Astorga vs. People FACTS: Private offended parties Elpidio Simon, Moises de la Cruz et. Al.

were sent to the Island of aram, !estern Samar to "ondu"t intelli#en"e operations on possi$le ille#al lo##in# a"tivities. There the% met petitioner &enito Astor#a, the Ma%or of aram, who turned out to $e the owner of the $oats. A heated alter"ation ensued $etween petitioner and the E'( team. Petitioner "alled for reinfor"ements and, moments later, a $oat $earin# ten armed men, some wearin# fati#ues, arrived at the s"ene. The E'( team was then $rou#ht to petitioner)s house in aram, where the% had dinner and drin*s. The petitioner was a""used of ar$itrar% detention Sandi#an$a%an: enied. +uilt% of Ar$itrar% detentiio The private offended parties did not appear an%more in "ourt to testif%. This notwithstandin#, the Sandi#an$a%an "onvi"ted petitioner of the "rime of Ar$itrar% etention on the $asis of the testimonies of SP,- Capo.uian and SP,/ Cin"o, the poli"e es"orts of the E'( Team. The "ir"umstan"es $rou#ht out $% SP,- Capo.uian "reated a reasona$le dou$t as to whether petitioner detained the E'( Team a#ainst their "onsent. The events that transpired are, to $e sure, "apa$le to two interpretations. !hile it ma% support the proposition that the private offended parties were ta*en to petitioner)s house and prevented from leavin# until 0:11 a.m. the ne2t mornin#, it is e.uall% plausi$le Issue: whether or not astor#a is #uilt% ol ar$itrar% detention3 (45I'+: S.C: ',. Astor#a is not #uilt% o# ar$itrar% detention $e"ause of reasona$le dou$t. In all "riminal prose"utions, the a""used shall $e presumed inno"ent until the "ontrar% is proved. -6 7e is entitled to an a".uittal unless his #uilt is shown $e%ond reasona$le dou$t. Proof $e%ond reasona$le dou$t does not mean su"h a de#ree of proof as, e2"ludin# possi$ilit% of error, produ"es a$solute "ertaint%. Moral "ertaint% onl% is re.uired, or that de#ree of proof whi"h produ"es "onvi"tion in an unpre8udi"ed mind.-9 As held in several "ases, when the #uilt of the a""used has not $een proven with moral "ertaint%, the presumption of inno"en"e of the a""used must $e sustained and his e2oneration $e #ranted as a matter of ri#ht The determinative fa"tor in Ar$itrar% etention, in the a$sen"e of a"tual ph%si"al restraint, is fear. After a "areful review of the eviden"e on re"ord, we find no proof that petitioner instilled fear in the minds of the private offended parties. Ca%oo. :s. el Mundo

If respondent honestl% $elieves that "omplainant "ommitted violations of traffi" rules and re#ulations whi"h nearl% "aused the a""ident involvin# their respe"tive vehi"les, respondent 8ud#e should have "aused the filin# of the appropriate "riminal "har#es a#ainst "omplainant and left it at that. ,n the "ontrar%, respondent is not one to let the law run its own "ourse. This is a "lassi" "ase where respondent too* it upon himself to $e the a""user, prose"utor, 8ud#e and e2e"utioner at the same time to "ondemn "omplainant for his alle#ed wron#doin# without the $enefit of due pro"ess. !ithout even an opportunit% to air his side, "omplainant was un"eremoniousl% made to "hoose his own penalt%. The first "hoi"e #iven to "omplainant was to fa"e a "har#e of multiple attempted homi"ide.. #h. The se"ond alternative punishment offered to "omplainant to "hoose from involves his ver% means of livelihood < revo"ation of his driver=s li"ense. This is tantamount to e"onomi" death penalt% and 8ust as repulsive as the first alternative. Fa"ed with these #rim prospe"ts "omplainant voluntaril% su$mitted himself to the 8ail warden of the Indan# Muni"ipal ;ail for detention after e2e"utin# his >waiver of detention,> "omplainant felt that he had no other "hoi"e $ut to serve out the >penalt%> for"i$l% and ar$itraril% imposed upon him $% respondent. Issue: !hether or not el mundo is #uilt% of a$use of authorit%3 (ulin#: ?es. The 8ud#e was #uilt% of a$use of authorit%. As pu$li" servants, 8ud#es are appointed to the 8udi"iar% to serve as the visi$le representation of the law, and more importantl%, of 8usti"e. From them, the people draw their will and awareness to o$e% the law . If 8ud#es, who swore to o$e% and uphold the "onstitution, would "ondu"t themselves in the wa% that respondent did in wanton disre#ard and violation of the ri#hts of "omplainant, then the people, espe"iall% those with whom the% "ome in dire"t "onta"t, would lose all their respe"t and hi#h re#ard for the institution of the 8udi"iar% itself, not to mention, "ause the $rea*down of the moral fi$er on whi"h the 8udi"iar% is founded. The 8ud#e was dismissed.

