Facts: The provincial board of Mindoro adopted resolution No. 25 wherein non-Christian inhabitants (uncivilied tribes! will be directed to ta"e up their habitation on sites on unoccupied public lands. #t is resolved that under section 2$%% of the &d'inistrative Code( )$$ hectares of public land in the sitio of Ti*bao on Nau+an ,a"e be selected as a site for the per'anent settle'ent of Man*-anes in Mindoro. .urther( Man*-ans 'a- onl- solicit ho'esteads on this reservation providin* that said ho'estead applications are previousl- reco''ended b- the provincial *overnor. #n that case( pursuant to /ection 2015 of the Revised &d'inistrative Code( all the Man*-ans in the townships of Nau+an and Pola and the Man*-ans east of the Baco River includin* those in the districts of 2ulan*an and Rubi3s place in Calapan( were ordered to ta"e up their habitation on the site of Ti*bao( Nau+an ,a"e. &lso( that an- Man*-an who shall refuse to co'pl- with this order shall upon conviction be i'prisoned not e4ceed in si4t- da-s( in accordance with section 2%55 of the revised &d'inistrative Code. /aid resolution of the provincial board of Mindoro were clai'ed as necessar- 'easures for the protection of the Man*-anes of Mindoro as well as the protection of public forests in which the- roa'( and to introduce civilied custo's a'on* the'. #t appeared that Rubi and those livin* in his rancheria have not fi4ed their dwellin* within thereservation of Ti*bao and are liable to be punished. #t is alle*ed that the Man*uianes are bein* ille*all- deprived of their libert- b- the provincial officials of that province. Rubi and his co'panions are said to be held on the reservationestablished at Ti*bao( Mindoro( a*ainst their will( and one 2abalos is said to be held under the custod- of the provincial sheriff in the prison at Calapan for havin* run awa- for' thereservation. Issue: 6hether or Not /ection 2015 of the &d'inistrative Code deprive a person of his libert- pf abode. Thus( 67N /ection 2015 of the &d'inistrative Code of 050% is constitutional. Held: The Court held that section 2015 of the &d'inistrative Code does not deprive a person of his libert- of abode and does not den- to hi' the e8ual protection of the laws( and that confine'ent in reservations in accordance with said section does not constitute slaver- and involuntar- servitude. The Court is further of the opinion that section 2015 of the &d'inistrative Code is a le*iti'ate e4ertion of the police power. /ection 2015 of the &d'inistrative Code of 050% is constitutional. &ssi*ned as reasons for the action9 (0! atte'pts for the advance'ent of the non-Christian people of the province: and (2! the onl- successfull- 'ethod for educatin* the Man*uianes was to obli*e the' to live in a per'anent settle'ent. The /olicitor-;eneral adds the followin*: (<! The protection of the Man*uianes: (1! the protection of the public forests in which the- roa': (5! the necessit- of introducin* civilied custo's a'on* the Man*uianes. 7ne cannot hold that the libert- of the citien is undul- interfered without when the de*ree of civiliation of the Man*uianes is considered. The- are restrained for their own *ood and the *eneral *ood of the Philippines. =,ibert- re*ulated b- law>9 #'plied in the ter' is restraint b- law for the *ood of the individual and for the *reater *ood of the peace and order of societ- and the *eneral well-bein*. No 'an can do e4actl- as he pleases. None of the ri*hts of the citien can be ta"en awa- e4cept b- due process of law. Therefore( petitioners are not unlawfull- i'prisoned or restrained of their libert-. ?abeas corpus can( therefore( not issue. SUBSTANTIVE DUE PROCESS @/TR&2& A/ /&N2#;&NB&B&N (R@&2 .C,, T@DTE! @strada vs. /andi*anba-an .acts9 Petitioner Foseph @+ercito @strada( the hi*hest-ran"in* official to be prosecuted under R& %$)$ (&n &ct 2efinin* and Penaliin* the Cri'e of Plunder!( as a'ended b- R& %G55( wishes to i'press upon us that the assailed law is so defectivel- fashioned that it crosses that thin but distinct line which divides the valid fro' the constitutionall- infir'. ?e therefore 'a"es a strin*ent call for this Court to sub+ect the Plunder ,aw to the crucible of constitutionalit- 'ainl- because( accordin* to hi'( (a! it suffers fro' the vice of va*ueness: (b! it dispenses with the >reasonable doubt> standard in cri'inal prosecutions: and( (c! it abolishes the ele'ent of 'ens rea in cri'es alread- punishable under The Revised Penal Code( all of which are purportedl- clear violations of the funda'ental ri*hts of the accused to due process and to be infor'ed of the nature and cause of the accusation a*ainst hi' #ssue9 #s the Plunder ,aw =void for bein* va*ueH Rulin*9 this Court holds that R& %$)$ otherwise "nown as the Plunder ,aw( as a'ended b- R& %G55( is C7N/T#TCT#7N&, This due to the fact that Con*ress is not restricted in the for' of e4pression of its will( and its inabilit- to so define the words e'plo-ed in a statute will not necessaril- result in the va*ueness or a'bi*uit- of the law so lon* as the le*islative will is clear( or at least( can be *athered fro' the whole act( which is distinctl- e4pressed in the Plunder ,aw PROCEDURAL DUE PROCESS Publication Re8uire'ent Petitioners ,oreno M. Tanada( et. al. invo"ed due process in de'andin* the disclosure of a nu'ber of Presidential 2ecrees which the- clai'ed had not been published as re8uired b- ,aw. The *overn'ent ar*ued that while publication was necessar- as a rule( it was not so when it was otherwise provided( as when the decrees the'selves declared that the- were to beco'e effective i''ediatel- upon approval. The court decided on &pril 21( 05)5 in affir'in* the necessit- for publication of so'e of the decrees. The court ordered the respondents to publish in the official *aette all unpublished Presidential #ssuances which are of *eneral force and effect. The petitioners su**est that there should be no distinction between laws of *eneral applicabilit- and those which are not. The publication 'eans co'plete publication( and that publication 'ust be 'ade in the official *aette. #n a co''ent re8uired b- the solicitor *eneral( he clai'ed first that the 'otion was a re8uest for an advisor- opinion and therefore be dis'issed. &nd on the clause =unless otherwise providedH in &rticle 2 of the new civil code 'eant that the publication re8uired therein was not alwa-s i'perative( that the publication when necessar-( did not have to be 'ade in the official *aette.
#ssues9 (0! 6hether or not all laws shall be published in the official *aette. (2! 6hether or not publication in the official *aette 'ust be in full.
?eld9 (0! The court held that all statute includin* those of local application shall be published as condition for their effectivit-( which shall be*in 05 da-s after publication unless a different effectivit- date is fi4ed b- the le*islature. (2! The publication 'ust be full or no publication at all since its purpose is to infor' the public of the content of the laws. #n 2$$5( tapes which alle*edl- contained a conversation between ;M& and C7M@,@C Co''issioner ;arcillano surfaced. The said conversation contained a plan to ri* the elections to favor ;M&. The recordin*s then beca'e sub+ect to le*islative hearin*s conducted separatel- b- each ?ouse. #n his privile*e speech( /en. @scudero 'otioned a con*ressional investi*ation +ointl- conducted b- the Co''ittees on Public #nfor'ation( Public 7rder and /afet-( National 2efense and /ecurit-( #nfor'ation and Co''unications Technolo*-( and /uffra*e and @lectoral Refor's (respondent ?ouse Co''ittees!. 2urin* the in8uir-( several versions of the wiretapped conversation e'er*ed. ,acsonIs 'otion for a senate in8uir- was referred to the Co''ittee on National 2efense and /ecurit- headed b- Biaon. ;arci subse8uentl- filed to petitions. 7ne to prevent the pla-in* of the tapes in the each ?ouse for the- are alle*ed to be inad'i)ssible and the other to prohibit and stop the conduct of the /enate in8uir- on the wiretapped conversation. ISSUE: 6hether or not to *rant the petitions of ;arci. HELD: ;arciIs petition to stri"e the tapes off the record cannot be *ranted. The tapes were alread- pla-ed in Con*ress and those tapes were alread- hi*hl- publicied. The issue is alread- overta"en b- these incidents hence it has beco'e 'oot and acade'ic. The second petition 'ust be *ranted however. The /enate cannot be allowed tocontinue with the conduct of the 8uestioned le*islative in8uir- without dul- published rules of procedure( in cleardero*ation of the constitutional re8uire'ent. /ection 20( &rticle A# of the 05)% Constitution e4plicitl- provides that =JtKhe /enate or the ?ouse of Representatives( or an- of its respective co''ittees 'a- conduct in8uiries in aid of le*islation in accordance with its duly published rules of procedure.H The re8uisite of publication of the rules is intended to satisf- the basic re8uire'ents of due process. Publication is indeed i'perative( for it will be the hei*ht of in+ustice to punish or otherwise burden a citien for the trans*ression of a law or rule of which he had no notice whatsoever( not even a constructive one. 6hat constitutes publication is set forth in &rticle 2 of the Civil Code( which provides that =JlKaws shall ta"e effect after 05 da-s followin* the co'pletion of their publication either in the 7fficial ;aette( or in a newspaper of *eneral circulation in the Philippines.H The /enate ad'its in their pleadin*s and even on oral ar*u'ent that the /enate Rules of Procedure ;overnin* #n8uiries in &id of ,e*islation had been published in newspapers of *eneral circulation onl- in 0555 and in 2$$G. 6ithrespect to the present /enate of the 01th Con*ress( however( of which the ter' of half of its 'e'bersco''enced on Fune <$( 2$$%( no effort was underta"en for the publication of these rules when the- first opened their session. JUDICIAL AND ADMINISTRATIVE DUE PROCESS @, B&NC7 @/P&N7,- .#,#P#N7 A/ P&,&NC& @n*racio Palanca was indebted to @l Banco and he had his parcel of land as securit- to his debt. ?is debt a'ounted to P20)(251.0$. ?is propert- is worth %5" 'ore than what he owe. 2ue to the failure of @n*racio to 'a"e his pa-'ents( @l Banco e4ecuted an instru'ent to 'ort*a*e @n*racioIs propert-. @n*racio however left for China and he never returned til he died. /ince @n*racio is a non resident @l Banco has to notif- @n*racio about their intent to sue hi' b- 'eans of publication usin* a newspaper. The lower court further orderdd the cler" of court to furnish @n*racio a cop- and that itId be sent to &'o-( China. The court eventuall- *ranted @l Banco petition to e4ecute @n*racioIs propert-. % -ears thereafter( Aicente surfaced on behalf of @n*racio as his ad'inistrator to petition for the annul'ent of the rulin*. Aicente averred that there had been no due process as @n*racio never received the su''ons. ISSUE: 6hether or not due process was not observed. HELD: The /C ruled a*ainst Palanca. The /C ruled that the re8uisites for +udicial due process had been 'et. The re8uisites are: 0. There 'ust be an i'partial court or tribunal clothed with +udicial power to hear and decide the 'atter before it. 2. Furisdiction 'ust be lawfull- ac8uired over the person of the defendant or over the propert- sub+ect of the proceedin*s. <. The defendant 'ust be *iven the opportunit- to be heard. 1. Fud*'ent 'ust be rendered onl- after lawful hearin*. REQUIREMENTS IN !ENERAL I"#a$t%al T$%&u'al Jud%c%al PEOPLE OF THE PHILIPPINES petitioner, vs. COURT OF APPEALS HON( PEDRO S( ESPINA CRISTETA REYES JOHNY SANTOS ANTONIO ALE!RO RO!ELIO MEN!UIN PETE ALVERIO RO!EN DOCTORA a'd JANE !O respondents. (digest!!!) R E S O L U T I O N MELO J(: Before us is a petition for review with an ur*ent pra-er for a writ of preli'inar- in+unction andLor restrainin* order which see"s to9 (a! annul and set aside the decision of the Court of &ppeals in C&-;.R. /P No. <0%<< entitled >People of the Philippines vs. ?on. Pedro /. @spina et al.>( insofar as it denied the People3s pra-er to inhibit respondent Fud*e Pedro /. @spina of the Re*ional Trial Court of Tacloban Cit- fro' hearin* Cri'inal Cases No. 5<-$0-<) M 5<$0-<5( respectivel-( entitled >People of the Philippines vs. Cristeta Re-es( et al.> and >People of the Philippines vs. Fane C. ;o>: and b! en+oin respondent +ud*e fro' conductin* further proceedin*s in the aforesaid cri'inal cases. &ctin* on the said petition( the Court on &pril <( 0555 resolved to re8uire respondents all of who' are the accused in the aforesaid cri'inal cases( to co''ent thereon within 0$ da-s fro' notice( to issue the te'porar- restrainin* order pra-ed for( and to en+oin respondent +ud*e fro' ta"in* further action in Cri'inal Cases No. 5<-$0-<) M 5<-$0-<5 until further orders fro' the Court. #t appearin* that private respondents Cristeta Re-es M Ro*en 2octora( Fohn- /antos M &ntonio &le*ro M Fane C. ;o failed to file their respective co''ents within the period which e4pired on &pril 0%( 0555 and &pril 0)( 0555( respectivel-( the Court on Fune 2G( 0555 resolved to re8uire said private respondents to show cause wh- the- should not be disciplinar- dealt with for such failure( and to file the re8uired co''ents( both within ten (0$! da-s fro' notice. &s to respondents Fohn- /antos M &ntonio &le*ro (prisoners at the Tacloban Cit- Fail!