PHILIPPINE SUPREME
COURT
DECISIONS
EN BANC
Pleaseclick
here to read full text of the
following:chanroblesvirtuallawlibrary |
Main
Decision |
Bellosillo,
J.,
see separate opinion, concurring. |
Puno,
J., see dissenting opinion. |
Vitug,
J.,
see separate (dissenting) opinion. |
Quisumbing,
J.,
in the result, concur with J. Bellosillo’s opinion. |
Ynares-Santiago,
J.,
join the dissent, of J. Puno and J. Gutierrez. |
Sandoval-Gutierrez,
J.,
dissent, please see dissenting opinion. |
PEOPLE OF THE
PHILIPPINES,
THE SECRETARY OF JUSTICE,
DIRECTOR GENERAL
OF THE PHILIPPINE NATIONAL POLICE,
CHIEF STATE
PROSECUTOR
JOVENCITO ZUÑO,
STATE PROSECUTORS
PETER L. ONG and RUBEN A. ZACARIAS;
2ND ASSISTANT CITY
PROSECUTOR CONRADO M. JAMOLIN AND
CITY PROSECUTOR
OF QUEZON CITY CLARO ARELLANO,
Petitioners,
G.R.
No.
149453
April 1, 2003 - versus -
PANFILO M. LACSON,
Respondent. DISSENTING OPINION
PUNO,
J.:
Our Resolution of May
28, 2002 was the result of a long and exhaustive, nay, exhausting
discussion
of the meaning of section 8, Rule 117 of the Revised Rules of Criminal
Procedure. As summed up in the new ponencia of Mr. Justice Callejo, the
Court ruled that section 8, Rule 117 is applicable to the case at bar.
Nonetheless evidence has to be adduced by the parties to prove certain
facts which shall determine whether said section can be beneficially
invoked
by respondent Lacson. These vital facts, to quote the new ponencia, are
(1) whether the provisional dismissal of the cases had the express
consent
of the accused; (2) whether notices to the offended parties were given
before the cases of respondent Lacson were dismissed by then Judge
Agnir,
Jr.; (3) whether there were affidavits of desistance executed by the
relatives
of the three (3) other victims; (4) whether the 2-year period to revive
the cases has already lapsed; (5) whether there is any justification
for
the re-filing of the cases beyond the 2-year period; (6) whether the
reckoning
date of the 2-year bar shall be from the date of the order of then
Judge
Agnir, Jr. dismissing the cases, or from the dates of receipt thereof
by
the various offended parties, or from the date of effectivity of the
new
rule; and (7) if the cases were revived only after the 2-year bar, the
State must justify its failure to comply with the said time-bar. Thus,
the case at bar was remanded to the RTC-Quezon City, Branch 81 to
enable
the parties to adduce evidence on these factual issues. On the basis of
the evidence to be presented, the trial court will rule on the
applicability
of section 8, Rule 117 to respondent Lacson.chanrobles virtuallaw libraryred
chanrobles virtuallaw libraryred
It is noteworthy that
except for JJ Melo and Carpio, who inhibited themselves, the resolution
was a unanimous one. The new ponencia now seeks to reverse the
unanimous
resolution of this Court. The Court has four new members and the
passage
of time has put a mist on some of the themes and sub-themes considered
in the discussion of section 8, Rule 117. I wish therefore to restate
my
humble understanding of section 8, Rule 117, as chairman of the
Committee
on Revision of the Rules of Court that drafted the said rule.chanrobles virtuallaw libraryred
I start with the statement
that the Committee was confronted with the following problem:chanroblesvirtuallawlibrarychanrobles virtuallaw libraryred
A complaint or information
has been filed with a court of competent jurisdiction;chanrobles virtuallaw libraryred
The prosecution after
a number of settings cannot proceed with the case for some reasons but
usually due to the unavailability of the complainant or witnesses to
testify;chanrobles virtuallaw libraryred
chanrobles virtuallaw libraryred
1. The accused is ready
to proceed but cannot move to dismiss the case and invoke his right to
speedy trial because the delay of the prosecution is not yet
unreasonable;chanrobles virtuallaw libraryred
chanrobles virtuallaw libraryred
2. As a half-way
measure
and to relieve himself of the heavy burden of a pending criminal case,
the accused agrees to a provisional dismissal of the complaint or
information
against him;chanrobles virtuallaw libraryred
chanrobles virtuallaw libraryred
3. Under the rules
and case-law prior to year 2000, the provisional dismissal of a
criminal
case is open-ended. The case can be revived by the prosecution without
any time limit except when it is already barred by prescription. It is
not unusual for the case to be frozen for an unreasonable length of
time.
It remains in the docket of the court and contributes to its clogging.
Worse, it hangs like a sword of Damocles over the head of the accused.