Agbay vs. Dep . Ombudsman

Fa"ts: This is an administrative "omplaint filed $% Fernando (. Ca%ao with the ,ffi"e of the Court Administrator "har#in# respondent ;ud#e ;ustiniano A. el Mundo, MTC, Indan# Cavite with a$use of authorit%.

,n Septem$er B, -@@B, petitioner, to#ether with a "ertain Sherwin ;u#al$ot, was arrested and detained at the 5iloan Poli"e Station, Metro Ce$u for an alle#ed violation of (.A. B9-1, the >Spe"ial Prote"tion of Children A#ainst Child a$use, E2ploitation and is"rimination A"t.> 3 The followin# da%, or on Septem$er A, -@@B, a Complaint for violation of (.A. B9-1 was filed a#ainst petitioner and ;u#al$ot $efore the Bth Muni"ipal Cir"uit Trial Court of 5iloan, Metro Ce$u $% one ;oan +i"ara%a for and in $ehalf of her dau#hter +a%le 4. The "omplaint, insofar as pertinent, reads as follows

That on the Bth da% of Septem$er -@@B at Sitio &on$on, &r#%. Catarman, 5iloan, Metro Ce$u, Philippines and within the Preliminar% ;urisdi"tion of this 7onora$le Court, the a$oveCnamed a""used, did then and there, willfull%, feloniousl% and unlawfull%, "onspirin#, "onfederatin#, helpin# with one another, while a""used ;ASPE( A+&A? manipulatin# to fin#er the va#ina of +A?5E FATIMA AMI+A&5E +ICA?A(A, his "ompanion $lo"* the si#ht of the Private Complainant, Mrs. ;,A' A. +ICA?A(A, while on $oard a tri"%"le #oin# their destinations. 4pon initial investi#ation of the &#%, Captain of &#%. Catarman, a""used S7E(!I' ;4+A5&,T was released and a""used ;ASPE( A+&A? is presentl% detain 5iloan Poli"e Station ;ail. Medi"al Certifi"ate issued from on :i"ente Sotto Memorial Medi"al Center, Ce$u Cit% is hereto atta"hed. Septem$er -1, -@@B, "ounsel for petitioner wrote the Chief of Poli"e of 5iloan demandin# the immediate release of petitioner -0D -@@B, the Bth Muni"ipal Cir"uit Trial Court of 5iloan, Metro Ce$u issued an order, denominated as > etention urin# the Penden"% of the Case>, "ommittin# petitioner to the 8ail warden of Ce$u ,n Septem$er 09, -@@B, petitioner filed a "omplaint for dela% in the deliver% of detained persons a#ainst herein private respondents SP,E 'emesio 'atividad, ;r., SP,0 Eleazar M. Salomon and other unidentified poli"e offi"ers stationed at the 5iloan Poli"e Su$station, $efore the ,ffi"e of the eput% ,m$udsman for the :isa%as. MTC: !7E(EF,(E, findin# pro$a$le "ause for the "rime in :iolation of (epu$li" A"t B9-1, it is here$% re"ommended that an I'F,(MATI,' $e filed a#ainst the two aforenamed a""used Issue: wether or nort the is whether the filin# of the "omplaint with the Muni"ipal Trial Court "onstitutes to a >proper 8udi"ial authorit%> as "ontemplated $% Art. -06 of the (evised Penal Code SC: In the "ase at $ar, petitioner was arrested and detained at the 5iloan Poli"e Station on B Septem$er -@@B for an alle#ed violation of (.A. B9-1, spe"ifi"all% se"tion 6 F$G thereof 23. This "rime "arries a penalt% of reclusion temporal in its medium period to reclusion perpetua, an affli"tive penalt%. 4nder these "ir"umstan"es, a "riminal "omplaint or information should $e filed with the proper 8udi"ial authorities within thirt% si2 F/9G hours of his arrest. Petitioner "ontends that the a"t of private "omplainant in filin# the "omplaint $efore the MCTC was for purposes of preliminar% investi#ation as the MCTC has no 8urisdi"tion to tr% the offense. This a"t of private "omplainant petitioner ar#ues, was unne"essar%, a surplusa#e whi"h did not interrupt the period pres"ri$ed $% Art. -06 24 "onsiderin# that under the (ules it is the (e#ional Trial Court whi"h has 8urisdi"tion to tr% the "ase a#ainst him. As su"h, upon the lapse of the thirt%Csi2 hours #iven to the arrestin# offi"ers to effe"t his deliver% to the proper (e#ional Trial Court, private respondents were alread% #uilt% of violatin# Art. -06. Thus, petitioner ar#ues, when the ;ud#eC esi#nate of the Bth MCTC issued a Commitment ,rder on Septem$er -0, -@@B, he was a"tin# "ontrar% to law sin"e $% then there was no $asis for the "ontinued detention of petitioner. 25 Art. -06 of the (evised Penal Code is intended to prevent an% a$use resultin# from "onfinin# a person without informin# him of his offense and without permittin# him to #o on $ail 28. More spe"ifi"all%, it punishes pu$li" offi"ials or emplo%ees who shall detain an% person for some le#al #round and shall fail to deliver su"h person to the proper 8udi"ial authorities within the periods pres"ri$ed $% law. The "ontinued detention of the a""used $e"omes ille#al upon the e2piration