( copies of the resolution re8uirin* the' to file co''ent were returned unserved with the post'aster3s notation >un"nown in said address>. The Court( on 7ctober 00( 0555 directed the /olicitor ;eneral to serve the sa'e on said respondents and to infor' the Court of such service( both within ten (0$! da-s fro' notice. The 7ffice of the /olicitor ;eneral filed a Co'pliance statin* that the re8uired copies were sent to private respondents /antos M &le*ro throu*h ordinar- 'ail on 2ece'ber 2G( 0555. To date( all the respondents have not -et filed their co''ents( for veril-( dela- in the sub'ission of the sa'e would appear to benefit respondents( and sanction a*ainst the' 'a- not reall- a'ount to 'uch( considerin* that 'ost of the' are under detention. Thus( so as not to undul- dela- the disposition of Cri'inal Cases No. 5<-$0-<) and 5<-$0-<5( we now resolve to dispense with respondent3s co''ents and to proceed with the disposition of the petition. 7ne of the essential re8uire'ents of procedural due process in a +udicial proceedin* is that there 'ust be an i'partial court or tribunal clothed with +udicial power to hear and deter'ine the 'atter before it. Thus( ever- liti*ant( includin* the /tate( is entitled to the cold neutralit- of an i'partial +ud*e which was e4plained in Favier vs. Co''ission of @lections (011 /CR& 051 J05)GK!( in the followin* words9 This Court has repeatedl- and consistentl- de'anded >the cold neutralit- of an i'partial +ud*e> as the indispensable i'perative of due process. To bolster that re8uire'ent( we have held that the +ud*e 'ust not onl- be i'partial but 'ust also appear to be i'partial as an added assurance to the parties that his decision will be +ust. The liti*ants are entitled to no less than that. The- should be sure that when their ri*hts are violated the- can *o to a +ud*e who shall *ive the' +ustice. The- 'ust trust the +ud*e( otherwise the- will not *o to hi' at all. The- 'ust believe in his sense of fairness( otherwise the- will not see" his +ud*'ent. 6ithout such confidence( there would be no point in invo"in* his action for the +ustice the- e4pect. 2ue process is intended to insure that confidence b- re8uirin* co'pliance with what Fustice .ran"furter calls the rudi'ents of fair pla-. .air pla- calls for e8ual +ustice. There cannot be e8ual +ustice where a suitor approaches a court alread- co''itted to the other part- and with a +ud*'ent alread- 'ade and waitin* onl- to be for'alied after the liti*ants shall have under*one the charade of a for'al hearin*. Fudicial (and also e4tra+udicial! proceedin*s are not orchestrated pla-s in which the parties are supposed to 'a"e the 'otions and reach the denouce'ent accordin* to a prepared script. There is no writer to foreordain the endin*. The Fud*e will reach his conclusions onl- after all the evidence is in and all the ar*u'ents are filed( on the basis of the established facts and the pertinent law. #n the case at bar( Fud*e Pedro @spina( as correctl- pointed out b- the /olicitor ;eneral( can not be considered to ade8uatel- possess such cold neutralit- of an i'partial +ud*e as to fairl- assess both the evidence to be adduced b- the prosecution and the defense in view of his previous decision in /pecial Civil &ction No. 52-00-205 wherein he en+oined the preli'inar- investi*ation at the Re*ional /tate Prosecutor3s 7ffice level a*ainst herein respondent Fane ;o( the principal accused in the "illin* of her husband 2o'inador ;o. Fud*e @spina3s decision in favor of respondent Fane ;o serves as sufficient and reasonable basis for the prosecution to seriousl- doubt his i'partialit- in handlin* the cri'inal cases. Aeril-( it would have been 'ore prudent for Fud*e @spina to have voluntaril- inhibited hi'self fro' hearin* the cri'inal cases. )HEREFORE the petition is hereb- ;R&NT@2. The decision of the Court of &ppeals in C&-;.R. No. <0%<< is hereb- /@T &/#2@ and The ?onorable Pedro @spina( Presidin* Fud*e of Branch % of the Re*ional Trial Court of the )th Fudicial Re*ion stationed in Tacloban is hereb- declared dis8ualified fro' ta"in* co*niance of Cri'inal Cases No. 5<-$0-<) and 5<-$0-<5. #t is further ordered that these cri'inal cases be re-raffled to another branch of the Re*ional Trial Court of Tacloban Cit-. SO ORDERED( TABUENA VS SANDI!ANBAYAN Then President Marcos instructed ,uis Tabuena over the phone to pa- directl- to the presidentIs office and in cash what the Manila #nternational &irport &uthorit- (M#&&! owes the Philippine National Construction Corporation (PNCC!( pursuant to the % Fanuar- 05)5'e'orandu' of then Minister Trade and #ndustr- Roberto 7n*pin. Tabuena a*reed. &bout a wee" later( Tabuena received fro' Mrs. .e Roa-;i'ene( and then private secretar- of Marcos( a Presidential Me'orandu' dated ) Fanuar- 05)G reiteratin* in blac" and white such verbal instruction. #n obedience to President Marcos verbal instruction and 'e'orandu'( Tabuena( with the help of ;erardo ;. 2abao and &dolfo Peralta( caused the release of P55 Million of M#&& funds b- 'eans of three (<! withdrawals. 7n 0$ Fanuar- 05)G( the first withdrawal was 'ade for P25 Million( followin* a letter of even date si*ned b- Tabuena and 2abao re8uestin* the PNB e4tension office at the M#&& the depositor- branch of M#&& funds( to issue a 'ana*erIs chec" for said a'ount pa-able to Tabuena. The chec" was encashed( however( at the PNB Ailla'or Branch. 2abao and the cashier of the PNB Ailla'or branch counted the 'one- after which( Tabuena too" deliver- thereof. The P25 Million in cash was delivered on the sa'e da- to the office of Mrs. ;i'ene. Mrs. ;i'ene did not issue an- receipt for the 'one- received. /i'ilar circu'stances surrounded the second withdrawalLencash'ent and deliver- of another P25 Million( 'ade on 0G Fanuar- 05)G. The third and last withdrawal was 'ade on <0Fanuar- 05)G for P5 Million. Peralta was TabuenaIs co-si*nator- to the letter- re8uest for a 'ana*erIs chec" for this a'ount. Peralta acco'panied Tabuena to the PNB Ailla'or branch as Tabuena re8uested hi' to do the countin* of the P5 Million. &fter the countin*( the 'one- was loaded in the trun" of TabuenaIs car. Peralta did not *o with Tabuena to deliver the 'one- to Mrs.;i'ene office. #t was onl- upon deliver- of the P5 Million that Mrs. ;i'ene issued a receipt for all the a'ounts she received fro' Tabuena. The receipt was dated Fanuar- <$( 05)G.Tabuena and Peralta were char*ed for 'alversation of funds( while 2abao re'ained at lar*e. 7ne of the +ustices of the /andi*anba-an activel- too" part in the 8uestionin* of a defense witness and of the accused the'selves: the volu'e of the 8uestions as"ed were 'ore the co'bined 8uestions of the counsels. 7n 02 7ctober 055$( the- were found *uilt- be-ond reasonable doubt. Tabuena and Peralta filed separate petitions for review( appealin* the /andi*anba-an decision dated 02 7ctober 0555$ and the Resolution of 2$ 2ece'ber 0550. Issue: 6hether Tabuena and Peralta were denied due process b- the active participation of the /andi*anba-an +ustice in the 8uestionin* witnesses in the trial. Held: 2ue process re8uires no less than the cold neutralit- of an i'partial +ud*e. Bolsterin* this re8uire'ent( we have added that the +ud*e 'ust not onl- be i'partial but 'ust also appear to be i'partial( to *ive added assurance to the parties that his decision will be +ust. The parties are entitled to no less than this( as a 'ini'u' *uarant- of due process. 7ur courts should refrain fro' showin* an- se'blance of one-sided or 'ore or less partial attitude in order not to create an- false i'pression in the 'inds of the liti*ants. .or obvious reasons( it is the bounden dut- of all to strive for the preservation of the peopleIs faith in our courts. Respect for the Constitution is 'ore i'portant than securin* a conviction based on a violation of the ri*hts of the accused. The Court was struc" b- the wa- the /andi*anba-an activel- too" part in the 8uestionin* of a defense witness and of the accused the'selves( as shown in the records. The volu'e of 8uestions hurled b- the /andi*anba-an was 'ore the co'bined 8uestions of the counsels. More i'portantl-( the 8uestions of the court were in the nature of cross e4a'inations characteristic of confrontation( probin* and insinuation. 6e have not adopted in this countr- the practice of 'a"in* the presidin* +ud*e the chief in8uisitor. #t is better to observe our ti'e- honored custo' of orderl- +udicial procedure( even at the e4pense of occasional dela-s. The i'partialit- of the +ud*e: his avoidance of the appearance of beco'in* the advocate of either one side or the other of the pendin* controvers- is a funda'ental and essential rule of special i'portance in cri'inal cases. )HEREFORE( in view of the fore*oin*( herein petitioners ,uis &. Tabuena and &dolfo M. Peralta are hereb- &CNC#TT@2 of the cri'e of 'alversation as defined and penalied under &rticle 20% of the Revised Penal Code. The /andi*anba-an 2ecision of 7ctober 02( 055$ and the Resolution dated 2ece'ber 2$( 0550 are R@A@R/@2 and /@T &/#2@. I"#a$t%al T$%&u'al Ad"%'%st$at%*e a'd Quas%+Jud%c%al +avier vs. co''ission on elections Favier and Pacificador( a 'e'ber of the OB, under Marcos( were rivals to be 'e'bers of the Batasan in Ma- 05)1 in &nti8ue. 2urin* election( Favier co'plained of H'assive terroris'( inti'idation( duress( vote-bu-in*( fraud( ta'perin* and falsification of election returns under duress( threat and inti'idation( snatchin* of ballot bo4es perpetrated b- the ar'ed 'en of Pacificador.H C7M@,@C +ust referred the co'plaints to the &.P. 7n the sa'e co'plaint( the 2nd 2ivision of the Co''ission on @lections directed the provincial board of canvassers of &nti8ue to proceed with the canvass but to suspend the procla'ation of the winnin* candidate until further orders. 7n Fune %( 05)1( the sa'e 2nd 2ivision ordered the board to i''ediatel- convene and to proclai' the winner without pre+udice to the outco'e of the case before the Co''ission. 7n certiorari before the /C( the procla'ation 'ade b- the board of canvassers was set aside as pre'ature( havin* been 'ade before the lapse of the 5-da- period of appeal( which the Favier had seasonabl- 'ade. Favier pointed out that the irre*ularities of the election 'ust first be resolved before proclai'in* a winner. .urther( 7pinion( one of the Co''issioners should inhibit hi'self as he was a for'er law partner of Pacificador. &lso( the procla'ation was 'ade b- onl- the 2nd 2ivision but the Constitute re8uires that it be proclai'ed b- the C7M@,@C en banc. #n .eb 05)G( durin* pendenc-( Favier was *unned down. The /olicitor ;eneral then 'oved to have the petition close it bein* 'oot and acade'ic b- virtue of FavierIs death. ISSUE: 6hether or not there had been due process in the procla'ation of Pacificador. HELD: The /C ruled in favor of Favier and has overruled the /ol-;enIs tenor. The /C has repeatedl- and consistentl- de'anded =the cold neutralit- of an i'partial +ud*eH as the indispensable i'perative of due process. To bolster that re8uire'ent( we have held that the +ud*e 'ust not onl- be i'partial but 'ust also appear to be i'partial as an added assurance to the parties that his decision will be +ust. The liti*ants are entitled to no less than that. The- should be sure that when their ri*hts are violated the- can *o to a +ud*e who shall *ive the' +ustice. The- 'ust trust the +ud*e( otherwise the- will not *o to hi' at all. The- 'ust believe in his sense of fairness( otherwise the- will not see" his +ud*'ent. 6ithout such confidence( there would be no point in invo"in* his action for the +ustice the- e4pect. 2ue process is intended to insure that confidence b- re8uirin* co'pliance with what Fustice .ran"furter calls the rudi'ents of fair pla-. .air pla- calls for e8ual +ustice. There cannot be e8ual +ustice where a suitor approaches a court alread- co''itted to the other part- and with a +ud*'ent alread- 'ade and waitin* onl- to be for'alied after the liti*ants shall have under*one the charade of a for'al hearin*. Fudicial (and also e4tra+udicial! proceedin*s are not orchestrated pla-s in which the parties are supposed to 'a"e the 'otions and reach the denoue'ent accordin* to a prepared script. There is no writer to foreordain the endin*. The +ud*e will reach his conclusions onl- after all the evidence is in and all the ar*u'ents are filed( on the basis of the established facts and the pertinent law. TEJANO VS OMBUDSMAN DI!EST,,, T-e Facts The instant petition ste''ed fro' the report of Philippine National Ban" (PNB! Resident &uditor &le4ander &. Tan( dated 05 7ctober 0552( on his investi*ation re*ardin* an alle*ed unfunded withdrawal in the a'ount of P2.2 'illion b- AM; Better ?o'es /ubdivision (AM;! under /avin*s &ccount No. <G5-5<55-G-1. The report( as su''aried b- /pecial Prosecution 7fficer ### Fesus &. Micael( is as follows9J<K . . . J#Kn the 'ornin* of 0% Ful- 0552( @'ilio P. Montesa (Ban" @4ecutive 7fficer of PNB Cebu! handed a note to Fane Rita Fecon* (Cashier! instructin* her to include her cash re8uisition for the da- fro' Central Ban" P Cebu( the a'ount of P2.2 M at P0($$$.$$ deno'ination: that on 2$ Ful- 0552 at about past 0$9$$ &.M.( Fuanito Mata (Cashier ###!( upon the instruction of Ca-etano &. Te+ano Fr. (Aice President and Branch Mana*er of PNB Cebu!( too" the P2.2 M fro' Ms. Fecon* and delivered the sa'e to Mr. Te+ano: that at about noonti'e of sa'e da-( Mr. Mara handed to Ms. Fecon* a pre-si*ned withdrawal slip a*ainst /& No. <G5-5<55$G-1 under the na'e of A M ; Better ?o'es for the sa'e a'ount to replace the cash withdrawn and to serve as cash-on-hand at the end of the da-Is transaction: that the withdrawal slip was approved b- Mr. Te+ano and was postdated 20 Ful- 0552: that as of 2$ Ful- 0552 A M ; Better ?o'es /& No. <G5-5<55$G-1 has onl- P<<(1<G.