It can fall principally depending on the predilection and prejudice of
the prosecutor.chanrobles virtuallaw libraryred
chanrobles virtuallaw libraryred
First. It was this
undesirable situation that the Committee on Revision of the Rules of
Court
addressed when it designed section 8, Rule 117 of the 2000 Revised
Rules
of Criminal Procedure. The Court en banc found no difficulty
appreciating
the rationale of the new rule for it approved the rule with but a minor
amendment. The amendment lengthened the time within which the
prosecution
can revive the provisionally dismissed case in offenses punishable by
more
than six (6) years of imprisonment. The time to revive was stretched to
two (2) years after a survey was made of offenses punishable by
imprisonment
of six (6) years or more and a study of its probable adverse impact on
the government campaign against crimes. In promulgating the new rule,
the
Court en banc struck a fine balance between the sovereign right of the
State to prosecute crimes and the inherent right of the accused to be
protected
from the unnecessary burdens of criminal litigation. The timeline
within
which provisionally dismissed cases can be revived forms the crux of
the
delicate balance.chanrobles virtuallaw libraryred
chanrobles virtuallaw libraryred
Second. Section 8,
Rule 117 is a rule that gives an accused a new right that is distinct
from,
among others, the right to speedy trial and the right against double
jeopardy.
The resistance to recognize this new right and the effort to
unnecessarily
link it with other rights of the accused are the main causes of its
misunderstanding.
Thus, section 8, Rule 117 should not be confused with Rule 119[1]
which is the rule of procedure that implements the constitutional right
of an accused to speedy trial. The confusion can obliterate the
difference
in the time requirements in the two rules. The right to speedy trial is
determined by a flexible time standard. We resolve claims of denial of
the right to speedy trial by balancing the following factors: (1) the
duration
of the delay, (2) the reason thereof, (3) the assertion of the right or
failure to assert it by the accused, and (4) the prejudice caused by
such
delay. On the other hand, the timeline that restricts the right of the
State to revive a case in a section 8, Rule 117 situation is inflexible
if it is shown that it has slept on its right without reason. Section
8,
Rule 117 should not also be confused with section 3(i), Rule 117 which
is the rule of procedure that protects the constitutional right of an
accused
against double jeopardy. Again, the two rules are distinct, hence, it
is
not proper to require the element of prior plea in double jeopardy
cases
in a section 8, Rule 117 situation. In fine, section 8, Rule 117 is a
new
rule that is complete by itself and should not be construed in light of
rules implementing other rights of an accused.chanrobles virtuallaw libraryred
chanrobles virtuallaw libraryred
Third. The provisional
dismissal under section 8 of Rule 119 becomes permanent after the lapse
of one or two years depending on the gravity of the offense involved.
There
can be no hedging on the meaning of the word permanent for the new rule
used the word without a bit of embroidery. To be emphatic, the lapse of
the one (1) or two (2) years time puts a period to the provisionally
dismissed
case and not a mere comma. It is true that during the deliberations of
the Committee, the provision was originally worded as follows: "The
corresponding
order shall state that the provisional dismissal shall become permanent
and amount to acquittal one (1) year after its issuance without the
case
having been revived." In the final version of the provision, however,
the
phrase "amount to acquittal" was deleted. The deletion was dictated by
the belief that the phrase was a redundancy in light of the clear and
unequivocal
import of the word "permanent." The deletion cannot be distorted to
mean
that a case permanently dismissed can still be revived. For if that
were
the intent, the rule could have easily stated that the accused whose
case
has been permanently dismissed could nevertheless be prosecuted for the
same offense. chanrobles virtuallaw libraryred
chanrobles virtuallaw libraryred
Fourth. The permanent
dismissal of an unrevived case under section 8, Rule 117 does not
unduly
shorten the prescriptive period of offenses provided for in Articles 90
and 91 of the Revised Penal Code. The new rule merely regulates the
conduct
of the prosecution of an offense once the case is filed in court. It
cannot
be doubted that after a case is filed in court, its conduct by the
prosecution
can be regulated by rules of procedure which are within the exclusive
power
of this Court to promulgate. More specifically, the new rule regulates
the time when the State must complete the prosecution of a pending case
after its provisional dismissal. It provides the consequence when the
State
sleeps on its duty to revive a provisionally dismissed case. If the
State
loses the right to continue the prosecution of an offense already filed
in court, it is not because the rule has amended the prescriptive
period
of the crime provided by our substantive law. Rather, it is a simple
case
where the State forfeited its right to prosecute by its own inaction,
an
inaction that unless justified cannot be allowed to further impair the
rights of an accused.
chanrobles virtuallaw libraryred
Fifth. The permanent
dismissal under section 8, Rule 117 precludes the prosecution of the
accused
for the same offense under a new information. Again, it is true that we
have rulings to the effect that a trial court may, in the interest of
justice,
dismiss a case provisionally but without prejudice to reinstating it
before
the order of dismissal becomes final or without prejudice to the
subsequent
filing of a new information for the same offense. But note should be
taken
of the important fact that these rulings were handed down before
section
8, Rule 117 came into being. Section 8, Rule 117 changed the old rule
that
dismissals which are provisional in character lack the imprimatur of
finality,
hence, they do not bar the revival of the offense charged or the filing
of a new information for the same offense. The old rule was precisely
jettisoned
by the Committee and by this Court because of its unfairness to the
accused.