of the periods provided for $% Art. -06 without su"h detainee havin# $een delivered to the "orrespondin# 8udi"ial authorities 29. !7E(EF,(E, findin# no #rave a$use of dis"retion in the issuan"e of the assailed ;anuar% -@, -@@A (esolution and the April -/, -@@A ,rder of the ,ffi"e of the eput% ,m$udsman for the Militar%, the Court resolves to ISMISS the petition. 'o pronoun"ement as to "osts

People vs. Solin#an

Fa"ts: ,n Mar"h -9, -@@9, $usinessman Ale2ander SaldaHa went to &aran#a% 5a#uila%an, Isulan, Sultan Iudarat with Ameri"oB (e8uso,A ;r., Ervin Tormis, and :i"tor Cin"o to meet with a "ertain Ma"apa#al Silon#an alias Commander 5am$ada.@ The% arrived in the mornin# and were a$le to tal* to Ma"apa#al "on"ernin# the #old nu##ets that were purportedl% $ein# sold $% the latter.-1 urin# the meetin# Ma"apa#al told them that someone in his famil% has 8ust died and that he has to pi"* up an elder $rother in Cota$ato Cit%, hen"e, the% had $etter transa"t $usiness in the afternoon.-In the afternoon, Ale2ander=s #roup and Ma"apa#al, with a "ertain Tedd% Silon#an and another person named ,ten#-0 Silon#an, traveled to Cota$ato Cit% to fet"h Ma"apa#al=s $rother.-/ Afterwards, the #roup returned to Isulan on Ma"apa#al=s orders. At Isulan, Ma"apa#al #ave additional instru"tions to wait until dar* alle#edl% $e"ause the funeral arran#ements for his relative were not %et finished.-E !hen the #roup finall% #ot on their wa%, Ma"apa#al ordered the driver to drive slowl% towards the hi#hwa%.-6 ,ten# Silon#an and his $od%#uards ali#hted somewhere alon# the wa% Then around B:/1 p.m., as the% headed to the hi#hwa%, Ale2ander SaldaHa noti"ed that Ma"apa#al Silon#an was $us% tal*in# over his handCheld radio with someone. &ut $e"ause the "onversation was in the Ma#uindanaoan diale"t, he did not understand what was $ein# said. At A:/1 p.m., the% neared the hi#hwa%. Ma"apa#al ordered the driver to stop. Suddenl%, -6 armed men appeared. Ale2ander and his three "ompanions were ordered to #o out of the vehi"le, tied up, and $lindfolded. Ma"apa#al and Tedd% were also tied up and $lindfolded, $ut nothin# more was done to them.-9 Ale2ander identified the appellants ,ten# Silon#an, A*mad Awal,-B A$dila Silon#an alias 5on# Silon#an,-A and (oll% 5amalan as $elon#in# to the #roup that a$du"ted them.-@ 7e also pointed to an elder $rother of Ma"apa#al, alias Iedd%, alias !et, and an alias '#uni$ as also $elon#in# to the #roup.01 The four vi"tims were ta*en to a mountain hideout in Ma#ano%, Ma#uindanao, where a "ertain Sali* Iarem, 7ad8i Iutan# ,mar alias Commander Palito, and ;um$rah Manap met them. 0Initiall%, the three demanded fifteen million pesos FP-6,111,111G from Ale2ander SaldaHa for his release, $ut the amount was eventuall% redu"ed to twelve million pesos after mu"h ha##lin# Seven da%s later, Ale2ander SaldaHa and Ameri"o (e8uso, ;r., were transferred to the town proper of Ma#ano%. Commander Palito, ;um$rah Manap, Sa"aria 0E Alon alias ;a"* Moro,06 (amon Pasawilan,09 #uarded them. !hen the *idnappers learned that the militar% was loo*in# for Ale2ander, the% returned to the mountain hideout and sta%ed there for two wee*s.0B