%): that in the afternoon of 2$ Ful- 0552 the a'ount of P2(<<G(5G<.<2 (consistin* of P2(2$$($$$.$$ in cash: P0$$($$$.$$ in chec": and P<G(5G<.22 in withdrawal slip! was received b- Teller Mar- &nn &nar as pa-'ent for the loan of A M ; Better ?o'es for which PNB 7fficial Receipt No. 5525)0@ was issued: that the transaction was reco*nied as an increase in PNB Cebu BranchIs cash- on-hand and a decrease in the loan account of A M ; Better ?o'es: that the PNB Cebu Credit Co''ittee approved the loan at the rate of 2<Q lower than the 2GQ interest rate on its first renewal and 2%Q on its second renewal: that the loan proceeds was credited to the account of A M ; Better ?o'es on 20 Ful- 0552( the sa'e da- that the withdrawal slip of P2.2 M was ta"en b- Mr. Montesa fro' Ms. Fecon* and *iven to #rene &bellanosa to be ta"en as her transaction for the da-: and that upon the instruction of Montesa( /avin*s &ccount No. <G5-5<55$G-1 of A M ; Better ?o'es was debited and the withdrawal slip was validated b- Teller &bellanosa althou*h no actual cash withdrawal was 'ade. The report of Resident &uditor &le4ander &. Tan i'plicated Aice President Ca-etano &. Te+ano( Fr.( the petitioner herein( @4ecutive 7fficer @'ilio Montesa( and /upervisin* Branch Teller Fane Rita Fecon*( all of the PNB( Cebu Cit- Branch( includin* Fuana dela Cru and Aicente dela Cru of AM;( as persons involved in the irre*ular withdrawal of P2.2 'illion of PNB funds. #n an order dated 22 2ece'ber 0552( the 7ffice of the 2eput- 7'buds'an for the Aisa-as ordered Te+ano( Montesa( Fecon*( Fuana dela Cru and Aicente dela Cru to file their respective counter-affidavits.J1K #n a resolution dated 25 March 055<( ;raft #nvesti*ation 7fficer @d*ardo ;. Canton reco''ended the filin* of the proper infor'ation for violation of /ection <(e! of Republic &ct No. <$05(J5K as a'ended( a*ainst petitioner Ca-etano &. Te+ano( Fr.( Fuana dela Cru and Aicente dela Cru of AM;.JGK The case a*ainst Montesa and Fecon* was dis'issed for lac" of evidence. The resolution was approved b- 2eput- 7'buds'an for Aisa-as &rturo C. Mo+ica and then 7'buds'an Conrado M. Aas8ue. The resolution was thereafter referred for review to /pecial Prosecutor ### 7rlando #. #nes of the 7ffice of the /pecial Prosecutor. #n a Me'orandu'J%K dated 25 7ctober 0551( #nes affir'ed the resolution of ;raft #nvesti*ation 7fficer @d*ardo ;. Canton. 7n 2) 7ctober 0551( 2eput- /pecial Prosecutor Fose 2e ;. .errer reco''ended the approval of the 'e'orandu' of /pecial Prosecution 7fficer #nes. 7n $) Nove'ber 0551( &niano &. 2esierto( then the /pecial Prosecutor( concurred in the approval of .errer.J)K 7'buds'an Conrado M. Aas8ue concurred thereto on 00 Nove'ber 0551. /ubse8uentl-( on 21 Nove'ber 0551( an #nfor'ation for violation of /ection <(e! of Rep. &ct No. <$05( as a'ended( was filed before the /andi*anba-an( and doc"eted as Cri'inal Case No. 20G51. 7n $) 2ece'ber 0551( petitioner filed with the /andi*anba-an an Cr*ent Motion for a Period of Ti'e to .ile Motion for Reinvesti*ation. #n an order datedJ5K 02 2ece'ber 0551( the /andi*anba-an *ranted the 'otion for reinvesti*ation. 7n 22 2ece'ber 0551( petitioner filed his 'otion for reinvesti*ation in the 7ffice of the /pecial Prosecutor. 7n 2$ &pril 0555( the /andi*anba-an ordered the 7ffice of the /pecial Prosecutor to conduct the reinvesti*ation.J0$K The reinvesti*ation was assi*ned to /pecial Prosecution 7fficer ### Fesus Micael. Convinced that no probable cause e4isted to indict petitioner Te+ano( and spouses Fuana and Aicente dela Cru( /pecial Prosecutor Micael( in a 'e'orandu'J00K dated $< Nove'ber 0555( reco''ended the dis'issal of the case. The reco''endation was approved b- 2eput- /pecial Prosecutor Robert @. Oallos and concurred in b- /pecial Prosecutor ,eonardo P. Ta'a-o. 7n 0$ 2ece'ber 0555( 7'buds'an &niano &. 2esierto( who earlier participated in the initial preli'inar- investi*ation as /pecial Prosecutor( disapproved the reco''endation for the dis'issal of the case with the 'ar*inal note =assign the case to another prosecutor to prosecute the case aggressively.H 7n $2 .ebruar- 2$$$( /pecial Prosecutor Micael filed a Manifestation( to which was attached a cop- of his 'e'orandu'( infor'in* the /andi*anba-an of the disapproval b- 7'buds'an 2esierto of his reco''endation to dis'iss the case. 7n 0$ .ebruar- 2$$$( petitioner filed a Motion for Reconsideration of the disapproval b- 7'buds'an 2esierto of the reco''endation of Micael. &pparentl-( petitionerIs 'otion for reconsideration was not resolved on the 'erits because on 2% Fune 2$$$( /pecial Prosecution 7fficer ### Foselito R. .errer filed a Motion to /et the Case for &rrai*n'ent alle*in* therein that the prosecution did not *ive due course to the 'otion for reconsideration on the *round that it was the second 'otion which is prohibited under the 7'buds'an &ct of 05)5. ?e added that the results of the reinvesti*ation were alread- sub'itted to the respondent court before receivin* the 'otion for reconsideration.J02K Petitioner 'anifested before the /andi*anba-an the 7ffice of the /pecial ProsecutorIs failure to resolve his 'otion for reconsideration. Thus( in a resolutionJ0<K dated 21 March 2$$<( the respondent court directed the 7ffice of the 7'buds'an to resolve the said 'otion. #n a 'e'orandu'J01K dated $5 Fune 2$$<( /pecial Prosecutor Foselito R. .errer reco''ended the denial of the 'otion for reconsideration filed b- petitioner. 2eput- /pecial Prosecutor Robert @. Oallos chan*ed his previous position and reco''ended that the 'e'orandu' for the dis'issal of the 'otion for reconsideration be approved( with /pecial Prosecutor 2ennis M. Ailla-#*nacio concurrin* in the denial. 7n 01 Ful- 2$$<( 7'buds'an /i'eon A. Marcelo( who succeeded 7'buds'an 2esierto when he retired( approved Foselito .errerIs 'e'orandu' reco''endin* the denial of the 'otion for reconsideration. Petitioner thus filed the instant petition with pra-er for the issuance of a te'porar- restrainin* order to en+oin the /andi*anba-an fro' ta"in* further action in Cri'inal Case No. 20G51. 7n 25 &u*ust 2$$<( the .irst 2ivision of this Court issued the te'porar- restrainin* order pra-ed for. 7n 2) Ful- 2$$1( the instant petition was transferred to the /econd 2ivision of this Court. Issues Petitioner raises the followin* issues9 # 6?@T?@R 7R N7T R@/P7N2@NT 7..#C@ 7. T?@ 7MBC2/M&N C7MM#TT@2 ;R&A@ &BC/@ 7. 2#/CR@T#7N 6?@N #T 2#/&PPR7A@2 T?@ @&R,#@R R@C7MM@N2&T#7N .7R T?@ 2#/M#//&, 7. T?@ C&/@ &;&#N/T &,, T?@ &CCC/@2 6#T?7CT &NB C7;@NT 7R A@R#.#&B,@ R@&/7N &M7CNT#N; T7 ,&CO 7. FCR#/2#CT#7N 6?@N T?@B9 0. T?@ 7..#C@ 7. T?@ 7MBC2/M&N &BC/@2 #T/ 2#/CR@T#7N #N T?@ 2#/&PPR7A&, 7. T?@ R@/7,CT#7N 2&T@2 N7A@MB@R <( 0555 P &;&#N/T &,, &CCC/@2 .7R ,&CO 7. PR7B&B,@ C&C/@ &/ M&N2&T@2 CN2@R /@CT#7N 0< R.&. G%%$ #N R@,&T#7N T7 /@CT#7N <( RC,@ 002 7. T?@ RC,@/ 7N CR#M#N&, PR7C@2CR@. 2. T?@ 7..#C@ 7. /P@C#&, PR7C@CCT7R 2#2 N7T 2@T@RM#N@ T?@ @D#/T@NC@ 7. PR7B&B,@ C&C/@ #N & R@/7,CT#7N 2@NB#N; P@T#T#7N@RI/ M7T#7N .7R R@C7N/#2@R&T#7N .7R &PPR7A&, BB T?@ N@6 7MBC2/M&N. ## 6?@T?@R 7R N7T T?@ C&/@ .#,@2 &;&#N/T T?@ &CCC/@2 #/ & C,@&R C&/@ 7. P@R/@CCT#7N &N2 N7T PR7/@CCT#7N C7NT@MP,&T@2 CN2@R R.&. <$05( &/ &M@N2@2( 7T?@R6#/@ ON76N &/ T?@ &NT#-;R&.T &N2 C7RRCPT PR&CT#C@/ &CT( R@PCB,#C &CT N7. 0<%1 &N2 C?&PT@R ##( /@CT#7N 2( T#T,@ A##( B77O ## 7. T?@ R@A#/@2 P@N&, C72@. ### 6?@T?@R 7R N7T T?@ ?7N7R&B,@ 7MBC2/M&N ?&/ FCR#/2#CT#7N 7A@R T?@ C&/@. Rul%'. /0 t-e C/u$t Nuite apart fro' the above( we find a focal issue apparentl- *lossed over b- the parties - whether or not 7'buds'an 2esierto co''itted *rave abuse of discretion in disapprovin* the $< Nove'ber 0555 'e'orandu' of /pecial Prosecutor Fesus Micael reco''endin* the dis'issal of Cri'inal Case No. 20G51 a*ainst petitioner Te+ano( and spouses Fuana and Aicente dela Cru of AM; for violation of /ection <(e! of Rep. &ct No. <$05( where he had earlier participated in the preli'inar- investi*ation of the said cri'inal case reco''endin* the filin* of the infor'ation. This Court has been consistent in holdin* that it will not interfere with the 7'buds'anIs e4ercise of his constitutionall- 'andated investi*ator- and prosecutor- powers( and respect the initiative and independence inherent in the 7'buds'an who =beholden to no one( acts as the cha'pion of the people and the preserver of the inte*rit- of public service.HJ05K /uch discretionar- power of the 7'buds'an is be-ond the do'ain of this Court to review( save in cases where there is clear showin* of *rave abuse of discretion a'ountin* to lac" or e4cess of +urisdiction of the latter. ;rave abuse of discretion is such capricious and whi'sical e4ercise of +ud*'ent on the part of the public officer concerned which is e8uivalent to an e4cess or lac" of +urisdiction. The abuse of discretion 'ust be so patent and *ross as to a'ount to an evasion of positive dut- or a virtual refusal to perfor' a dut- en+oined b- law( or to act at all in conte'plation of law as where the power is e4ercised in an arbitrar- and despotic 'anner b- reason of passion or hostilit-.J0GK 7'buds'an 2esierto( in this case( co''itted *rave abuse of discretion. Petitioner attributes partialit- on the part of 7'buds'an 2esierto for havin* participated in the reinvesti*ation of the instant case despite the fact that he earlier participated in the initial preli'inar- investi*ation of the sa'e when he was a /pecial Prosecutor b- concurrin* in the reco''endation for the filin* of the infor'ation before the /andi*anba-an. 6e a*ree with the petitioner. /teadfastl-( we have ruled that the officer who reviews a case on appeal should not be the sa'e person whose decision is under review. J0%K #nZambales Chromite Mining Company v. Court of Appeals, J0)K the decision of the /ecretar- of &*riculture and Natural Resources was set aside b- this Court after it had been established that the case concerned an appeal of the /ecretar-Is own previous decision( which he handed down while he was -et the incu'bent 2irector of Mines. 6e have e8uall- declared void a decision rendered b- the /econd 2ivision of the National ,abor Relations Co''ission( because one of its 'e'bers( Co''issioner Raul &8uino( participated in the review of the case which he had earlier decided on as a for'er labor arbiter.J05K ,i"ewise( this Court struc" down a decision of Presidential @4ecutive &ssistance Facobo Clave over a resolution of the Civil /ervice Co''ission( in which he( then concurrentl- its Chair'an( had earlier concurred.J2$K ?avin* participated in the initial preli'inar- investi*ation of the instant case and havin* reco''ended the filin* of an appropriate infor'ation( it behooved 7'buds'an 2esierto to recuse hi'self fro' participatin* in the review of the sa'e durin* the reinvesti*ation. ?e should have dele*ated the review to his 2eputies pursuant to /ection 05 of Rep. &ct No. G%%$( which provides9 /ec. 05. Powers( .unctions and 2uties. P The 7ffice of the 7'buds'an shall have the followin* powers( functions and duties9 . . . (0$! 2ele*ate to the 2eputies( or its investi*ators or representatives such authorit- or dut- as shall ensure the effective e4ercise or perfor'ance of the powers( functions and duties herein or hereinafter provided: . . . #n earlier reco''endin* the filin* of infor'ation( then /pecial Prosecutor 2esierto was alread- convinced( fro' that 'o'ent( that probable cause e4ists to indict the accused. #t beco'es a farfetched possibilit- that in a subse8uent review of the sa'e( 7'buds'an 2esierto would 'a"e a turnabout and ta"e a position contradictor- to his earlier findin*. 2ue process dictates that one called upon to resolve a dispute 'a- not review his decision on appeal.J20K 6e ta"e our bearin*s fro' Zambales Chromite Mining Co. v. Court of AppealsJ22K which succinctl- e4plained that9 #n order that the review of the decision of a subordinate officer 'i*ht not turn out to be farce( the reviewin* officer 'ust perforce be other than the officer whose decision is under review: otherwise( there could be no different view or there would be no real review of the case. The decision of the reviewin* officer would be a biased view: inevitabl-( it would be the sa'e view since bein* hu'an( he would not ad'it that he was 'ista"en in his first view of the case. Cojuangco, Jr. v. Presidential Commission on ood overnmentJ2<K concedes the applicabilit- of the prohibition on the reviewin* officer to handle a case he earlier decided( thus9 6here the circu'stances do not inspire confidence in the ob+ectivit- and i'partialit- of the +ud*e( such +ud*e should inhibit voluntaril- or if he refuses( he should be prohibited fro' handlin* the case. & +ud*e 'ust not onl- be i'partial but 'ust also appear i'partial as an assurance to the parties that his decision will be +ust. ?is actuation 'ust inspire that belief. This is an instance when appearance is as i'portant as realit-. The sa'e rule of thu'b should appl- to an investi*atin* officer conductin* a preli'inar- investi*ation. This is the reason wh- under /ection 0G%5 of the for'er Revised &d'inistrative Code( the /ecretar- of Fustice( who has supervision over the prosecution ar' of the *overn'ent( is *iven a'ple power to desi*nate another prosecutor to handle the investi*ation and prosecution of a case when the prosecutor handlin* the sa'e is otherwise dis8ualified b- personal interest( or is unable or fails to perfor' his dut-. (Cnderlinin* supplied! The fact that the 'otion for reconsideration of 7'buds'an 2esiertoIs disapproval of the $< Nove'ber 0555 'e'orandu' of /pecial Prosecutor Fesus Micael reco''endin* the dis'issal of Cri'inal Case No. 20G51 was denied b- another reviewin* officer( 7'buds'an Marcelo( does not cure the infir'it- of 7'buds'an 2esiertoIs actuation. &s stressed in !ingson v. "#$C%J21K . . . The infir'it- of the resolution was not cured b- the fact that the 'otion for reconsideration of the petitioner was denied b- two co''issioners and without the participation of Co''issioner &8uino. The ri*ht of petitioner to an i'partial review of his appeal starts fro' the ti'e he filed his appeal. ?e is not onl- entitled to an i'partial tribunal in the resolution of his 'otion for reconsideration. Moreover( his ri*ht is to an i'partial review of three co''issioners. The denial of petitionerIs ri*ht to an i'partial review of his appeal is not an innocuous error. #t ne*ated his ri*ht to due process. (Cnderlinin* supplied! 6ith the fore*oin* conclusion( we dee' it unnecessar- to discuss the other issues raised b- petitioner. )HEREFORE( the 7'buds'anIs disapproval of the 'e'orandu' dated $< Nove'ber 0555( where Prosecutor Fesus &. Micael of the 7ffice of the /pecial Prosecutor reco''ended the dis'issal of Cri'inal Case No. 20G51( as well as the 'e'orandu' dated $5 Fune 2$$<( which denied petitionerIs 'otion for reconsideration( are /@T &/#2@. The case is re'anded to the 7ffice of the 7'buds'an for further proceedin*s. No costs. SO ORDERED( Puno, &Chairman', Austria(Martine), Callejo, !r., and *inga, JJ., concur. I"#a$t%al T$%&u'al P$e1ud%c%al Pu&l%c%t2 Est$ada *s Des%e$t/