Again, I respectfully submit that the new rule would be useless if it
would
leave unfettered the discretion of the prosecutor in reviving the same
offense under the fig leaf of a new information.chanrobles virtuallaw libraryred
chanrobles virtuallaw libraryred
Sixth. I do not share
the thesis that the re-filing of Criminal Cases Nos. Q-01-101102 to
Q-01-101112
is not a revival of Criminal Cases Nos. Q-99-81679 to Q-99-81689. There
cannot be any dispute on the meaning of the word revival in section 8,
Rule 117. Revival means reanimating or renewing the case that has
become
dormant because of its provisional dismissal. The cases that were
provisionally
dismissed for lack of probable cause refer to the eleven (11)
Informations
for murder filed against the respondent, et al., allegedly for the
summary
execution of some members of the Kuratong Baleleng gang. Without doubt,
these are the same cases re-filed against the respondent after another
preliminary investigation with the principal difference that respondent
is now charged as a principal and no longer as an accessory. chanrobles virtuallaw libraryred
chanrobles virtuallaw libraryred
I respectfully submit
that the test to determine whether a case can be revived is not whether
a new preliminary investigation has been conducted by the prosecution.
That test, if allowed, would torture out of context the intent of
section
8, Rule 117. The new rule speaks of "case" and "offenses." It clearly
prohibits
the revival of the case against an accused which has been provisionally
dismissed for failure of the State to continue its prosecution without
any justification. I like to underscore that the prohibition against
revival
is not a free gift by the State to an accused. The right against
revival
is the result of a trade-off of valuable rights for the accused can
exercise
it only if he surrenders his right to an early permanent dismissal of
the
case against him due to the inability of the State to prosecute. In so
doing, the accused suffers a detriment for he gives the State one to
two
years to revive a case which has already been frozen for failure to
prosecute.
During this waiting period, the accused cannot move to dismiss the
charge
against him while the State can locate its missing witnesses, secure
them
if they are threatened and even gather new evidence. In exchange for
this
period of grace given to the State, the rule sets a timeline for the
prosecutors
to revive the case against the accused. The timeline is fixed for the
accused
has suffered an indubitable detriment and the trade-off for this
detriment
is the duty imposed on the prosecution either to continue or
discontinue
with the case within the 1 or 2-year grace period. We cannot allow the
undue extension of this detriment unless the State can show compelling
reasons to justify its failure to prosecute. The open-ended practice
under
the old rule which makes provisional dismissal permanently provisional
is precisely the evil sought to be extirpated by section 8, Rule 117.chanrobles virtuallaw libraryred
chanrobles virtuallaw libraryred
Seventh, I wish to
stress the bigger reason for section 8, Rule 117. The new rule does
enhance
the constitutional rights of an accused to speedy trial and speedy
disposition
of the case(s) against him but it is much more than that. More broadly,
the new rule was designed to achieve one of the end-goals of the
criminal
process - to minimize the burdens of accusation and litigation. This
end-goal
is well explained by La Fave and Israel, conceded authorities in
Criminal
Procedure, viz:[2]
chanrobles virtuallaw libraryred
"(d) Minimizing the
Burdens of Accusation and Litigation. Even though eventually acquitted,
an innocent person charged with a crime suffers substantial burdens.
The
accusation casts a doubt on the person’s reputation that is not easily
erased. Frequently, the public remembers the accusation and still
suspects
guilt even after an acquittal. Moreover, even where an acquittal is
accepted
as fully vindicating the accused, it hardly remedies other costs
suffered
in the course of gaining that verdict. The period spent by the accused
awaiting trial commonly is filled with a substantial degree of anxiety
and insecurity that disrupts the daily flow of his life. That
disruption
is, of course, even greater if he is incarcerated pending trial. The
accused
also must bear the expense and ordeal of the litigation process itself."
chanrobles virtuallaw libraryred
This end-goal is by
no means novel. We have various rules of criminal procedure to minimize
the burdens of litigation. Our rules on bail, venue, double jeopardy,
speedy
trial, speedy disposition of cases, etc., are among them. In fine, we
have
been promulgating rules to minimize the burdens of litigation for a
long,
long time.