At one time, Ale2ander SaldaHa was made to sta% at a river hideout where a "ertain Commander Iu#ta held him and sheltered his a$du"tors for at least a wee*.0A There, Ale2ander saw Ma"apa#al Silon#an with ;um$rah Manap and other armed men. These men $rou#ht Ale2ander to Tala%an where he met Ma%an#*an# Sa#uile. From Tala%an, Ma%an#*an# and his men $rou#ht Ale2ander to Maitum, Ia$untalan, Ma#uindanao, where Ma%an#*an#=s lair is lo"ated. Ma%an#*an# made Ale2ander write more letters0@ to the latter=s famil%. ,n several o""asions, Ma%an#*an# himself would write letters/1 to Ale2ander=s wife. Ale2ander personall% was detained in Ia$untalan for a total period of five F6G months and was *ept "onstantl% #uarded $% armed men. Amon# his #uards were the appellants Ma"apa#al Silon#an, A$dila Silon#an, A*mad Awal, and a "ertain &as"o Silon#an./,n Septem$er 0E, -@@9, Ma%an#*an# released Ale2ander SaldaHa to the militar% in e2"han#e for a relative who was "au#ht deliverin# a ransom note to Ale2ander=s famil%. 7owever, onl% ei#ht of the a""used were $rou#ht to trial, namel%, A$dila, Ma"apa#al, and Tedd%, all surnamed Silon#an, A*mad Awal, (oll% 5amalan, Sa"aria Alon, ;um$rah Manap, and (amon Pasawilan. The prose"ution presented Ale2ander SaldanaD his wife, Carmelita SaldaHa, and a "ertain Ma8or Paralla# who was responsi$le for Ale2ander=s release. Carmelita testified as to matters rela%ed to her $% Ameri"o (e8uso, ;r., and identified the ransom notes sent to her. Ma8or Paralla#, for his part, testified as to the operations underta*en $% the militar% (TC: #uilt% Issue: whether or not the a""used is #uilt% of ille#.l detention3 (ulin#: ?es:The essen"e of the "rime of *idnappin# and serious ille#al detention as defined and penalized in Arti"le 09B9@ of the (evised Penal Code is the a"tual deprivation of the vi"tim=s li$ert% "oupled with proof $e%ond reasona$le dou$t of an intent of the a""used to effe"t the same. It is thus essential that the followin# $e esta$lished $% the prose"ution: F-G the offender is a private individualD F0G he *idnaps or detains another, or in an% other manner deprives the latter of his li$ert%D F/G the a"t of detention or *idnappin# must $e ille#alD and FEG in the "ommission of the offense, an% of the four "ir"umstan"es enumerated in Arti"le 09B $e present.B1 &ut if the *idnappin# was done for the purpose of e2tortin# ransom, the fourth element is no lon#er ne"essar% People vs. olive Fa"ts summarized $% the trial "ourt as follows: J In the earl% mornin# of Ma% 09, -@A9, ;a"into Ma#$o8os ;r. left their house to "ount "o"onuts a this father=s "o"onut land uphill. At a$out AD11 o="lo"* that same mornin#, ;oel Cin"o, Mi"hell I$a%a $oth outCofCs"hool %outh "ame to the house of the latter. After $ein# informed $% one of the Ma#$o8os "hildren that ;a"into went uphill for an errand, ;oel Cin"o and his "ompanions immediatel% left. At a$out -1:/1 o="lo"* that mornin#, ;a"into Ma#$o8os, ;r. arrived home. At a$out that time, Mrs. Ma#$o8os was "oo*in#. Suddenl%, four persons arrived and entered the house. A few minute later, her hus$and ;a"into was ho#tied $% t%in# his hands at his $a"* and Mr. Ma#$o8os was told $% the #roup to #o up out. The #roup with ;a"into Ma#$o8os ;r. passed throu#h the *it"hen door while Mrs. Ma#$o8os and the "hildren passed the other foor