FACTS #n the Ma- 00( 055) elections( petitioner Foseph @strada was elected President while respondent ;loria Macapa*al-&rro-o was elected Aice- President. .ro' the be*innin* of his ter'( however( petitioner was pla*ued b- proble's that slowl- eroded his popularit-. 7n 7ctober 1( 2$$$( #locos /ur ;overnor Chavit /in*son( a lon*ti'e friend of the petitioner( accused the petitioner( his fa'il- and friends of receivin* 'illions of pesos fro' +ueten* lords. The e4poseI i''ediatel- i*nited reactions of ra*e. 7n Nove'ber 0<( 2$$$( ?ouse /pea"er Aillar trans'itted the &rticles of #'peach'ent si*ned b- 005 representatives or 'ore than 0L< of all the 'e'bers of the ?ouse of Representatives to the /enate. 7n Nove'ber 2$( 2$$$( the /enate for'all- opened the i'peach'ent trial of the petitioner. 7n Fanuar- 0G( 2$$0( b- a vote of 00-0$( the senator-+ud*es ruled a*ainst the openin* of the second envelope which alle*edl- contained evidence showin* that petitioner held P<.< billion in a secret ban" account under the na'e =Fose Aelarde.H The rulin* was 'et b- a spontaneous outburst of an*er that hit the streets of the 'etropolis. Thereafter( the &r'ed .orces and the PNP withdrew their support to the @strada *overn'ent. /o'e Cabinet secretaries( undersecretaries( assistant secretaries and bureau chiefs resi*ned fro' their posts. 7n Fanuar- 2$( 2$$0( at about 02 noon( Chief Fustice 2avide ad'inistered the oath to respondent &rro-o as President of the Philippines. 7n the sa'e da-( petitioner issued a press state'ent that he was leavin* Malacanan* Palace for the sa"e of peace and in order to be*in the healin* process of the nation. #t also appeared that on the sa'e da-( he si*ned a letter statin* that he was trans'ittin* a declaration that he was unable to e4ercise the powers and duties of his office and that b- operation of law and the Constitution( the Aice- President shall be the &ctin* President. & cop- of the letter was sent to /pea"er .uentebella and /enate President Pi'entel on the sa'e da-. &fter his fall fro' the power( the petitionerIs le*al proble's appeared in clusters. /everal cases previousl- filed a*ainst hi' in the 7ffice of the 7'buds'an were set in 'otion. Petitioner sou*ht to en+oin the respondent 7'buds'an fro' conductin* an- further proceedin*s in an- cri'inal co'plaint that 'a- be filed in his office( until after the ter' of petitioner as President is over and onl- if le*all- warranted. @rap also filed a Nuo 6arranto case( pra-in* for +ud*'ent =confir'in* petitioner to be the lawful and incu'bent President of the Republic of the Philippines te'poraril- unable to dischar*e the duties of his office( and declarin* respondent to have ta"en her oath as and to be holdin* the 7ffice of the President( onl- in an actin* capacit- pursuant to the provisions of the Constitution.H ISSUES 6hether or not the petitioner resi*ned as President 6hether or not the petitioner is onl- te'poraril- unable to act as President 6hether or not the petitioner was not denied the ri*ht to i'partial trial. HELD 0. Csin* the totalit- test( t-e SC -eld t-at #et%t%/'e$ $es%.'ed as P$es%de't( The proposal for a snap election for president in Ma- where he would not be a candidate is an indiciu' that petitioner had intended to *ive up the presidenc- even at that ti'e. The &n*ara diar- shows that the President wanted onl- five-da- period pro'ised b- Re-es( as well as to open the second envelop to clear his na'e. =+f the envelope is opened, on Monday, he says, he will leave by Monday. =*he President says. ,Pagod na pagod na a-o. Ayo-o na masyado nang masa-it. Pagod na a-o sa red tape, bureaucracy, intriga. &+ am very tired. + don.t want any more of this / it.s too painful. +.m tired of the red tape, the bureaucracy, the intrigue.' =+ just want to clear my name, then + will go.0 *he !C held that this is high grade evidence that the petitioner has resigned. *he intent to resign is clear when he said ,1 1 1 Ayo-o na masyado nang masa-it.0 , Ayo-o na0 are words of resignation. 2urin* the ne*otiations( the resi*nation of the petitioner was treated as a *iven fact. The onl- unsettled points at that ti'e were the 'easures to be underta"en b- the parties durin* and after transition period. ?is resi*nation was also confir'ed b- his leavin* MalacaRan*. #n the press release containin* his final state'ent( (0! he ac"nowled*ed the oath-ta"in* of the respondent as President of the Republic albeit with the reservation about its le*alit-: (2! he e'phasied he was leavin* the Palace( the seat of the presidenc-( for the sa"e of peace and in order to be*in the healin* process of our nation. ?e did not sa- he was leavin* the Palace due to an- "ind of inabilit- and he was *oin* to re-assu'e the presidenc- as soon as the disabilit- disappears: (<! he e4pressed his *ratitude to the people for the opportunit- to serve the'. 6ithout doubt( he was referrin* to the past opportunit- *iven hi' to serve the people as President: (1! he assured that he will not shir" fro' an- future challen*e that 'a- co'e ahead in the sa'e service of our countr-. PetitionerIs reference is to a future challen*e after occup-in* the office ofI the president which he has *iven up: and (5! he called on his supporters to +oin hi' in the pro'otion of a constructive national spirit of reconciliation and solidarit-. Certainl-( the national spirit of reconciliation and solidarit- could not be attained if he did not *ive up the presidenc-. The press release was petitionerIs valedictor-( his final act of farewell. ?is presidenc- is now in the past tense. 2.The petitioner is #e$"a'e'tl2 u'a&le t/ act as P$es%de't. /ection 00 of &rticle A## provides that =Con*ress has the ulti'ate authorit- under the Constitution to deter'ine whether the President is incapable of perfor'in* his functions.H Both houses of Con*ress have reco*nied respondent &rro-o as the President. #'plicitl- clear in that reco*nition is the pre'ise that the inabilit- of petitioner @strada is no lon*er te'porar-. Con*ress has clearl- re+ected petitionerIs clai' of inabilit-. @ven if petitioner can prove that he did not resi*n( still( he cannot successfull- clai' that he is a President on leave on the *round that he is 'erel- unable to *overn te'poraril-. That clai' has been laid to rest b- Con*ress and the decision that respondent &rro-o is the de +ure President 'ade b- a co-e8ual branch of *overn'ent cannot be reviewed b- the /upre'e Court <. Petitioner was '/t de'%ed t-e $%.-t t/ %"#a$t%al t$%al.Pervasive publicit- is not per se pre+udicial to the ri*ht of an accused to fair trial. The 'ere fact that the trial of appellant was *iven a da--to-da-( *avel-to-*avel covera*e does not b- itself prove that the publicit- so per'eated the 'ind of the trial +ud*e and i'paired his i'partialit-. #n the case at bar( the records do not show that the trial +ud*e developed actual bias a*ainst appellant as a conse8uence of the e4tensive 'edia covera*e of the pre-trial and trial of his case. The totalit- of circu'stances of the case does not prove that the trial +ud*e ac8uired a fi4ed opinion as a result of pre+udicial publicit- which is incapable if chan*e even b- evidence presented durin* the trial. &ppellant has the burden to prove this actual bias and he has not dischar*ed the burden. $e #et%t%/' 0/$ $ad%/ a'd tele*%s%/' c/*e$a.e /0 t-e "ult%#le "u$de$ cases a.a%'st Ma.u%'da'a/ !/*e$'/$ 3ald2 A"#atua' 7n the possible influence of 'edia covera*e on the i'partialit- oftrial court +ud*es( the Court found that pre+udicial publicit- insofar as it under'ines the ri*ht to a fair trial 'ust pass the =totalit- of circu'stancesH test( applied in People v. Teehan"ee( Fr. and @strada v. 2esierto( that the ri*ht of an accused to a fair trial is not inco'patible to a free press( that pervasive publicit- is not per se pre+udicial to the ri*ht of an accused to a fair trial( and that there 'ust be alle*ation and proof of the i'paired capacit- of a +ud*e to render a bias- free decision. Mere fear of possible undue influence is not tanta'ount to actual pre+udice resultin* in the deprivation of the ri*ht to a fair trial. Re9 Petition for Radio and Television Covera*e of the Multiple Murder Cases &*ainstMa*uindanao ;overnor Sald- &'patuan.acts9&l'ost a -ear after the Ma*uindanao Massacre( the National Cnion of Fournalists of the Philippines( broadcastin* networ"s( and the relatives of the victi's( filed apetition before the Court( pra-in* that live television and radio covera*e of the trial inthe cri'inal cases be allowed( and that recordin* devices (e.*.( still ca'eras( taperecorders! be per'itted inside the courtroo'.Petitioners see" the liftin* of the absolute ban on live television and radio covera*e of court proceedin*s( contendin* that previous rulin*s re*ardin* such 'atter( violatethe doctrine that proposed restrictions on constitutional ri*hts are to be narrowl-construed and outri*ht prohibition cannot stand when re*ulation is a viablealternative.#ssue967N liftin* the absolute ban on live broadcastin* of court proceedin*s in the casewould infrin*e constitutional ri*hts?eld9Respectin* the possible influence of 'edia covera*e on the i'partialit- of trial court +ud*es( the ri*ht of an accused to a fair trial is not inco'patible to a free press.Pervasive publicit- is not per se pre+udicial to the ri*ht of an accused to a fair trial(and that there 'ust be alle*ation and proof of the i'paired capacit- of a +ud*e torender a bias-free decision. Mere fear of possible undue influence is not tanta'ountto actual pre+udice resultin* in the deprivation of the ri*ht to a fair trial. ?ence( thecourt allowed pro hac vice the live broadcastin* O##/$tu'%t2 t/ &e Hea$d Bud%/'.a' *s Dela C$u4 5DI!EST,,,6 YNARES+SANTIA!O J.9
This Petition for Certiorari under Rule G5 of the Rules of Court assails the Me'orandu'J0K dated &pril 2)( 2$$1 of the 7ffice of the /pecial Prosecutor( 7ffice of the 7'buds'an( reco''endin* that petitioners be char*ed with violation of /ection <(e! of Republic &ct (R.&.! No. <$05 and petitioner Pedro @. Budion*an with violation of /ection <(h! of R.&. No. <$05. &lso assailed is the ResolutionJ2K dated 7ctober 05( 2$$5 den-in* petitionersI 'otion for reconsideration.
The antecedent facts are as follows9
B- virtue of Municipal 7rdinance No. 2( series of 2$$0( the Municipalit- of Car'en( Bohol appropriated the a'ount of P15$($$$.$$ for the purchase of a road roller for the 'unicipalit-. ?owever( on Nove'ber 0G( 2$$0( the Municipal 2evelop'ent Council throu*h Resolution No. < reco''ended that the a'ount of P15$($$$.$$ be reali*ned and used for the asphalt la-in* of a portion of the Tan Modesto Bernalde /treet.J<K The proposed reali*n'ent was included in the 2ece'ber 20( 2$$0 a*enda of the /an**unian* Ba-an of Car'en but discussion thereon was deferred.
7n .ebruar- G( 2$$2( petitioner Municipal Treasurer( .ul*encio A. PaRa( issued a Certificate of &vailabilit- of .unds for the pro+ect. Thereafter( the 7ffice of the Municipal @n*ineer prepared a Pro*ra' of 6or"s and Cost @sti'ates dul- notedLapproved b- Municipal Bud*et 7fficer Taciana B. @spe+o and Ma-or Budion*an.
Biddin* was conducted on March 5( 2$$2. The ne4t da-( March G( 2$$2( Ma-or Budion*an issued the Notice of &ward and Notice to Co''ence 6or" in favor of ?erbert Mal'is ;eneral Merchandise and Contractor( #nc. who e'er*ed as the lowest co'pl-in* bidder. 7n March 22( 2$$2( the /an**unian* Ba-an passed Resolution No. G$(J1K series of 2$$2( authoriin* Ma-or Budion*an to si*n and enter into contract with Mal'is relative to the above pro+ect in the a'ount of P<<5()$).$$. 6ith such authorit-( Mal'is co''enced with the pro+ect.