chanrobles virtuallaw libraryred
Let me also underscore
that section 8, Rule 117 was promulgated in the exercise of the
expanded
power of this Court to enact rules of procedure under section 5(5) of
the
1987 Constitution, viz:chanroblesvirtuallawlibrarychanrobles virtuallaw libraryred
"SEC. 5. The Supreme
Court shall have the following powers:chanroblesvirtuallawlibrarychanrobles virtuallaw libraryred
x x x x x x x x xchanrobles virtuallaw libraryred
(5) Promulgate rules
concerning the protection and enforcement of constitutional rights,
pleading,
practice, and procedure in all courts, the admission to the practice of
law, the Integrated Bar, and legal assistance to the underprivileged.
Such
rules shall provide a simplified and inexpensive procedure for the
speedy
disposition of cases, shall be uniform for all courts of the same
grade,
and shall not diminish, increase, or modify substantive rights. Rules
of
procedure of special courts and quasi-judicial bodies shall remain
effective
unless disapproved by the Supreme Court."chanrobles virtuallaw libraryred
chanrobles virtuallaw libraryred
This provision[3]
expanded the rule making power of this Court for (1) it extended its
power
not only to cover pleading, practice and procedure in all courts,
admission
to the practice of law and the integration of the Bar but also to
encompass
the protection and enforcement of constitutional rights and legal
assistance
to the underprivileged, and (2) it no longer contained the restriction
that said rules "may be repealed, altered or supplemented by the
Batasang
Pambansa."[4]
As aforediscussed, section 8, Rule 117 was designed to diminish the
burdens
of litigation by fixing a timeline on provisional dismissal of cases
beyond
which they cannot be revived. The regulation of the conduct of a
criminal
case once filed in court, including the time within which it must be
terminated,
is inherent in judicial power. Section 8, Rule 117 is an exercise of
this
power, a power that this Court has exercised without any question since
the 1935 Constitution.chanrobles virtuallaw libraryred
chanrobles virtuallaw libraryred
II
The dismissal of the
cases against respondent Lacson bears his express consent.chanrobles virtuallaw libraryred
This Court did not err
when it ruled "that the provisional dismissal of the case against
respondent
Lacson bears his express consent."chanrobles virtuallaw libraryred
The records will show
that respondent Lacson filed before then Judge Agnir, Jr. who was to
try
Criminal Cases Nos. Q-99-81679 to Q-99-81689, a motion for judicial
determination
of probable cause. The motion contained the following prayer:chanroblesvirtuallawlibrarychanrobles virtuallaw libraryred
"x x x x x x x x x
(1) a judicial determination
of probable cause pursuant to section 2, Article III of the
Constitution
be conducted by this Honorable Court, and for this purpose, an order be
issued directing the prosecution to present the private complainants
and
their witnesses at a hearing scheduled therefore; andchanrobles virtuallaw libraryred
(2) warrants for the
arrest of the accused-movants be withheld, or, if issued recalled in
the
meantime until the resolution of this incident.chanrobles virtuallaw libraryred
Other equitable reliefs
are also prayed for."[5]chanrobles virtuallaw libraryred
chanrobles virtuallaw libraryred
In ruling that the
dismissal of the cases against respondent Lacson did not bear his
consent,
the ponencia states that "x x x respondent merely filed a motion for
judicial
determination of probable cause x x x."[6]
It emphasizes that no motion for provisional dismissal of the cases was
filed. With due respect, the effort to distinguish the two motions is
futile
for it is seeking a distinction when there is no difference. The
essence
of both motions is the lack of probable cause of the Informations. If
the
motions succeed, there is only one course of action for the judge to
take
--- to dismiss the Informations. For all intents and purposes, a motion
for judicial determination of probable cause can be treated as a motion
to dismiss for lack of probable cause. Thus, Judge Agnir, Jr. prefaced
the resolution of respondent Lacson’s motion in this wise:chanroblesvirtuallawlibrarychanrobles virtuallaw libraryred
chanrobles virtuallaw libraryred
"Before the Court are
five (5) separate but identical motions filed thru their respective
counsel
by the twenty-six (26) accused in the above numbered cases, praying the
Court to (1) make a judicial determination of the existence of probable
cause for the issuance of warrants of arrest, (2) to hold in abeyance
the
issuance of warrants in the meantime, and (3) to dismiss the cases
should
the court find lack of probable cause."chanrobles virtuallaw libraryred
chanrobles virtuallaw libraryred
Prescinding from this
understanding, then Judge Agnir, Jr. issued his Resolution dismissing
Criminal
Cases Nos. Q-99-81679 to Q-99-81689, viz:chanroblesvirtuallawlibrary
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"As already seen, the
documents attached to the Informations in support thereof have been
rendered
meaningless, if not absurd, with the recantation of the principal
prosecution
witnesses and the desistance of the private complainants. There is no
more
evidence to show that a crime has been committed and that the accused
are
probably guilty thereof. Following the doctrine above-cited, there is
no
more reason to hold the accused for trial and further expose them to an
open and public accusation. It is time to write finis to these cases
and
lay to rest the ghost of the incident of May 18, 1995 so that all those
involved--- the accused, the prosecution witnesses and the private
complainants
alike--- may get on with their lives.chanrobles virtuallaw libraryred
The Court is not unmindful
of the admonition in the recent case of People vs. Court of Appeals
(G.R.
