985) [Per C.J. Makasiar, En Banc], Celeste v. People, 142 Phil. 308, 312
(1970) [Per J. Fernando, En Banc], Santiago v. Director of Prisons, 77 Phil. 927,
930-931 (1947) [Per J. Tuason, En Banc], Quintos v. Director of Prisons, 55 Phil.
304, 306 (1930) [Per J. Malcolm, En Banc], and Carrihgton v. Peterson, 4 Phil. 134,
138 (1905) [Per J. Johnson, En Banc].

112 In the Matter of the Petition for Habeas Corpus of Harvey v. Hon. Santiago, 245
Phil. 809, 816 (1988) [Per J. Melencio-Herrera, Second Division], citing Cruz v. Gen.
Montoya, 159 Phil. 601, 604-605 (1975) [Per J. Fernando, Second Division].

113 Integrated Bar of the Philippines v. Hon. Ponce Enrile, 223 Phil. 561, 580 (1985)
[Per J. Melencio- Herrera, En Banc]; In the Matter of the Petition for Habeas Corpus
of Harvey v. Hon. Santiago, 245 Phil. 809, 816 (1988) [Per J. Melencio-Herrera,
Second Division], citing Beltran v. P.C. Capt. Garcia, 178 Phil. 590, 594 (1979) [Per
Acting C.J. Fernando, Eri Banc].

114 Integrated Bar of the Philippines v. Hon. Ponce Enrile, 223 Phil. 561 (1985) [Per
J. Melencio-Herrera, En Banc].

115 Id. at 573.

116 Id.

117 Id.

118 Id. at 572.

119 Id. at 561 and 573.

120 Id. at 573.

121 Id.

122 Id.

123 Id. at 574.

124 Id.

125 Id. at 575.

126 Id.

127 Id. at 576.

128 Id.

129 G.R. No. 81567, July 9, 1990, 187 SCRA 311 [Per Curiam, En Banc].

130 Id. at 317-331.

131 Id. at 332.

132 Id.

133 Caballes v. Court of Appeals, 492 Phil. 410, 422 (2005) [Per J. Callejo, Sr.,
Second Division].

134 Integrated Bar of the Philippines v. Hon. Ponce Enrile, 223 Phil. 561, 577 (1985)
[Per J. Melencio- Herrera, En Banc]; Bernarte v. Court of Appeals, 331 Phil. 643, 657
(1996) [Per J. Romero, Second Division].

135 RULES OF COURT, Rule 117, sec. l.

136 People v. Odtuhan, G.R. No. 191566, July 17, 2013, 701 SCRA 506, 512 [Per J.
Peralta; Third Division].

137 Id.

138 Id.

139 RULES OF COURT, Rule 117, sec. 4.

140 RULES OF COURT, Rule 117, sec. 4.

141 RULES OF COURT, Rule 117, sec. 4.

142 Integrated Bar of the Philippines v. Hon. Ponce Enrile, 223 Phil. 561 (1985) [Per
J. Melencio-Herrera, En Banc].

143 ISAGANI A. CRUZ, CONSTITUTIONAL LAW 292 (2007 ed.).

144 Integrated Bar of the Philippines v. Hon. Ponce Enrile, 223 Phil. 561 (1985) [Per
J. Melencio-Herrera, En Banc].

145 Integrated Bar of the Philippines v. Hon. Ponce Enrile, 223 Phil. 561 (1985) [Per
J. Melencio-Herrera, En Banc].

146 J. Teehankee, Dissenting Opinion in Integrated Bar of the Philippines v. Hon.

Ponce Enrile, 223 Phil. 561, 622 (1985) [Per J. Melencio-Herrera, En Banc].

147 Id.

148 Rollo, pp. 164-166.

149 Id. at 168.

150 Id. at 175.

151 Id.

152 Id. at 139.

153 Id. at 140.

154 Re: Petition for Radio and Television Coverage of the Multiple Murder Cases
against Mindanao Governor Ampatuan, et al., 667 Phil. 128, 131 (2011) [Per J.
Carpio-Morales, En Banc].

155 Chief Justice Maria Lourdes P.A. Sereno, SERENO SPEECH | On Maguindanao
Massacre: The culture of impunity and the counter-culture of hope (visited March 11,
 2015).

156 Id.

157 J. Teehankee, Dissenting Opinion in Integrated Bar of the Philippines v. Hon.

Ponce Enrile, 223 Phil. 561, 616 (1985) [Per J. Melencio-Henrera, En Banc].

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