Thereafter( it was discovered that there was -et no ordinance approvin* the reali*n'ent of the funds. Thus( on Ma- 0%( 2$$2( the /an**unian* Ba-an passed 7rdinance No. )(J5K series of 2$$2( approvin* the reali*n'ent of the fund. 7n Fune 01( 2$$2( Mal'is was paid the contract price.
7n Ful- <( 2$$2( private respondents &rlene P. Pal*an and Aaleriano C. Nadala filed a co'plaintJGK a*ainst the petitioners before the 7ffice of the 2eput- 7'buds'an for Aisa-as alle*in* ille*alit- in the conduct of the biddin*( award and notice to co''ence wor" since there was no fund appropriated for the purpose.
7n Ful- <0( 2$$<( the 7ffice of the 2eput- 7'buds'an for Aisa-as found probable cause and reco''ended the filin* of an infor'ation for violation of &rticle 22$J%K of the Revised Penal Code a*ainst the petitioners. ?owever( the co'plaint a*ainst ?er'osila ,o*rono( 2esiderio ;udia( Fr. and ?erbert Mal'is was dis'issed for lac" of 'erit.J)K
Cpon review( the Case &ssess'ent( Review and Reinvesti*ation Bureau of the 7ffice of the /pecial Prosecutor( issued the assailed Me'orandu' dated &pril 2)( 2$$1( 'odif-in* the char*e fro' violation of &rticle 22$ of the Revised Penal Code to (0! violation of /ection <(e! of R.&. No. <$05 a*ainst petitioners for alle*edl- *ivin* unwarranted benefit to Mal'is and (2! violation of /ection <(h! of R.&. No. <$05 a*ainst petitioner Budion*an for alle*edl- =directl- or indirectl- havin* financial or pecuniar- interest in a contract or transaction in connection with which he intervenes or ta"es part in his official capacit-.H
Thus( two separate #nfor'ations were filed before the /andi*anba-an (0! for violation of /ection <(e! of R.&. No. <$05 a*ainst the petitioners doc"eted as Cri'inal Case No. 2)$%5 and (2! for violation of /ection <(h! of R.&. No. <$05 a*ainst petitioner Budion*an doc"eted as Cri'inal Case No. 2)$%G.
Thereafter( petitioners filed a Motion to NuashJ5K the infor'ation char*in* the' with violation of /ec. <(e! of R.&. No. <$05. #n a ResolutionJ0$K dated Fune 0$( 2$$5( the /andi*anba-an *ranted the 'otion to 8uash and re'anded Cri'inal Case No. 2)$%5 to the 7ffice of the 7'buds'an for a'end'ent of the #nfor'ation. #t held that althou*h Mal'is benefited fro' the contract( the sa'e is not unwarranted considerin* that the pro+ect was i'ple'ented( e4ecuted and co'pleted.
7n Fune 2%( 2$$5( an &'ended #nfor'ationJ00K was filed char*in* petitioners with violation of /ec. <(e! of R.&. No. <$05( alle*in* that petitioners( b- pre'aturel- awardin* to Mal'is the pro+ect despite the absence of funds specificall- appropriated for such purpose( and thereafter pa-in* the contract price fro' the Municipal Treasur- which was ori*inall- appropriated for the purchase of a road roller( caused da'a*e and undue in+ur- to the *overn'ent.
.indin* that the &'ended #nfor'ation contains all the 'aterial aver'ents necessar- to 'a"e out a case for the first 'ode of violatin* /ection <(e! of R.&. No. <$05( i.e.( causin* an- undue in+ur- to an- part-( includin* the *overn'ent( the /andi*anba-an ad'itted the &'ended #nfor'ation in its Resolution dated &u*ust 0)( 2$$5.J02K
7n even date( petitioners filed with the /andi*anba-an a Motion for ,eave of Court to .ile Motion for Reinvesti*ationJ0<K ar*uin* that the above #nfor'ations were filed without affordin* the' the opportunit- to file counter- affidavits to answerLrebut the 'odified char*es. 7n /epte'ber 2$( 2$$5( the /andi*anba-an issued a ResolutionJ01K den-in* the 'otion insofar as Cri'inal Case No. 2)$%G is concerned. #t held that it is too late in the da- to re'and the case for reinvesti*ation considerin* that Budion*an had alread- been arrai*ned and the case had lon* been set for pre-trial proceedin*s( with both parties havin* filed their respective briefs. &s re*ards Cri'inal Case No. 2)$%5( the /andi*anba-an noted that althou*h the conduct of the preli'inar- investi*ation was re*ular( petitioners however were not *iven the opportunit- to see" reconsideration of the 'odified char*es. Thus( it *ranted leave to the petitioners to file with the 7ffice of the /pecial Prosecutor a 'otion for reconsideration (not a 'otion for reinvesti*ation! of the said officeIs Me'orandu' dated &pril 2)( 2$$1.
Petitioners filed a Motion for Reconsideration with the 7ffice of the /pecial Prosecutor which was denied for lac" of 'erit in the Resolution dated 7ctober 05( 2$$5.
?ence( this petition raisin* the followin* issues9
Petitioners 'aintain that the 'odification of the char*e fro' violation of &rticle 22$ of the Revised Penal Code to violation of /ections <(e! and <(h! of R.&. No. <$05 denied their ri*hts to due process since the- were not *iven the opportunit- to answer and present evidence on the new char*e in a preli'inar- investi*ation. .urther'ore( the petitioners ar*ue that public respondents co''itted *rave abuse of discretion a'ountin* to lac" or e4cess of +urisdiction in issuin* the challen*ed resolutions findin* probable cause for violation of R.&. No. <$05.
The petition lac"s 'erit.
The ri*ht to a preli'inar- investi*ation is not a constitutional ri*ht( but is 'erel- a ri*ht conferred b- statute. The absence of a preli'inar- investi*ation does not i'pair the validit- of the #nfor'ation or otherwise render the sa'e defective. #t does not affect the +urisdiction of the court over the case or constitute a *round for 8uashin* the #nfor'ation.J05K #f absence of a preli'inar- investi*ation does not render the #nfor'ation invalid nor affect the +urisdiction of the court over the case( then the denial of a 'otion for reinvesti*ation cannot li"ewise invalidate the #nfor'ation or oust the court of its +urisdiction over the case.
Petitioners were not deprived of due process because the- were afforded the opportunit- to refute the char*es b- filin* their counter-affidavits. The 'odification of the offense char*ed did not co'e as a surprise to the petitioners because it was based on the sa'e set of facts and the sa'e alle*ed ille*al acts. Moreover( petitioners failed to aver newl- discovered evidence nor i'pute co''ission of *rave errors or serious irre*ularities pre+udicial to their interest to warrant a reconsideration or reinvesti*ation of the case as re8uired under /ection )( Rule ### of the Rules of Procedure of the 7ffice of the 7'buds'an.J0GK Thus( the 'odification of the offense char*ed( even without affordin* the petitioners a new preli'inar- investi*ation( did not a'ount to a violation of their ri*hts.
.urther'ore( the ri*ht to preli'inar- investi*ation is dee'ed waived when the accused fails to invo"e it before or at the ti'e of enterin* a plea at arrai*n'ent.J0%K Petitioner Budion*an was arrai*ned in Cri'inal Case No. 2)$%G on March 2)( 2$$5. ?e was also arrai*ned to*ether with the rest of the petitioners under the &'ended #nfor'ation in Cri'inal Case No. 2)$%5 on 2ece'ber 2( 2$$5.
The purpose of a preli'inar- investi*ation is 'erel- to deter'ine whether a cri'e has been co''itted and whether there is probable cause to believe that the person accused of the cri'e is probabl- *uilt- thereof and should be held for trial.J0)K & findin* of probable cause needs onl- to rest on evidence showin* that 'ore li"el- than not a cri'e has been co''itted and was co''itted b- the suspect. Probable cause need not be based on clear and convincin* evidence of *uilt( neither on evidence establishin* *uilt be-ond reasonable doubt and definitel-( not on evidence establishin* absolute certaint- of *uilt.H J05K
The 7ffice of the /pecial Prosecutor is an inte*ral co'ponent of the 7'buds'an and is under the latterIs supervision and control. Thus( whatever course of action that the 7'buds'an 'a- ta"e( whether to approve or to disapprove the reco''endation of the investi*atin* prosecutor( is but an e4ercise of his discretionar- powers based upon constitutional 'andate. ;enerall-( courts should not interfere in such e4ercise. #t is be-ond the a'bit of this Court to review the e4ercise of discretion of the 7'buds'an in prosecutin* or dis'issin* a co'plaint filed before it( save in cases where there is clear showin* of *rave abuse of discretion a'ountin* to lac" or e4cess of +urisdiction on the part of the 7'buds'an.J2$K &bsent an- showin* of arbitrariness on the part of the prosecutor or an- other officer authoried to conduct preli'inar- investi*ation( as in the instant case( courts as a rule 'ust defer to said officerIs findin* and deter'ination of probable cause( since the deter'ination of the e4istence of probable cause is the function of the prosecutor.J20K
#n fine( certiorari will not lie to invalidate the 7ffice of the /pecial Prosecutor3s resolution den-in* petitionersI 'otion for reconsideration since there is nothin* to substantiate petitionersI clai' that it *ravel- abused its discretion in rulin* that there was no need to conduct a reinvesti*ation of the case.J22K
)HEREFORE( in view of the fore*oin*( the instant petition is DISMISSED. The assailed Me'orandu' of the 7ffice of the /pecial Prosecutor( 7ffice of the 7'buds'an( dated &pril 2)( 2$$1 findin* probable cause that petitioners violated /ections <(e! and <(h! of Republic &ct No. <$05 and the Resolution dated 7ctober 05( 2$$5 den-in* petitionersI Motion for Reconsideration( are hereb- AFFIRMED.
SO ORDERED( I'0/$"at%/' a'd A$$a%.'"e't su""a$2 d%s"%ssal &/a$d *s( t/$c%ta Read 0ull te7t, .&CT/9 Respondent was char*ed with 02 ad'inistrative co'plaints which were consolidated into one 'a+or co'plaint( which is( conduct unbeco'in* of a police officer. The /u''ar- 2is'issal Board suspended respondent fro' service for 2$ da-s( for =si'ple irre*ularit- in the perfor'ance of serviceH. The Board later found respondent to have co''itted a breach of internal discipline b- ta"in* alcoholic drin"s while on dut-. ?@,29 Respondent was entitled to "now that he was bein* char*ed with bein* drun" while in the perfor'ance of dut-. <hou*h he was *iven the opportunit- to be heard on the 'ultiple and broad char*es filed a*ainst hi'( the absence of specification of the offense for which he was eventuall- found *uilt- is not a proper observance of due process. Sa'%t2 Pe/#le *s est$ada Nature9 &uto'atic review of the death penalt- .acts9 2ece'ber 2%( 0551( at the /t. FohnIs Cathedral( 2a*upan Cit-( while the sacra'ent of confir'ation was bein* perfor'ed b- the Bishop( a 'an fro' the crowd wal"ed towards the center of the altar and sat on the BishopIs chair. Crisanto /antillan( who was an assistant saw this. ?e re8uested the accused to vacate( but the latter refused. The- called on the *uard. 2espite repeated re8uest( he did not 'ove. &s the *uard was atte'ptin* to stri"e the victi' with his ni*htstic" to 'a"e hi' leave accused-appellant drew a "nife and stabbed Mararac. ?e repeated it a lot. &fter( he *ot up and shouted via the 'ic: No one can beat 'e hereE /P70 .rancisco saw a 'an( with red stains on his shirt and a "nife in one hand sittin* on a chair. ?e advised hi' to drop the "nife. &ccused-appellant obe-ed( Mararac( the securit- *uard( was brou*ht to the hospital where he e4pired a few 'inutes upon arrival. &ccused-appellant( filed a =2e'urrer to @videnceH where he clai's that9 prosecution failed to prove 'urder: that there was unlawful a**ression b- the victi': and that accused-appellant was of unsound 'ind. #nspector Aalde (Fail warden! re8uested the court to allow accused-appellant( to be treated at the Ba*uio ;eneral ?ospital to deter'ine whether he should re'ain in +ail or be transferred to so'e other institution. 6hile 'otion for reconsideration was pendin*( counsel for accused-appellant filed a =Motion to Confine &ccused for Ph-sical( Mental and Ps-chiatric @4a'ination.H &ppellantIs counsel infor'ed the court that accused-appellant had been e4hibitin* abnor'al behavior for the past wee"s. There were 2 letters of the warden re8uestin* the sa'e. The trial court denied reconsideration of the order den-in* the =2e'urrer to @vidence.H 2r. Maria /oledad ;awidan( a resident ph-sician in the 2epart'ent of Ps-chiatr- at the Ba*uio ;eneral ?ospital( testified to the accused bein* confined and dia*nosed with =/chiophrenic Ps-chosis( Paranoid T-peT schiophrenia( paranoid( chronic( paranoid t-pe.H The trial court rendered a decision on Fune 2<( 055%. #t upheld the prosecution evidence and found accused-appellant *uilt- of the cri'e char*ed and thereb- sentenced hi' to death( #ssue9 67N he was indeed insane ?eld9 6hen a person co''its a felonious act the act is presu'ed to have been done voluntaril-. #n the absence of evidence to the contrar-( the law presu'es that ever- person is of sound 'ind and that all acts are voluntar-. &n insane person is e4e'pt fro' cri'inal liabilit- unless he has acted durin* a lucid interval. #n the e-es of the law( insanit- e4ists when there is a co'plete deprivation of intelli*ence in co''ittin* the act. Mere abnor'alit- of the 'ental faculties will not e4clude i'putabilit-. /ince the presu'ption is alwa-s in favor of sanit-( he who invo"es insanit- as an e4e'ptin* circu'stance 'ust prove it b- clear and positive evidence. There are certain circu'stances that should have placed the trial court on notice that appellant 'a- not have been in full possession of his 'ental faculties e.