No. 126005, January 21, 1999) where the Supreme Court said that the
general
rule is that ‘if the Information is valid on its face and there is no
showing
of manifest error, grave abuse of discretion or prejudice on the part
of
the public prosecutor, courts should not dismiss it for want of
evidence,
because evidentiary matters should be presented and heard during the
trial’,
and that the ruling in Allado vs. Diokno ‘is an exception to the
general
rule and may be invoked only if similar circumstances are clearly shown
to exist.’chanrobles virtuallaw libraryred
This Court holds that
the circumstances in the case at bench clearly make an exception to the
general rule.chanrobles virtuallaw libraryred
WHEREFORE, in view of
the foregoing, the Court finds no probable cause for the issuance of
the
warrants of arrest against the accused or to hold them for trial.
Accordingly,
the Informations in the above-numbered cases are hereby ordered
dismissed."chanrobles virtuallaw libraryred
SO ORDERED.chanrobles virtuallaw libraryred
chanrobles virtuallaw libraryred
To justify his ruling,
the ponente insists that "respondent did not pray for the dismissal,
provisional
or otherwise, of Criminal Cases Nos. Q-99-81679 to Q-99-81689, neither
did he ever agree, impliedly or expressly, to a mere provisional
dismissal
of the case."[7]
With due respect, the specific prayer demanded by the ponente is
unnecessary.
Under Rule 112, section 6 of the 2000 Rules of Criminal Procedure, the
judge may "immediately dismiss the case if the evidence on record
clearly
fails to establish probable cause." Likewise, the motion for judicial
determination
of probable cause prayed for "other equitable reliefs." Similarly,
there
need not be any agreement on the provisional character of the dismissal
of the said cases. The cases were dismissed not on the merits but for
lack
of probable cause and before the arraignment of respondent Lacson.
Their
dismissal was provisional by operation of our rules.chanrobles virtuallaw libraryred
chanrobles virtuallaw libraryred
The ponencia then cites
certain judicial "admissions" by the counsel of respondent Lacson to
the
effect that they did not move to dismiss the Informations against said
respondent nor agree to their provisional dismissal. Again with due
respect,
these so called "admissions" should be taken in their proper context.
These
"admissions" were made in the course of the proceedings before the
Court
of Appeals. The parties then were arguing that the re-filing of the
cases
will violate the rule on double jeopardy. Naturally, respondent Lacson
took the position that his right against double jeopardy would be
violated,
hence, he was insisting that the dismissal of the cases was without his
express consent. Naturally too, the petitioner took the opposite view
that
the rule on double jeopardy would not be breached because respondent
consented
to their dismissal. If the ponencia will hold respondent Lacson to his
"admission" that he did not consent to the dismissal of his cases, it
should
similarly hold petitioner to its "admission" that respondent consented
to the dismissal of the cases against him. In truth, the evidentiary
rule
on admission governs the act, declaration or omission of a party as to
a relevant fact and should not be applied on arguments of parties. The
issue in the case at bar is the nature and effect of a motion for
judicial
determination of probable cause, i.e., whether or not it can be treated
by a motion to dismiss on the ground of lack of probable cause. The
issue
is basically legal, and should be resolved in accordance with our laws
and not on the basis of the arguments of parties which are often
twisted
to serve their peculiar interests.chanrobles virtuallaw libraryred
chanrobles virtuallaw libraryred
III
It is not clear whether
the offended parties had knowledge of the dismissal of their
Informations
against respondent Lacson.chanrobles virtuallaw libraryred
chanrobles virtuallaw libraryred
In our resolution under
reconsideration, we explained why there is uncertainty on the factual
issue
of whether notices were sent to the offended parties, viz:chanroblesvirtuallawlibrary
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"x x xchanrobles virtuallaw libraryred
The records of the
case, however, do not reveal with conclusiveness whether notices to the
offended parties were given before the cases against the respondent
Lacson
were dismissed by Judge Agnir. It appears from the resolution of Judge
Agnir that the relatives of the victims who desisted did not appear
during
the hearing. Their affidavits of desistance were only presented by
Atty.