to the apple tree downstairs. The #roup too* ;a"into Ma#$o8os, ;r. awa% and the% wal*ed towards the western dire"tion. Earlier that da%, Arturo Inopia, a farmer and also a resident of $aran#a% MapiHa, Mas$ate, ahd visitors in his house at a$out A:/1 or @D11 o="lo"* in the mornin#, namel%: =Ia Am$ot=, who turned to $e ,s"ar ,liva, >Ia 'ell%> whoi was later indentified as 'oli Sal"edo, >Ia ;in*%> and ;un Pan#uilinan who were all in #reen Ffati#ueG uniforms and armed, and &o#o% Manlapaz and ;oel Cin"o K the latter two $ein# unarmed and without uniforms. Arturo Inopia as*ed wh% the% were in his house, and >Ia Am$ot= replied that the% have a mission to #et ;a"into Ma#$o8os ;r. After hearin# the report of ;un de los (e%es, the #roup of >Ia Am$ot> left #ave a stern warnin# to Arturo Inopia not to report the poli"e authorities, otherwise, he FInopiaG will $e *illed. 5ater, at a$out noon of that same da% Ma% 09, -@A9, he was informed $% his $rotherCinClaw, ;ulito Soler, that the% #ot a#o% Ma#$o8os.1wphi1.nt Elpidio 5a$a8ata, li*ewise a farmer, a resident of and a nei#h$or to ;a"into Ma#$o8os ;r., that same mornin# of Ma% 09, -@A9, also went to the mountain to "olle"t the "orn he loaned to ;ose &alatu"an. In #oin# to &alatu"an=s house, he passed $% the residen"e of Arturo Inopia where he saw several persons, four of whom were in fati#ue uniforms and "arr%in# firearms. In the #roup were ;un Pan#ilinan, ;oel Cin"o, ,s"ar ,liva and 'oli Sal"edo. !hen he returned home that same da%, he met si2 F9G persons, two of whom were ;a"into Ma#$o8os ;r. and ;ulio F&a#o%G Sea"hon. 7e noti"ed that ;a"into Ma#$o8os ;r. was ho#tied $% "oralon ropes and appeared ver% wea* and with a$rasions on $oth sides of his fa"e an "an hardl% tal*. 7e re"alled that at that time, ;a"into Ma#$o8os ;r. was wearin# white shorts with #reen linin#s and a red TCshirt. 7e was investi#ated $% ,s"ar ,liva and he was as*ed where he resides and whether he *new ;a"into Ma#$o8os ;r. !hen he answered affirmativel%, he was also ho#tied $% ,s"ar ,liva. 7owever, he pleaded for his life and fortunatel%, he was released $ut with the "ondition that he will leave MapiHa, Mas$ate That on or a$out Ma% 09, -@A9, in the mornin# thereof, at $aran#a% MapeHa, Muni"ipalit% of Mas$ate, Provin"e of Mas$ate, Philippines, within the 8urisdi"tion of this "ourt, the a$oveCnamed a""used "onfederatin# to#ether and helpin# one another with the used of for"e, violen"e and intimidation, did then and there willfull%, unlawfull% and feloniousl% *idnap, detain and *eep one ;a"into Ma#$o8os alias > a#o%> a#ainst the latter=s will. First to $e arrai#ned was ;oel Cin"o who entered a plea of not #uilt% to the a$ove.uoted "har#e. ,n Mar"h /-, -@AB, upon motion of the prose"ution and with "onsent of Cin"o, the trial "ourt ordered the provisional dismissal of the "ase. The "ase a#ainst the rest of the a""used who were at lar#e was ordered ar"hived. ,n ,"to$er 0-, -@AA, the prose"ution filed a motion to reinstate the "ase with motion to amend and admit amended information "har#in# ,s"ar ,liva alias Ia Am$ot as one of the "oCa""used in the *idnappin#.0 The trial "ourt admitted the amended information. ,n Fe$ruar% -, -@A@, ,s"ar ,liva was arrai#ned and entered a plea of not #uilt%. ,n Mar"h -, -@A@, the remains of the vi"tim were e2humed. ,' Ma% @, -@A@, Assistant Provin"ial Prose"utor ;uan +alle#o filed a se"ond motion to admit amended information, this time, "har#in# the a""used with *idnappin# with murder. The trial "ourt admitted the said information, whi"h reads: Issue:

whether or not the trial "ourt erred in #ivin# "reden"e to the prose"ution eviden"e and "onvi"tin# appellants for the "rime of murder, then senten"in# them to reclusion perpetua. (ulin#: ,liva=s "ontention that he should have $een "har#ed with and tried for re$ellion la"*s fa"tual and le#al $asis, hen"e, $ereft of merit. True, one "an $e "onvi"ted onl% of re$ellion where the murders, ro$$eries and *idnappin# were "ommitted as a means to or furtheran"e of re$ellion. Corollar%, offenses, whi"h were not "ommitted in furtheran"e of re$ellion, $ut for personal reasons or other motives, are to $e punished separatel% even if "ommitted simultaneousl% with the re$ellious a"ts.-- In the instant "ase, there was no eviden"e at all to show that the *illin# of ;a"into Ma#$o8os ;r. was in "onne"tion with or in furtheran"e of their re$ellious a"t. &esides ;r. was not indu$ita$l% proved that ,liva was indeed a mem$er of the 'ew People=s Arm%. To "on"lude, sin"e no .ualif%in# "ir"umstan"e was proved in this "ase, the "rime "ommitted is onl% homi"ide, not murder. 4nder Arti"le 0E@ of the (evised Penal Code, the appli"a$le penalt% for homi"ide is onl% reclusion perpetua. As there were neither a##ravatin# nor miti#atin# "ir"umstan"es found $% the trial "ourt or shown after a review of the re"ords, the penalt% in this "ase shall $e fi2ed in its medium period of reclusion perpetua, whi"h ran#es from a minimum of -E %ears, A months and - da% to a ma2imum of -B %ears and E months. Further appl%in# the Indeterminate Senten"e 5aw, the imposa$le penalt% shall $e within the ran#e of prision mayor as a minimum to reclusion temporal in its medium period as the ma2imum. The ran#e of prision mayor is from 9 %ears and - da% to -0 %ears. The span of reclusion temporal, medium, is from -E %ears, A months and - da% to -B %ears and E months.1wphi1.nt WHEREFORE, the assailed DECISION of the (e#ional Trial Court of Mas$ate, Mas$ate, &ran"h EA, in Criminal Case 'o. 6-/0, is here$% M, IFIE . Appellants ,s"ar ,liva and 'oli Sal"edo are here$% found GUILTY of HOMICIDE and senten"ed to suffer a prison term of -1 %ears of the medium and - da% of the medium period of reclusion temporal, as ma2imum, with a""essor% penalties provided $% law, to indemnif% the heirs of the de"eased ;a"into Ma#$o8os ;r. in the amount of P61,111.11 and to pa% "osts.