*. when he attac"ed Mararac( then went up the 'icrophone. &ccused-appellantIs histor- of 'ental illness was brou*ht to the courts. To test whether the accused would have a fair trial there are two distinct 'atters to be deter'ined (0! whether defendant is coherent to provide his counsel with infor'ation necessar- (2! whether he is able to co'prehend the si*nificance of the trial and his relation to it. To put a le*all- inco'petent person on trial or to convict and sentence hi' is a violation of the constitutional ri*hts to a fair trial. The deter'ination of whether a sanit- investi*ation or hearin* should be ordered rests *enerall- in the discretion of the trial court. #n the case at bar( when accused-appellant 'oved for suspension of the arrai*n'ent on the *round of accusedIs 'ental condition( the trial court denied the 'otion after findin* that the 8uestions propounded on appellant were intelli*entl- answered b- hi'. The fact that accused-appellant was able to answer the 8uestions as"ed b- the trial court is not conclusive evidence that he was co'petent enou*h to stand trial and assist in his defense. The trial court too" it solel- upon itself to deter'ine the sanit- of accused-appellant. The trial +ud*e is not a ps-chiatrist or ps-cholo*ist or so'e other e4pert e8uipped with the specialied "nowled*e. #f the 'edical histor- was not enou*h to create a reasonable doubt in the +ud*eIs 'ind of accused- appellantIs co'petenc- to stand trial( subse8uent events should have done so. 7ne 'onth after the prosecution rested its case( there were letters re8uestin* that accused be confined in hospital( as well as the counselIs filin* of 'otion. &nd despite all the overwhel'in* indications of accused-appellantIs state of 'ind( the +ud*e persisted in his personal assess'ent and never even considered sub+ectin* accused-appellant to a 'edical e4a'ination. To top it all( the +ud*e found appellant *uilt- and sentenced hi' to deathE Fud*'ent9 &t this late hour( a 'edical findin* alone 'a- 'a"e it i'possible for us to evaluate appellantIs 'ental condition at the ti'e of the cri'eIs co''ission for hi' to avail of the e4e'ptin* circu'stance of insanit-. Nonetheless( under the present circu'stances( accused-appellantIs co'petence to stand trial 'ust be properl- ascertained to enable hi' to participate in his trial 'eanin*full-. Re'anded to the court a 8uo for the conduct of a proper 'ental e4a'ination on accused-appellant( a deter'ination of his co'petenc- to stand trial( and for further proceedin*s. e7t$ad%t%/' sec$eta$2 /0 1ust%ce *s la't%/' Nature9 Petition for review of a decision of the Manila RTC .acts9 7n Fune 0)( 0555 the 2epart'ent of Fustice received fro' the 2epart'ent of .orei*n &ffairs a re8uest for the e4tradition of private respondent Mar" Fi'ene to the C./. The ;rand Fur- #ndict'ent( the warrant for his arrest( and other supportin* docu'ents for said e4tradition were attached alon* with the re8uest. Char*es include9 0. Conspirac- to co''it offense or to defraud the C/ 2. &tte'pt to evade or defeat ta4 <. .raud b- wire( radio( or television 1. .alse state'ent or entries 5. @lection contribution in na'e of another The 2epart'ent of Fustice (27F!( throu*h a desi*nated panel proceeded with the technical evaluation and assess'ent of the e4tradition treat- which the- found havin* 'atters needed to be addressed. Respondent( then re8uested for copies of all the docu'ents included in the e4tradition re8uest and for hi' to be *iven a'ple ti'e to assess it. The /ecretar- of Fustice denied re8uest on the ff. *rounds9 0. ?e found it pre'ature to secure hi' copies prior to the co'pletion of the evaluation. &t that point in ti'e( the 27F is in the process of evaluatin* whether the procedures and re8uire'ents under the relevant law (P2 0$G5T Philippine @4tradition ,aw! and treat- (RP-C/ @4tradition Treat-! have been co'plied with b- the Re8uestin* ;overn'ent. @valuation b- the 27F of the docu'ents is not a preli'inar- investi*ation li"e in cri'inal cases 'a"in* the constitutionall- *uaranteed ri*hts of the accused in cri'inal prosecution inapplicable. 2. The C./. re8uested for the prevention of unauthoried disclosure of the infor'ation in the docu'ents. <. .inall-( countr- is bound to Aienna convention on law of treaties such that ever- treat- in force is bindin* upon the parties. The respondent filed for petition of 'anda'us( certiorari( and prohibition. The RTC of NCR ruled in favor of the respondent. /ecretar- of Fustice was 'ade to issue a cop- of the re8uested papers( as well as conductin* further proceedin*s. #ssues9 0. 67N private is respondent entitled to the two basic due process ri*hts of notice and hearin* Bes. U2(a! of P2 0$)G defines e4tradition as =the re'oval of an accused fro' the Philippines with the ob+ect of placin* hi' at the disposal of forei*n authorities to enable the re8uestin* state or *overn'ent to hold hi' in connection with an- cri'inal investi*ation directed a*ainst hi' in connection with an- cri'inal investi*ation directed a*ainst hi' or the e4ecution of a penalt- i'posed on hi' under the penal or cri'inal law of the re8uestin* state or *overn'ent.H <hou*h the in8uisitorial power e4ercised b- the 27F as an ad'inistrative a*enc- due to the failure of the 2.& to co'pl- lac"s an- +udicial discretion( it pri'aril- sets the wheels for the e4tradition process which 'a- ulti'atel- result in the deprivation of the libert- of the prospective e4tradite. This deprivation can be effected at two sta*es9 The provisional arrest of the prospective e4tradite pendin* the sub'ission of the re8uest M the te'porar- arrest of the prospective e4tradite durin* the pendenc- of the e4tradition petition in court. Clearl-( thereIs an i'pendin* threat to a prospective e4traditeeIs libert- as earl- as durin* the evaluation sta*e. Because of such conse8uences( the evaluation process is a"in to an ad'inistrative a*enc- conductin* an investi*ative proceedin*( the conse8uences of which are essentiall- cri'inal since such technical assess'ent sets off or co''ences the procedure for M ulti'atel- the deprivation of libert- of a prospective e4tradite. #n essence( therefore( the evaluation process parta"es of the nature of a cri'inal investi*ation. There are certain constitutional ri*hts that are ordinaril- available onl- in cri'inal prosecution. But the Court has ruled in other cases that where the investi*ation of an ad'inistrative proceedin* 'a- result in forfeiture of life( libert-( or propert-( the ad'inistrative proceedin*s are dee'ed cri'inal or penal( M such forfeiture parta"es the nature of a penalt-. #n the case at bar( si'ilar to a preli'inar- investi*ation( the evaluation sta*e of the e4tradition proceedin*s which 'a- result in the filin* of an infor'ation a*ainst the respondent( can possibl- lead to his arrest( M to the deprivation of his libert-. Thus( the e4traditee 'ust be accorded due process ri*hts of notice M hearin* accordin* to &< U01(0! M (2!( as well as &< U%Tthe ri*ht of the people to infor'ation on 'atters of public concern M the corollar- ri*ht to access to official records M docu'ents The court held that the evaluation process parta"es of the nature of a cri'inal investi*ation( havin* conse8uences which will result in deprivation of libert- of the prospective e4tradite. & favorable action in an e4tradition re8uest e4poses a person to eventual e4tradition to a forei*n countr-( thus e4hibitin* the penal aspect of the process. The evaluation process itself is li"e a preli'inar- investi*ation since both procedures 'a- have the sa'e result P the arrest and i'prison'ent of the respondent. The basic ri*hts of notice M hearin* are applicable in cri'inal( civil M ad'inistrative proceedin*s. Non-observance of these ri*hts will invalidate the proceedin*s. #ndividuals are entitled to be notified of an- pendin* case affectin* their interests( M upon notice( 'a- clai' the ri*ht to appear therein M present their side. Ri*hts to notice and hearin*9 2ispensable in < cases9 a. 6hen there is an ur*ent need for i''ediate action (preventive suspension in ad'inistrative char*es( padloc"in* filth- restaurants( cancellation of passport!. b. 6here there is tentativeness of ad'inistrative action( M the respondent isnIt prevented fro' en+o-in* the ri*ht to notice M hearin* at a later ti'e (su''ar- distraint M lev- of the propert- of a delin8uent ta4pa-er( replace'ent of an appointee! c. Twin ri*hts have been offered( but the ri*ht to e4ercise the' had not been clai'ed. 2. 67N this entitle'ent constitutes a breach of the le*al co''it'ents and obli*ation of the Philippine ;overn'ent under the RP-C/ Treat-V No. The C./. and the Philippines share 'utual concern about the suppression and punish'ent of cri'e in their respective +urisdictions. Both states accord co''on due process protection to their respective citiens. The ad'inistrative investi*ation doesnIt fall under the three e4ceptions to the due process of notice and hearin* in the /ec. < Rules 002 of the Rules of Court. <. 67N thereIs an- conflict between private respondentIs basic due process ri*hts M provisions of RP-C/ @4tradition treat- No. 2octrine of incorporation under international law( as applied in 'ost countries( decrees that rules of international law are *iven e8ual standin* with( but are not superior to national le*islative acts. Treat- can repeal statute and statute can repeal treat-. No conflict. Aeil of secrec- is lifted durin* trial. Re8uest should i'pose veil at an- sta*e. Fud*'ent9 Petition dis'issed for lac" of 'erit. Oapunan( separate concurrin* opinion9 6hile the evaluation process conducted b- the 27F is not e4actl- a preli'inar- investi*ation of cri'inal cases( it is a"in to a preli'inar- investi*ation because it involves the basic constitutional ri*hts of the person sou*ht to be e4tradited. & person ordered e4tradited is arrested( forcibl- ta"en fro' his house( separated fro' his fa'il- and delivered to a forei*n state. ?is ri*hts of abode( to privac-( libert- and pursuit of happiness are ta"en awa- fro' hi'Ta fate as harsh and cruel as a conviction of a cri'inal offense. .or this reason( he is entitled to have access to the evidence a*ainst hi' and the ri*ht to controvert the'. Puno( dissentin*9 Case at bar does not involve *uilt or innocence of an accused but the interpretation of an e4tradition treat- where at sta"e is our *overn'entIs international obli*ation to surrender to a forei*n state a citien of its own so he can be tried for an alle*ed offense co''itted within that +urisdiction. Pan*aniban( dissentin*9 #nstant petition refers onl- to the evaluation sta*e. P$el%"%'a$2 I'1uct%/' B&#,#N&N; M&R7?7MB/&R A/. FC2;@ /&NT7/ &2#7N; ;.R. No. RTF-$2-0G%1. Fanuar- 22( 2$$1 .acts9 Co'plainant Maroho'bsar was the defendant in the civil case for in+unction. The case was filed b- Bas'ira Pan*adapun 8uestionin* the le*alit- of Maroho'bsarIs appoint'ent as Provincial /ocial 6elfare 7fficer of the 2/62-&RMM. Prior to his appoint'ent( Pan*adapun used to occup- said position. Cpon the filin* of the said co'plaint( respondent +ud*e issued a TR7 and set the hearin* on the application for the issuance of the preli'inar- in+unction. /u''ons( to*ether with a cop- of the co'plaint and a notice( was also served on both parties. Maroho'bsar filed an e4 parte ur*ent 'otion to dissolve the TR7. Pan*adapun was *iven the ti'e to co''ent. Respondent +ud*e issued an order statin* that a preli'inar- conference had been held and that both parties had waived the raffle of the case and reset the hearin* on the application for the issuance of a writ of in+unction. The +ud*e *ave another ti'e to file her co''ent a*ain. 2urin* the hearin* on the application for the issuance of a writ of preli'inar- in+unction( none of the law-ers appeared. ?ence( respondent +ud*e considered it sub'itted for resolution and issued the preli'inar- in+unction. ?ence( this co'plaint for *ross i*norance of law( abuse of discretion and conduct unbeco'in* a +ud*e. #ssues9 0! 6hether or not TR7 e4 parte is allowed in the instant case. 2! 6hether or not trial-t-pe hearin* is essential to due process. <! 6hether or not respondent +ud*e erred in orderin* the issuance of the writ of preli'inar- in+unction. ?eld9 0! & TR7 is *enerall- *ranted without notice to the opposite part- and is intended onl- as a restraint on hi' until the propriet- of *rantin* a te'porar- in+unction can be deter'ined. #t *oes no further than to preserve the status 8uo until that deter'ination. Respondent +ud*e was +ustified in issuin* the TR7 e4 parte due to his assess'ent of the ur*enc- of the relief sou*ht. 2! #n applications for preli'inar- in+unction( the dual re8uire'ent of prior notice and hearin* before in+unction 'a- issue has been rela4ed to the point that not all petitions for preli'inar- in+unction need under*o a trial-t-pe hearin*( it bein* doctrinal that a for'al or trial-t-pe hearin* is not( at all ti'es and in all instances( essential to due process. The essence of due process is that a part- is afforded a reasonable opportunit- to be heard and to present an- evidence he 'a- have in support of his defense. #t is a rule that a part- cannot clai' that he has been denied due process when he was *iven the opportunit- to present his position. <! &s a 'atter of public polic-( the acts of a +ud*e in his official capacit- are not sub+ect to disciplinar- action even thou*h such acts are erroneous( provided he acts in *ood faith and without 'alice. Respondent +ud*e( or an- other 'e'ber of the bench for that 'atter( is presu'ed to have acted re*ularl- and in the 'anner that preserves the ideal of the cold neutralit- of an i'partial +ud*e i'plicit in the *uarantee of due process. ADMINISTRATIVE PROCEEDIN!S DE BISSCHOP VS !ALAN! W 2e Bisschop was allowed to sta- as a pre-arran*ed e'plo-ee: when he applied for e4tension of sta- it was denied due to reports that the co'pan- he is wor"in* for is used as a *a'blin* front and that he has evaded pa-'ent of ta4es: he re8uested for a cop- of the adverse decision of the Bureau and was advised that no for'al decision( order or resolution is pro'ul*ated b- the Board. W Phil #''i* &ct is silent as to procedure to be followed in 'atters of petition for e4tension ?@NC@ courts have no +urisdiction to review purel- ad'in practice of i''i* authorities because of PR&CT#C&B#,#TB M @DP@2#@NCB( of not *rantin* for'al hearin*s. W 2ue process clause is not violated since a da- in court is not a 'atter of ri*ht in ad'in proceedin*s. W Nothin* in the law that decisions of BoC for e4tension of sta- of aliens be in writin*. W =2ecisionH in /ec. ) refers to nu'ber of votes necessar- to constitute decision of the Board. W Cse of habeas corpus to test the le*alit- of an alienIs confine'ent M proposed e4pulsion fro' the Phils will bar the issuance of a writ of prohibition.