Godwin Valdez who testified that he assisted the private complainants
in
preparing their affidavits and he signed them as a witness. It also
appears
that only seven (7) persons submitted their affidavits of desistance,
namely:chanroblesvirtuallawlibrarychanrobles virtuallaw libraryred
a. Myrna
Abalora, mother of the victims Sherwin Abalora and Rey Abalora;
b.
Carmelita
Elcamel, wife of Wilbur Elcamel;chanrobles virtuallaw libraryred
c. Leonora
Amora, mother of victim Joel Amora;chanrobles virtuallaw libraryred
d. Nenita
Alap-ap, wife of victim Carlito Alap-ap;chanrobles virtuallaw libraryred
e. Imelda
Montero, wife of victim Manuel Montero;chanrobles virtuallaw libraryred
f.
Margarita
Redillas, mother of victim Hilario Jevy Redillas; and
g. Rolando
Siplon chanrobles virtuallaw libraryred
chanrobles virtuallaw libraryred
From the records of
the case before us, it cannot be determined whether there were
affidavits
of desistance executed by the relatives of the three (3) other victims,
namely: Meleubren Soronda, Pacifico Montero, Jr., and Alex Neri. The
same
records do not show whether they were notified of the hearing or had
knowledge
thereof. To be sure, it is not fair to expect the element of notice to
be litigated before then Judge Agnir for Section 8, Rule 117 was yet
inexistent
at that time.
chanrobles virtuallaw libraryred
The fact of notice
to the offended parties was not raised either in the petition for
prohibition
with application for temporary restraining order or writ of preliminary
injunction filed by respondent Lacson in the RTC of Manila, presided by
Judge Pasamba, to enjoin the prosecutors from reinvestigating the said
cases against him. The only question raised in said petition is whether
the reinvestigation will violate the right of respondent Lacson against
double jeopardy. Thus, the issue of whether or not the reinvestigation
is barred by Section 8, Rule 117 was not tackled by the litigants.chanrobles virtuallaw libraryred
chanrobles virtuallaw libraryred
Nor was the fact of
notice to the offended parties the subject of proof after the eleven
(11)
informations for murder against respondent Lacson and company were
revived
in the RTC of Quezon City presided by Judge Yadao. There was hardly any
proceeding conducted in the case for respondent Lacson immediately
filed
a petition for certiorari in the appellate court challenging, among
others,
the authority of Judge Yadao to entertain the revived informations for
multiple murder against him.chanrobles virtuallaw libraryred
chanrobles virtuallaw libraryred
This is not to be
wondered
at. The applicability of Section 8, Rule 117 was never considered in
the
trial court. It was in the Court of Appeals where respondent Lacson
raised
for the first time the argument that Section 8, Rule 117 bars the
revival
of the multiple murder cases against him. But even then, the appellate
court did not require the parties to elucidate the crucial issue of
whether
notices were given to the offended parties before Judge Agnir ordered
the
dismissal of the cases against respondent Lacson and company. To be
sure,
there is a statement in the Decision of the appellate court to the
effect
that "records show that the prosecution and the private offended
parties
were notified of the hearing x x x." It is doubtful whether this
finding
is supported by the records of the case. It appears to be contrary to
Judge
Agnir’s finding that only seven (7) of the complainants submitted
affidavits
of desistance."chanrobles virtuallaw libraryred
chanrobles virtuallaw libraryred
The ponencia will
reverse
this ruling on the following ratiocination:chanroblesvirtuallawlibrarychanrobles virtuallaw libraryred
chanrobles virtuallaw libraryred
"In the case at bar,
even if the respondent’s motion for a determination of probable cause
and
examination of witnesses may be considered for the nonce, as his motion
for a provisional dismissal of Criminal Cases Nos. Q-99-81679 to
Q-99-81689,
however, the heirs of the victims were not notified thereof prior to
the
hearing on said motion on May 22, 1999. It must be stressed that the
respondent
filed his motion only on May 17, 1999 and set it for hearing on May 22,
1999 or barely five days from the filing thereof. Although the public
prosecutor
was served with a copy of the motion, the records do not show that
notices
thereof were separately given to the heirs of the victims or that
subpoenae
were issued to and received by them including those who executed their
affidavits of desistance who were residents of Dipolog City or
Piñan,
Zamboanga del Norte or Palompon, Leyte. There is as well no proof in
the
records that the public prosecutor notified the heirs of the victims of
said motion or of the hearing thereof on May 22, 1999. Although Atty.
