JOSE C. MIRANDA, ALBERTO P. DALMACIO, and ROMEO B.

OCON, Petitioners, V.
VIRGILIO M. TULIAO, Respondent.

G.R. No. 158763            

March 31, 2006

FACTS

The initially accused for the murders of Vincente Buazon and Elizer Tuliao who was at large - SPO2
Maderal was arrested and executed a sworn statement and identified petitioners Miranda, Ocon,
Dalmacio and a certain Boyet dela Cruz and Amado Doe, as the persons responsible for the deaths of
Bauzon and Tuliao. Respondent Tuliao filed a criminal complaint for murder against the petitioners,
Boyet dela Cruz and Amado Doe and submitted the sworn confession of Maderal.

Petitioners filed an urgent motion to complete preliminary investigation and to recall or quash the
warrants of arrest. On the hearing of the urgent motion Judge Tamaliuan noted the absence of
petitioners and denied the urgent motion as the court did not acquire jurisdiction over their persons.
Petitioners then appealed the resolution of State Prosecutor Leo T. Reyes to the Department of Justice.
The new Presiding Judge Anastacio D. Anghad took over the case ordered the cancellation of warrant of
arrest issued against the petitioners. State Prosecutor Leo S. Reyes and respondent moved for the
reconsideration of the said joint order and prayed for the inhibition of the Judge Anghad but was
denied. Respondent appealed the case to Supreme Court and was referred to Court of Appeals where
the petition was granted and reinstated the criminal cases in RTC of Santiago City. Miranda et al. filed a
petition that the Court of Appeals erred in directing the reinstatement of Judge Tumaliuan’s order at an
accused cannot seek any judicial relief if he does not submit his person to the jurisdiction of the court.

ISSUE

Whether or not the accused can seek for judicial relief if he does not submit his person to the
jurisdiction of the court

RULING

No, an accused cannot seek any judicial relief if he does not submit his person to the jurisdiction of the
court. Jurisdiction over the person of the accused may be acquired either through compulsory process,
such as warrant of arrest, or through his voluntary appearance, such as when he surrenders to the police
or to the court. It is only when the court has already acquired jurisdiction over his person that an
accused may invoke the processes of the court (Pete M. Pico vs. Alfonso V. Combing, Jr., A.M. No. RTJ-
91-764, November 6, 1992). Thus, an accused must first be placed in the custody of the law before the
court may validly act on his petition for judicial reliefs