C89: De B%ssc-/# *s( !ala'. !R L+9;<=> <9 Ma2 9?=<@ E' Ba'c Re2es JBL AJB FACTS: Petitioner-appellee ;eor*e de Bisschop( an &'erican citien( was allowed to sta- in this countr- for three -ears( e4pirin* 0 &u*ust 0555( as the prearran*ed e'plo-ee of the Biss'a* Production( #nc.( of which he is president and *eneral 'ana*er. ?e applied for e4tension of sta- with the Bureau of #''i*ration( in a letter dated 0$ Ful- 0555. #n view( however( of confidential and da'a*in* reports of #''i*ration 7fficer Ben+a'in de Mesa to the effect that the Biss'a* Production( #nc.( is 'ore of a *a'blin* front than the enterprise for pro'otion of local and i'ported shows that it purports to be( and that de Bisschop is suspect of havin* evaded pa-'ent of his inco'e ta4( the Co''issioner of #''i*ration advised hi' that his application for e4tension of sta- as a prearran*ed e'plo-ee has been denied b- the Board of Co''issioners( and that he should depart within 5 da-s. To forestall his arrest and the filin* of the correspondin* deportation proceedin*s( de Bisschop filed the present case on 0) /epte'ber 0555. Pendin* resolution of the 'ain case for prohibition( a writ of preli'inar- in+unction was issued e1(parte b- the court a 2uo on the sa'e da- orderin* herein respondent-appellant to desist fro' arrestin* and detainin* petitioner- appellee unless and until proper and le*al proceedin*s are conducted b- the Board of Co''issioners of the Bureau of #''i*ration in connection with the &pplication for e4tension of sta- filed b- petitioner with said Board. &ppellant Co''issioner raises two 'ain issues9 That the lower court erred (a! in holdin* that the Co''issioners of #''i*ration are re8uired b- law to conduct for'al hearin*s on all applications for e4tension of sta- of aliens( and (b! in rulin* that said Co''issioners are en+oined to pro'ul*ate written decisions in such cases. ISSUE: 6hether the ri*ht to a notice and hearin* in certain ad'inistrative proceedin*s is essential to due processV HELD: No. The ad'inistration of i''i*ration laws is the pri'ar- and e4clusive responsibilit- of the @4ecutive branch of the *overn'ent. @4tension of sta- of aliens is purel- discretionar- on the part of the i''i*ration authorities. /ince Co''onwealth &ct No. G0<( otherwise "nown as the Philippine #''i*ration &ct of 051$( is silent as to the procedure to be followed in these cases( we are inclined to uphold the ar*u'ent that courts have no +urisdiction to review the purel- ad'inistrative practice of i''i*ration authorities of not *rantin* for'al hearin*s in certain cases as the circu'stances 'a- warrant( for reasons of practicabilit- and e4pedienc-. This would not violate the due process clause if we ta"e into account that( in this particular case( the letter of appellant- co''issioner advisin* de Bisschop to depart in 5 da-s is a 'ere for'alit-( a preli'inar- step( and( therefore( far fro' final( because( as alle*ed in para*raph % of appellant3s answer to the co'plaint( the >re8uire'ent to leave before the start of the deportation proceedin*s is onl- an advice to the part- that unless he departs voluntaril-( the /tate will be co'pelled to ta"e steps for his e4pulsion>. #n Corne+o vs. ;abriel and Provincial Board of Rial( it was held that a da- in court is not a 'atter of ri*ht in ad'inistrative proceedin*s. The fact should not be lost si*ht of that we are dealin* with an ad'inistrative proceedin* and not with a +udicial proceedin*. &s Fud*e Coole-( the leadin* &'erican writer on Constitutional ,aw( has well said( due process of law is not necessaril- +udicial process: 'uch of the process b- 'eans of which the ;overn'ent is carried on( and the order of societ- 'aintained( is purel- e4ecutive or ad'inistrative( which is as 'uch due process of law( as is +udicial process. 6hile a da- in court is a 'atter of ri*ht in +udicial proceedin*s( in ad'inistrative proceedin*s( it is otherwise since the- rest upon different principles. . . . #n certain proceedin*s( therefore( of all ad'inistrative character( it 'a- be stated( without fear of contradiction( that the ri*ht to a notice and hearin* are not essential to due process of law. SUNTAY VS PEOPLE OF THE PHILIPPINES acts9 Case is a petition for certoriari to annul the order of the C.# of Nueon Cit- directin* the NB# andthe 2.& to ta"e the proper steps in order that accused /unta-( alle*edl- in the C/( be brou*ht bac" to the Philippines( so that he 'a- be dealt with in accordance with law: and of prohibition toen+oin the 2.& /ecretar- fro' cancelin* the petitionerIs passport without previous hearin* 7n 2G Fune 0551( 2r. &ntonio Nubla( father of &licia Nubla( a 'inor of 0G -ears( filed a verifiedco'plaint a*ainst @'ilio /unta- in the 7ffice of the Cit- &ttorne- of Nueon Cit-( alle*in* thaton Fune 20( 0551( the accused too" &licia Nubla( with lewd desi*n( so'ewhere near the CPco'pound in 2ili'an and had carnal "nowled*e of her( and &licia bein* a 'inor of 0G -ears old 7n 2ec. 05( 0551( after investi*ation( &sst Cit- &tt- reco''ended to the Cit- &ttorne- of Nueon Cit- that the co'plaint be dis'issed for lac" of 'erit. 7n 2< 2ece'ber 0551 attorne- for the co'plainant addressed a letter to the Cit- &ttorne- of Nueon Cit- wherein he too" e4ceptionto the reco''endation of the &ssistant Cit- &ttorne- referred to and ur*ed that a co'plaint for seduction be filed a*ainst the herein petitioner. 7n 0$ Fanuar- 0555 the petitioner applied for and was *ranted a passport b- the 2epart'ent of .orei*n &ffairs 7n 2$ Fanuar- 0555 the petitioner left the Philippines for /an .rancisco( California( C./.&.( wherehe is at present enrolled in school. 7n <0 Fanuar- 0555 the offended *irl subscribed and swore to aco'plaint char*in* the petitioner with seduction which was filed in the Court of .irst #nstance of Nueon Cit- after preli'inar- investi*ation had been conducted 7n 5 .ebruar- 0555 the private prosecutor filed a 'otion pra-in* the Court to issue an order >directin* such *overn'ent a*encies as 'a- be concerned( particularl- the National Bureau of #nvesti*ation and the 2epart'ent of .orei*n &ffairs( for the purpose of havin* the accused brou*ht bac" to the Philippines so that he 'a- be dealt with in accordance with law.> 7n 0$ .ebruar- 0555 the Court *ranted the 'otion (@4hibit 2!. 7n % March 0555 the respondent/ecretar- cabled the &'bassador to the Cnited /tates instructin* hi' to order the Consul ;eneralin /an .rancisco to cancel the passport issued to the petitioner and to co'pel hi' to return to thePhilippines to answer the cri'inal char*es a*ainst hi'. ?owever( this order was not i'ple'ented or carried out in view of the co''ence'ent of the proceedin* in order that the issues raised 'a- be +udiciall- resolved. 7n 5 Ful- 0555 counsel for the petitioner wrote to the respondent /ecretar- re8uestin* that the action ta"en b- hi' bereconsidered( and filed in the cri'inal case a 'otion pra-in* that the respondent Court reconsider its order of 0$ .ebruar- 0555. 7n % Ful- 0555 the respondent /ecretar- denied counsel3s re8uestand on 05 Ful- 0555 the Court denied the 'otion for reconsideration. ?ence this petition.PetitionerIs Clai'9 while the /ecretar- for .orei*n &ffairs has discretion in the cancellation of passports( >suchdiscretion cannot be e4ercised until after hearin*(> because the ri*ht to travel or sta- abroad is a personal libert- within the 'eanin* and protection of the Constitution and hence he cannot bedeprived of such libert- without due process of law.#ssue9 67N the cancellation of passport re8uires prior hearin* Rulin*9The petitioner3s contention cannot be sustained. The petitioner is char*ed with seduction. &nd the order of the respondent Court directin* the 2epart'ent of .orei*n &ffairs >to ta"e proper steps in order that theaccused . . . 'a- be brou*ht bac" to the Philippines( so that he 'a- be dealt with in accordance with law(>is not be-ond or in e4cess of its +urisdiction. the respondent Court did not specif- what step the respondent/ecretar- 'ust ta"e to co'pel the petitioner to return to the Philippines to answer the cri'inal char*e preferred a*ainst hi'. True( the discretion *ranted( to the /ecretar- for .orei*n &ffairs to withdraw or cancel a passport alread- issued 'a- not be e4ercised at whi'. But here the petitioner was hailed to Courtto answer a cri'inal char*e for seduction and althou*h at first all &ssistant Cit- &ttorne- reco''ended thedis'issal of the co'plaint previousl- subscribed and sworn to b- the father of the offended *irl( -et the petitioner "new that no final action had been ta"en b- the Cit- &ttorne- of Nueon Cit- as the case wasstill under stud-. &nd as the /olicitor ;eneral puts it( >?is suddenl- leavin* the countr- in such aconvenient ti'e( can reasonabl- be interpreted to 'ean as a deliberate atte'ption his part to flee fro' +ustice( and( therefore( he cannot now be heard to co'plain if the stron* ar' of the law should +oin to*ether to brin* hi' bac" to +ustice.> #n issuin* the order in 8uestion( the respondent /ecretar- was convinced thata 'iscarria*e of +ustice would result b- his inaction and as he issued it in the e4ercise of his sounddiscretion( he cannot be en+oined fro' carr-in* it out.?earin* would have been proper and necessar- if the reason for the withdrawal or cancellation of the passport were not clear but doubtful. But where the holder of a passport is facin* a cri'inal a char*e in our courts and left the countr- to evade cri'inal prosecution( the /ecretar- for .orei*n &ffairs( in the e4erciseof his discretion to revo"e a passport alread- issued( cannot be held to have acted whi'sicall- or capriciousl- in withdrawin* and cancellin* such passport. 2ue process does not necessaril- 'ean or re8uire a hearin*. 6hen discretion is e4ercised b- an officer vested with it upon an undisputed fact( such asthe filin* of a serious cri'inal char*e a*ainst the passport holder( hearin* 'a-be dispensed with b- suchofficer as a prere8uisite to the cancellation of his passport: lac" of such hearin* does not violate the due process of law clause of the Constitution: and the e4ercise of the discretion vested in hi' cannot be dee'edwhi'sical and capricious of because of the absence of such hearin*. #f hearin* should alwa-s be held inorder to co'pl- with the due process of clause of the Constitution( then a writ of preli'inar- in+unctionissued e4 parte would be violative of the said clause.The petition is denied( with costs a*ainst the petitioner #-%l%##%'es c/""u'%cat%/'s satell%te c/$#/$at%/' *s alcua4 B- virtue of R& 5501( Philippine Co''unications /atellite Corporation was *ranted =a franchise to establish( construct( 'aintain and operate in the Philippines( at such places as the *rantee 'a- select( station or stations and associated e8uip'ent and facilities for international satellite co''unications.H Cnder this franchise( it was li"ewise *ranted the authorit- to =construct and operate such *round facilities as needed to deliver teleco''unications services fro' the co''unications satellite s-ste' and *round ter'inal or ter'inals.H Cnder /ec 5 of the sa'e law( PhilCo'/at was e4e'pt fro' the +urisdiction( control and re*ulation of the Public /ervice Co''ission later "nown as the National Teleco''unications Co''ission. ?owever( @7 05G was later proclai'ed and the sa'e has placed PhilCo'/at under the +urisdiction of NTC. Conse8uentl-( PhilCo'/at has to ac8uire per'it to operate fro' NTC in order to continue operatin* its e4istin* satellites. NTC *ave the necessar- per'it but it however directed PhilCo'/at to reduce its current rates b- 05Q. NTC based its power to fi4 the rates on @7 51G. PhilCo'/at assailed the said directive and holds that the enablin* act (@7 51G! of respondent NTC e'powerin* it to fi4 rates for public service co''unications does not provide the necessar- standards constitutionall- re8uired hence there is an undue dele*ation of le*islative power( particularl- the ad+udicator- powers of NTC. PhilCo'/at asserts that nowhere in the provisions of @7 51G( providin* for the creation of respondent NTC and *rantin* its rate-fi4in* powers( nor of @7 05G( placin* petitioner under the +urisdiction of respondent NTC( can it be inferred that respondent NTC is *uided b- an- standard in the e4ercise of its rate-fi4in* and ad+udicator- powers. PhilCo'/at subse8uentl- clarified its said sub'ission to 'ean that the order 'andatin* a reduction of certain rates is undue dele*ation not of le*islative but of 8uasi-+udicial power to respondent NTC( the e4ercise of which alle*edl- re8uires an e4press confer'ent b- the le*islative bod-. ISSUE: 6hether or not there is an undue dele*ation of power. HELD: .unda'ental is the rule that dele*ation of le*islative power 'a- be sustained onl- upon the *round that so'e standard for its e4ercise is provided and that the le*islature in 'a"in* the dele*ation has prescribed the 'anner of the e4ercise of the dele*ated power. Therefore( when the ad'inistrative a*enc- concerned( NTC in this case( establishes a rate( its act 'ust both be non-confiscator- and 'ust have been established in the 'anner prescribed b- the le*islature: otherwise( in the absence of a fi4ed standard( the dele*ation of power beco'es unconstitutional. #n case of a dele*ation of rate-fi4in* power( the onl- standard which the le*islature is re8uired to prescribe for the *uidance of the ad'inistrative authorit- is that the rate be reasonable and +ust. ?owever( it has been held that even in the absence of an e4press re8uire'ent as to reasonableness( this standard 'a- be i'plied. #n the case at bar( the fi4ed rate is found to be of 'erit and reasonable. a'. t%&a2 *s c/u$t /0 %'dust$%al $elat%/'s Facts: There was a*ree'ent between &n* Tiba- and the National ,abor Cnion( #nc (N,C!. The N,C alle*ed that the supposed lac" of leather 'aterial clai'ed b- Toribio Teodoro was but a sche'e adopted to s-ste'aticall- dischar*e all the 'e'bers of the N,C( fro' wor". &nd this aver'ent is desired to be proved b- the petitioner with the records of the Bureau of Custo's and Boo"s of &ccounts of native dealers in leather. That National6or"er3s Brotherhood Cnion