Valdez
entered his appearance as private prosecutor, he did so only for some
but
not all the close kins of the victims, namely, Nenita Alap-ap, Imelda
Montero,
Margarita Redillas, Rufino Siplon, Carmelita Elcamel, Myrna Abalora,
and
Leonora Amora who (except for Rufino Siplon) executed their respective
affidavits of desistance. There was no appearance for the heirs of Alex
Neri, Pacifico Montero, Jr. and Meleubren Sorronda. In fine, there
never
was any attempt on the part of the trial court, the public prosecutor
and/or
the private prosecutor to notify all the heirs of the victims of the
respondent’s
motion and the hearing thereon. The said heirs were thus deprived of
their
right to be heard on the respondent’s motion and to protect their
interests."
chanrobles virtuallaw libraryred
Again, I beg to
disagree.
The ponencia cites the records of the cases to justify its conclusion
that
notices were not sent to the offended parties. I cannot be as dogmatic
as the ponente. As stated in our Resolution, section 8, Rule 117 was
not
yet in existence when then Judge Agnir, Jr. resolved respondent
Lacson’s
motion for judicial determination of probable cause. It is, therefore,
unrealistic to look only at the records of the cases to determine
compliance
with yet an inexistent rule. To my mind, what ought to be done is to
determine
whether the offended parties had knowledge of respondent Lacson’s
motion
for judicial determination of probable cause. They may have such
knowledge
despite lack of formal notice from the court or notice from the public
and private prosecutors. It ought to be beyond argument that such a
formal
notice is only one source of knowledge of the offended parties.
Moreover,
there is the unresolved question of who are the "offended" parties in
the
case at bar. It will be noted that in some of the criminal cases
dismissed
by then Judge Agnir, Jr., those who executed affidavits of desistance
were
the wives, or the mothers of the victims. Are they the only "offended"
parties or should the other "heirs" be included? Should all of them be
notified? These and other questions should first be resolved by the
trial
court, hence, our resolution to remand. chanrobles virtuallaw libraryred
IV
Section 8, Rule 117
of the Rules of Criminal Procedureapplies retroactivelychanrobles virtuallaw libraryred
chanrobles virtuallaw libraryred
The ponencia correctly
holds that section 8, Rule 117 of the 2000 Rules of Criminal Procedure
is not a statute of limitations. As postulated in the précis,
the
one-year or two-year bar is a special procedural rule qualifying the
right
of the State to prosecute cases already filed in court. The time-bar
under
the new rule does not curtail the periods under Article 90 of the
Revised
Penal Code. The State retains the full period under Article 90 of the
Revised
Penal Code within which to secure the necessary evidence and file the
appropriate
criminal cases against the accused. But once the State files a criminal
case and involves the courts, the constitutional power of this Court to
set the rules of procedure for the prosecution of cases cannot be
doubted.
The power belongs to this Court alone and there are no uncertain umbras
and penumbras in its parameters which other branches of the government
can claim.chanrobles virtuallaw libraryred
chanrobles virtuallaw libraryred
To emphasize, the
time-bar
for the revival of provisionally dismissed cases was adopted for the
purpose,
among others, of (1) discouraging hasty and baseless filing of criminal
cases; and (2) penalizing the State for its inexcusable delay in
prosecuting
cases already filed in court. The non-revival of provisionally
dismissed
cases after the lapse of the one-year or two-year period creates a
disputable
presumption of inexcusable delay on the part of the State in
prosecuting
the case. But this does not mean that the mere passage of the one-year
or two-year period bars the State from reviving the provisionally
dismissed
cases. The State has the right to present compelling reasons to justify
the revival of the cases beyond the one-year or two-year time bar. The
reservation of this right should remove any charge of unfairness to the
State.chanrobles virtuallaw libraryred
chanrobles virtuallaw libraryred
Regrettably, the
ponencia
concedes that section 8, Rule 117 of the 2000 Rules of Criminal
Procedure
is a procedural rule but holds that it could not be applied
retroactively.
It is unreasonably struck by the fear that its retroactive application
would cause "injustice or hardship to the State and adversely affect
the
administration of justice in general and of criminal laws in
particular."
It contends that the period from March 30, 1999 to November 30, 1999
should
be excluded in the computation of the two-year period because the new
rule
prescribing it was then not yet in effect. chanrobles virtuallaw libraryred
chanrobles virtuallaw libraryred
Again, I beg to
disagree.
Jurisprudence that has resisted the tempest of time teaches us that
statutes
and rules should be construed in the light of the purposes to be
achieved
and the evils sought to be remedied. The unerring principle that ought
to guide any attempt to construe them should be their intended scope
and
purpose.[8]
In the case at bar, it is crystal clear that the new rule is intended
to
apply to all provisionally dismissed cases before its passage. It is a
remedial measure to check the continuing inaction on the part of the
State
to prosecute pending cases in court. Its purpose is to press the State
to act on cases it has inexcusably put in deep slumber in our courts of
justice. It provides relief to the accused who are prejudiced when the
cases filed in court against them remain dormant for an unreasonable
length
of time. In fine, the new rule is a remedial rule that looks back even
as it looks forward. It reaches both the past and the future. It is
both
retrospective and prospective.chanrobles virtuallaw libraryred
chanrobles virtuallaw libraryred
To be sure, there is
nothing novel in the new rule when it reaches the past. Under the
ruling
case law, statutes regulating the procedure of courts are applicable to
actions pending and undetermined at the time of its passage.[9]
The retroactive application of procedural rules cannot be challenged as
violative of any right of a person who may feel that he is adversely
affected.
