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Mayor Bayani Alonte vs Judge Maximo Savellano, NBI & People of the Philippines Due Process in Criminal Proceedings Waiver of Right to Due Process FACTS: Alonte was accused of raping JuvieLyn Punongbayan with accomplice Buenaventura Concepcion. It was alleged that Concepcion befriended Juvie and had later lured her into Alonetes house who was then the mayor of Bian, Laguna. The case was brought before RTC Bian. The counsel and the prosecutor later moved for a change of venue due to alleged intimidation. While the change of venue was pending, Juvie executed an affidavit of desistance. The prosecutor continued on with the case and the change of venue was done notwithstanding opposition from Alonte. The case was raffled to the Manila RTC under J Savellano. Savellano later found probable cause and had ordered the arrest of Alonte and Concepcion. Thereafter, the prosecution presented Juvie and had attested the voluntariness of her desistance the same being due to media pressure and that they would rather establish new life elsewhere. Case was then submitted for decision and Savellano sentenced both accused to reclusion perpetua. Savellano commented that Alonte waived his right to due process when he did not cross examine Juvie when clarificatory questions were raised about the details of the rape and on the voluntariness of her desistance. ISSUE: Whether or not Alonte has been denied criminal due process. HELD: The SC ruled that Savellano should inhibit himself from further deciding on the case due to animosity between him and the parties. There is no showing that Alonte waived his right. The standard of waiver requires that it not only must be voluntary, but must be knowing, intelligent, and done with sufficient awareness of the relevant circumstances and likely consequences. Mere silence of the holder of the right should not be so construed as a waiver of right, and the courts must indulge every reasonable presumption against waiver. Savellano has not shown impartiality by repeatedly not acting on numerous petitions filed by Alonte. The case is remanded to the lower court for retrial and the decision earlier promulgated is nullified. NOTES: Due process in criminal proceedings (a) that the court or tribunal trying the case is properly clothed with judicial power to hear and determine the matter before it; (b) that jurisdiction is lawfully acquired by it over the person of the accused; (c) that the accused is opportunity to be heard; and given an
(d) that judgment is rendered only upon lawful hearing. Section 3, Rule 119, of the Rules of Court Sec. 3. Order of trial. The trial shall proceed in the following order: (a) The prosecution shall present evidence to prove the charge and, in the proper case, the civil liability. (b) The accused may present evidence to prove his defense, and damages, if any, arising from the issuance of any provisional remedy in the case. (c) The parties may then respectively present rebutting evidence only, unless the court, in furtherance of justice, permits them to present additional evidence bearing upon the main issue. (d) Upon admission of the evidence, the case shall be deemed submitted for decision unless the court directs the parties to argue orally or to submit memoranda. (e) However, when the accused admits the act or omission charged in the complaint or information but interposes a
Issue: Whether the search of Aniags car that yielded the firarms which were to be returned to the House of Representatives within the purview of the exception as to the search of moving vehicles. Held: As a rule, a valid search must be authorized by a search warrant duly issued by an appropriate authority. However, this is not absolute. Aside from a search incident to a lawful arrest, a warrantless search had been upheld in cases of moving vehicles and the seizure of evidence in plain view, as well as the search conducted at police or military checkpoints which we declared are not illegal per se, and stressed that the warrantless search is not violative of the Constitution for as long as the vehicle is neither searched nor its occupants subjected to a body search, and the inspection of the vehicle is merely limited to a visual search. As there was no evidence to show that the policemen were impelled to do so because of a confidential report leading them to reasonably believe that certain motorists matching the description furnished by their informant were engaged in gunrunning, transporting firearms or in organizing special strike forces. Nor was there any indication from the package or behavior of Arellano that could have triggered the suspicion of the policemen. Absent such justifying circumstances specifically pointing to the culpability of Aniag and Arellano, the search could not be valid. The action then of the policemen unreasonably intruded into Aniags privacy and the security of his property, in violation of Sec. 2, Art. III, of the Constitution. Consequently, the firearms obtained in violation of Aniags right against warrantless search cannot be admitted for any purpose in any proceeding. PHILCOMSAT VS ANIAG. FACTS:
Due Process Admin Bodies CIR FACTS: Teodoro Toribio owns and operates Ang Tibay a leather company which supplies the Philippine Army. Due to alleged shortage of leather, Toribio caused the lay off of members of National Labor Union Inc. NLU averred that Toribios act is not valid as it is not within the CBA. That there are two labor unions in Ang Tibay; NLU and National Workers Brotherhood. That NWB is dominated by Toribio hence he favors it over NLU. That NLU wishes for a new trial as they were able to come up with new evidence/documents that they were not able to obtain before as they were inaccessible and they were not able to present it before in the CIR. ISSUE: Whether or not there has been a due process of law. HELD: The SC ruled that there should be a new trial in favor of NLU. The SC ruled that all administrative bodies cannot ignore or disregard the fundamental and essential requirements of due process. They are; (1) The right to a hearing which includes the right of the party interested or affected to present his own case and submit evidence in support thereof. (2) Not only must the party be given an opportunity to present his case and to adduce evidence tending to establish the rights which he asserts but the tribunal must consider the evidence presented. (3) While the duty to deliberate does not impose the obligation to decide right, it does imply a necessity which cannot be disregarded, namely, that of having