of &n* Tiba- is a co'pan- or e'plo-er union do'inated b- Toribio Teodoro( which was alle*ed b- the N,C as an ille*al one. The C#R( decided the case and elevated it to the /upre'e Court( but a 'otion for new trial was raised b- the N,C. But the &n* Tiba- filed a 'otion for opposin* the said 'otion. Issue: 6hether or Not( the 'otion for new trial is 'eritorious to be *ranted. Held: To be*in with the issue before us is to realie the functions of the C#R. The C#R is a special court whose functions are specificall- stated in the law of its creation which is the Co''onwealth &ct No. 0$<!. #t is 'ore an ad'inistrative board than a part of the inte*rated +udicial s-ste' of the nation. #t is not intended to be a 'ere receptive or*an of the*overn'ent. Cnli"e a court of +ustice which is essentiall- passive( actin* onl- when its +urisdiction is invo"ed and decidin* onl- cases that are presented to it b- the parties liti*ant( the function of the C#R( as will appear fro' perusal of its or*anic law is 'ore active( affir'ative and d-na'ic. #t not onl- e4ercises +udicial or 8uasi-+udicial functions in the deter'ination of disputes between e'plo-ers and e'plo-ees but its functions are far 'ore co'prehensive and e4tensive. #t has +urisdiction over the entire Philippines( to consider( investi*ate( decide( and settle an- 8uestion( 'atter controvers- or disputes arisin* between( andL or affectin* e'plo-ers and e'plo-ees or laborers( and landlords and tenants or far'- laborers( and re*ulates the relations between the'( sub+ect to( and in accordance with( the provisions of C& 0$<. &s laid down in the case of ;oseco v. C#R( the /C had the occasion to point out that the C#R is not narrowl- constrained b- technical rules of procedure( and e8uit- and substantial 'eritsof the case( without re*ard to technicalities or le*al for's and shall not be bound b- an- technical rules of le*al evidence but 'a- infor' its 'ind in such 'anner as it 'a- dee' +ust and e8uitable. The fact( however( that the C#R 'a- be said to be free fro' ri*idit- of certain procedural re8uire'ents does not 'ean that it can in +usticiable cases co'in* before it( entirel- i*nore or disre*ard the funda'ental and essential re8uire'ents of due process in trials and investi*ations of an ad'inistrative character. There cardinal pri'ar- ri*hts which 'ust be respected even in proceedin*s of this character9 (0! the ri*ht to a hearin*( which includes the ri*ht to present one3s cause and sub'it evidence in support thereof: (2! The tribunal 'ust consider the evidence presented: (<! The decision 'ust have so'ethin* to support itself: (1! The evidence 'ust be substantial: (5! The decision 'ust be based on the evidence presented at the hearin*: or at least contained in the record and disclosed to the parties affected: (G! The tribunal or bod- or an- of its +ud*es 'ust act on its own independent consideration of the law and facts of the controvers-( and not si'pl- accept the views of a subordinate: (%! The Board or bod- should( in all controversial 8uestions( render its decision in such 'anner that the parties to the proceedin* can "now the various #ssue involved( and the reason for the decision rendered. The failure to *rasp the funda'ental issue involved is not entirel- attributable to the parties adversel- affected b- the result. &ccordin*l-( the 'otion for a new trial should be( and the sa'e is hereb- *ranted( and the entire record of this case shall be re'anded to the C#R( withinstruction that it reopen the case receive all such evidence as 'a- be relevant( and otherwise proceed in accordance with the re8uire'ents set forth. /o ordered. "/'te"a2/$ *s a$a'eta u'%*e$s%t2 0/u'dat%/' 3% Petitioner was a professor at the Araneta 4niversity 3oundation. 5n 678769, he was found guilty of ma-ing homose1ual advances on one #eonardo :e #ara by a faculty investating committee. 5n ;;78769, another committee was appointed to investigate another charge of a similar nature against petitioner. Petitioner, through cousel, as-ed for the postponement of the hearing set for ;;7;8 and ;<, ;<69, but the w7c motion was denied. *he committe then proceeded to hear the testimony of the complainants and on ;=7>769, submitted its report recommending the separation of petitioner from the 4niversity. 5n ;=7;=769, the 4niversity applied w7 the "#$C for clearance to terminate petitioner????s employment. Meanwhile, petitioner filed a complaint w7 the "#$C for reinstatement and bac-wages. Judgement was rendered in petitioner????s favor, but on appeal to the !ec. of #abor, the latter found petitioner????s dismissal to be justified. @ence, this petition for certiorari. ?@,29 The Consti. assures to wor"ers securit- of tenure. #n the case of petitioner( this *uarantee is reinforced b- the provision on acade'ic freedo'. #n den-in* petitioner3333s 'otion for postpone'ent of the hearin*( the co''ittee did not accord procedural due process to the petitioner. This was( however( re'edied at the 'ediation conference called at the 2ept. of ,abor durin* wLc petitioner was heard on his evidence. There he was *iven the fullest opportunit- to present his case. Petition dis'issed. Petitioner filed a M.R contendin* that the hearin* in the N,RC did not confor' to ther re8uire'ents of due process as the witnesses a*ainst petitioner were not called so that petitioner could cross- e4a'ine the'. Xother facts9 Petitioner was a professor at the &raneta Cniversit- .oundation. 7n %L)L%1( he was found *uilt- of 'a"in* ho'ose4ual advances on one ,eonardo 2e ,ara b- a facult- investi*atin* co''ittee. 7n 00L)L%1( another co''ittee was appointed to investi*ate another char*e of a si'ilar nature a*ainst petitioner. Petitioner( throu*h counsel( as"ed for the postpone'ent of the hearin* set for 00L0) and 05( 05%1( but the 'otion was denied. The co''ittee then proceeded to hear the testi'on- of the co'plainants and on 02L5L%1( sub'itted its report reco''endin* the separation of petitioner fro' the Cniversit-. 7n 02L02L%1( the Cniversit- applied wL the N,RC for clearance to ter'inate petitioner3s e'plo-'ent. Meanwhile( petitioner filed a co'plaint wL the N,RC for reinstate'ent and bac"wa*es. Fud*e'ent was rendered in petitioner3s favor( but on appeal to the /ec. of ,abor( the latter found petitioner3s dis'issal to be +ustified. ?ence( this petition for certiorari. #//C@9 2oes acade'ic freedo' include the ri*ht of schools to dis'iss teachersV RC,#N;9 Bes. #nstitutional acade'ic freedo' was vindicated in this case( where( a*ainst the plea of acade'ic freedo' and securit- of tenure of a professor( the school was allowed to separate a professor who after due process had been found *uilt- of violatin* behavioral standards. The stand ta"en b- petitioner as to his bein* entitled to securit- of tenure is reinforced b- the provision on acade'ic freedo' which( as noted( is found in the Constitution. #t was pointed out in ;arcia v. The .acult- &d'ission( Co''ittee that acade'ic freedo' >is 'ore often #dentified with the ri*ht of a facult- 'e'ber to pursue his studies in his particular specialt- and thereafter to 'a"e "nown or publish the result of his endeavors without fear that retribution would be visited on hi' in the event that his conclusions are found distasteful or ob+ectionable to the powers that be( whether in the political( econo'ic( or acade'ic establish'ents. .or the sociolo*ist( Robert Maclver( it is 3a ri*ht clai'ed b- the accredited educator( as teacher and as investi*ator( to interpret his findin*s and to co''unicate his conclusions without bein* sub+ected to an- interference( 'olestation( or penaliation because these conclusions are unacceptable to so'e constituted authorit- within or be-ond the institution.H Tenure( accordin* to hi'( is of the essence of such freedo'. .or hi'( without tenure that assures a facult- 'e'ber >a*ainst dis'issal or professional penaliation on *rounds other than professional inco'petence or conduct that in the +ud*'ent of his collea*ues renders hi' unfit> for 'e'bership in the facult-( the acade'ic ri*ht beco'es non-e4istent( /ecurit- of tenure( for another scholar( ,ove +o-( is >the chief practical re8uisite for acade'ic freedo'> of a universit- professor. &s with Maclver( he did not rule out re'oval but onl- >for so'e *rave cause(> #dentified b- hi' as >proved inco'petence or 'oral delin8uenc-.> alcua4 *s #-%l%##%'e sc-//l /0 &us%'ess ad"%'%st$at%/' 5d%.est,,,6 7n Ma- 2( 05))( this Court throu*h its /econd 2ivision rendered a 2ecision in the instant case which prodded the #ntervenor Cnion (hereinafter referred to as the Cnion! to file a 'otion for reconsideration. #ts ar*u'ent hin*es on the pronounce'ent that T 4 4 4. ,i"ewise( it is provided in the Manual( that the >written contracts> re8uired for colle*e teachers are for one se'ester. #t is thus evident that after the close of the first se'ester( the P/B&-NC no lon*er has an- e4istin* contract either with the students or with intervenin* teachers. /uch bein* the case( char*e of denial of due process is untenable. #t is ti'e-honored principle that contracts are respected as the law between the contractin* parties. 4 4 4 (p. 02( 2ecision( italics supplied!.(p. )%1-)%5( Rollo! with the alle*edl- inevitable conse8uence of e4tenuatin* the pernicious practice of 'ana*e'ent to arbitraril- and wantonl- ter'inate teachers si'pl- because their contracts of e'plo-'ent have alread- lapsed. The 'otion li"ewise points out the fact that two of the facult- 'e'bers( na'el- Mr. &sser (Bon*! Ta'a-o( and Mr. Rene @ncarnacion( supposedl- found *uilt- b- the #nvesti*atin* Co''ittee headed b- Mr. &ntonio M. Ma*talas (p. <12( Rollo!( had been issued per'anent appoint'ents (not 'ere te'porar- contracts! b- no less than the President of the /chool hi'self. The appoint'ent of Mr. &sser (Bon*! Ta'a-o dated &u*ust 5( 05)G (p. ))%( Rollo! can attest to this clai'. #t is on the basis of the fore*oin* that 6e hereb- a'end 7ur previous state'ents on the 'atter. #n a recent 2ecision( 9 this Court had the opportunit- to 8uite e'phaticall- enunciate the precept that full-ti'e teachers who have rendered three (<! -ears of satisfactor- service shall be considered per'anent (par. %5 of the Manual of Re*ulations for Private /chools!. Thus( havin* attained a per'anent status( the- cannot be re'oved fro' office e4cept for +ust cause and after due process. Now appl-in* the sa'e principle in the case at bar( Mr. &sser (Bon*! Ta'a-o havin* sta-ed in the Philippine /chool of Business &d'inistration( Nueon Cit- Branch (P/B&( for brevit-! for three and one-half (< 0L2! -ears (in a full- ti'e capacit-! 'a- be dee'ed a per'anent facult- 'e'ber provided( of course( the services rendered have been satisfactor- to the school. ?owever( because the investi*ation showed that Mr. Ta'a-o had participated in the unlawful de'onstration( his services cannot be dee'ed satisfactor-. #n the case of Mr. Rene @ncarnacion( and Mr. /everino Cortes( Fr. who tau*ht in P/B& for two and one-half (2 0L2! -ears and one and one-half (0 0L2! -ears respectivel-( to the' a per'anent status cannot be accorded for failure to 'eet the 'ini'u' re8uire'ent of three (<! -ears set b- the afore'entioned Manual of Re*ulations. 7f e8ual i'portance( at this point( is the fact that the letter of appoint'ent had been e4tended onl- to Mr. Ta'a-o and not to Mr. @ncarnacion( neither to Mr. Cortes( Fr. 6?@R@.7R@( for the reasons adverted to hereinabove( the 'otion for reconsideration( e4cept insofar as 6e have 'ade the afore'entioned clarificator- state'ents about the tenure of full-ti'e teachers and professors( is hereb- 2@N#@2. #n conclusion( 6e wish to reiterate that while 6e value the ri*ht of students to co'plete their education in the school or universit- of their choice( and while 6e full- respect their ri*ht to resort to rallies and de'onstrations for the redress of their *rievances and as a part of their freedo' of speech and their ri*ht to asse'ble( still such rallies( de'onstrations( and asse'blies 'ust alwa-s be conducted peacefull-( and without resort to inti'idation( coercion( or violence. &cade'ic freedo' in all its for's( de'ands the full displa- of discipline. To hold otherwise would be to subvert freedo' into de*enerate license. '/' *s da"es Facts: Petitioners( students in private respondent Mabini Colle*es( #nc. in 2aet( Ca'arines Norte( were not allowed to re-enroll b- the school for the acade'ic -ear 05))-05)5 for leadin* or participatin* in student 'ass actions a*ainst the school in the precedin* se'ester. The sub+ect of the protests is not( however( 'ade clear in the pleadin*s. Petitioners filed a petition in the court see"in* their read'ission or re- enroll'ent to the school( but the trial court dis'issed the petition. The- now petition the court to reverse its rulin* in &lcua vs. P/B&0( which was also applied in the case. The court said that petitioners waived their privile*e to be ad'itted for re-enroll'ent with respondent colle*e when the- adopted( si*ned( and used its enroll'ent for' for the first se'ester of school -ear 05))-)5( which states that9 The Mabini Colle*e reserves the ri*ht to den- ad'ission ofstudents whose scholarship and attendance are unsatisfactor- and to re8uire withdrawal ofstudents whose conduct discredits the institution andLor whose activities undul- disrupts or interfere with the efficient operation of the colle*e. /tudents( therefore( are re8uired to behave in accord with the Mabini Colle*e code of conduct and discipline. Issue: 6hether or Not the studentsI ri*ht to freedo' of speech and asse'bl- infrin*ed. Held: Bes. The protection to the co*nate ri*hts of speech and asse'bl- *uaranteed b- theConstitution is si'ilarl- available to students is well-settled in our +urisdiction. ?owever there are li'itations. The per'issible li'itation on /tudent @4ercise of Constitutional Ri*hts withinthe school presupposes that conduct b- the student( in class or out of it( which for an- reason whether it ste's fro' ti'e( place( or t-pe of behavior should not 'ateriall- disrupt classwor" or 'ust not involve substantial disorder or invasion of the ri*hts of others