The reason is that as a general rule, no vested right may attach to,
nor
give rise from, procedural laws.[10]
chanrobles virtuallaw libraryred
The only conceivable
exception to this general rule is if the retroactive application of the
procedural rule "would not be feasible or would work injustice."[11]
As amply demonstrated, however, the new rule will not impair the right
of the State to prosecute criminals. The State is not prejudiced by the
time-bar if it can justify its delay in the prosecution of cases. If it
cannot justify its delay, it cannot complain of unfairness. No
government
can claim the right to prosecute at its perpetual pleasure. It cannot
file
a criminal case and sleep on it. It is self-evident that inexcusable
delays
in the prosecution of a case deny an accused the right to a fair trial.
chanrobles virtuallaw libraryred
With due respect, I
submit that the ponencia sends a wrong message in batting only for the
prospective application of the new rule. To hold that the State could
not
be faulted for not reviving the case within two years simply because
the
new rule was not yet in effect implies that this Court sanctions delays
in the prosecution of cases, however inexcusable the delays were.
Pushed
to the extreme, the majority in effect bars the application of the new
rule to cases provisionally dismissed five or ten years ago on the
simple
reason that during the interregnum, the new rule was not yet in effect.
Let us not half pause in applying the new rule for it addresses
inexcusable
delays in the prosecution of cases already filed in court. Devoid of
legalese,
it tells the State not to sleep on its job. If we cannot tell the
prosecution
to do its job within a reasonable time frame, we might as well close
shop.chanrobles virtuallaw libraryred
IN VIEW OF THE FOREGOING,
I vote to DENY petitioners’ Motion for Reconsideration. chanrobles virtuallaw libraryred
____________________________
Endnotes:chanroblesvirtuallawlibrary
[1]
Rule 119 was taken from RA No. 8493 entitled "An Act to Insure a Speedy
Trial of All Criminal Cases Before the Sandiganbayan, Regional Trial
Court,
Metropolitan Trial Court, Municipal Trial Court and Municipal Circuit
Trial
Court" which became effective on September 15, 1998.chanrobles virtuallaw libraryred
[2]
Criminal Procedure, Hornbook Series, p. 27, 1988 edition.chanrobles virtuallaw libraryred
[3]
Section 5 (5) of The 1973 Constitution provides:chanroblesvirtuallawlibrarychanrobles virtuallaw libraryred
"x
x xchanrobles virtuallaw libraryred
(5)
Promulgate rules concerning pleading, practice, and procedure in all
courts,
the admission to the practice of law, and the integration of the Bar,
which,
however, may be repealed, altered, or supplemented by the Batasang
Pambansa.
Such rules shall provide a simplified and inexpensive procedure for the
speedy disposition of cases, shall be uniform for all courts of the
same
grade, and shall not diminish, increase, or modify substantive rights."chanrobles virtuallaw libraryred
[4]
Commenting on the change, author Nolledo observed:chanroblesvirtuallawlibrarychanrobles virtuallaw libraryred
"The
rule-making power of the Supreme Court has been made exclusive to it.
The
power of the Congress to alter the rules promulgated by the Highest
Court
has been removed. For the Congress to interfere with the Supreme Court
promulgated within the competence of the Highest Tribunal is
unconstitutional
and now violative of the separation of powers. Even the jurisdiction of
the Supreme Court cannot be enlarged without the consent of the latter."chanrobles virtuallaw libraryred
(The
New Constitution of the Philippineschanrobles virtuallaw libraryred
Annotated
690 [1990])chanrobles virtuallaw libraryred
[5]
RTC Records, Vol. X, p. 232.chanrobles virtuallaw libraryred
[6]
Resolution, p. 8.chanrobles virtuallaw libraryred
[7]
Id. at 9.chanrobles virtuallaw libraryred
[8]
Paat v. Court of Appeals, 266 SCRA 167 (1997).chanrobles virtuallaw libraryred
[9]
Tan, Jr. v. Court of Appeals, G.R. No. 136368, January 16, 2002.
[10]
Billones v. Court of Industrial Relations, 14 SCRA 674, 681 (1965).
[11]
Greogoria v. CA, 26 SCRA 229 (1968).chanrobles virtuallaw libraryred
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