Sanchez Vs Demetriou CrimPro Jurisdiction

Remedial Law > Criminal Procedure > Jurisdiction
ANTONIO L. SANCHEZ, petitioner vs The Honorable HARRIET O. DEMETRIOU (in her capacity
as Presiding Judge of Regional Trial Court, NCR, Branch 70, Pasig), The Honorable FRANKLIN
DRILON (in his capacity as Secretary of Justice), JOVENCITO R. ZUO, LEONARDO C. GUIYAB,
CARLOS L. DE LEON, RAMONCITO C. MISON, REYNALDO J. LUGTU, and RODRIGO P.
LORENZO, the last six respondents in their official capacities as members of the State
Prosecutor's Office), respondents.
G.R. Nos. 111771-77 November 9, 1993
Doctrines: The crime of rape with homicide imputed to the petitioner was not connected with the
discharge of his functions as municipal mayor nor that there is an "intimate connection" between
the offense and his office. It follows that the said crime, being an ordinary offense, is triable by the
regular courts and not the Sandiganbayan.
The rule is that if the accused objects to the jurisdiction of the court over his person, he may move
to quash the information, but only on that ground. If, as in this case, the accused raises other
grounds in the motion to quash, he is deemed to have waived that objection and to have submitted
his person to the jurisdiction of that court.
The issuance of the corresponding warrant of arrest, against a person invalidly detained will cure
the defect of that detention or at least deny him the right to be released because of such defect.
FACTS: Seven Informations of Rape with Homicide were filed against Mayor Antonio L. Sanchez
of Calauan Laguna and six other persons in connection with the rape-slay of Mary Eileen
Sarmenta and the killing of Allan Gomez.
Acting on the request of the Presidential Anti-Crime Commission, the panel of State Prosecutors of
the Department of Justice conducted a preliminary investigation. Sanchez was not present but he
was represented by Atty. Brion. An invitation issued by PNP Commander Rex Piad was also
served on Sanchez and he was immediately taken to Camp Vicente Lim. Sanchez was placed on
arrest status upon the positive identification by Centeno and SPO3 Malabanan that Sanchez was
the principal in the rape-slay case. The respondent prosecutors conducted an inquest upon
Sanchez arrival, with Atty. Panelo as his counsel. After the hearing, a warrant of arrest was served
on Sanchez in connection with a criminal case for violation of RA 6713. The Informations for Rape
with Homicide were filed in RTC Laguna and warrants of arrest were issued against all of the
accused. The venue of the case was then transferred to Pasig, Metro Manila upon the expressed
apprehension of the Secretary of Justice.
Sanchez filed a Motion to Quash on the following grounds: 1) he was denied the right to present
evidence at the preliminary investigation; 2) only the Ombudsman had the competence to conduct
the investigation; 3) his warrantless arrest is illegal and the court has therefore not acquired
jurisdiction over him, 4) he is being charged with seven homicides arising from the death of only
two persons; 5) the informations are discriminatory because they do not include Teofilo Alqueza
and Edgardo Lavadia; and 6) as a public officer, he can be tried for the offense only by the
Sandiganbayan.
The Motion to Quash was denied. Hence, this petition.
ISSUE: 1) WON the Sandiganbayan has jurisdiction over the case. 2) WON the unlawful arrest of
the accused resulted in the failure to acquired jurisdiction over his person.
HELD: 1) NO. The crime of rape with homicide does not fall under the jurisdiction of the
Sandiganbayan as it obviously does not fall under paragraph (1), which deals with graft and
corruption cases. Neither is it covered by paragraph (2) because it is not an offense committed in
relation to the office of the petitioner. There is no direct relation between the commission of the
crime of rape with homicide and the petitioner's office as municipal mayor because public office is
not an essential element of the crime charged. The offense can stand independently of the office.
Moreover, it is not even alleged in the information that the commission of the crime charged was
intimately connected with the performance of the petitioner's official functions to make it fall under
the exception laid down in People v. Montejo. In that case, a city mayor and several detectives
were charged with murder for the death of a suspect as a result of a "third degree" investigation
held at a police substation.The Court held that, although public office is not an element of the crime
of murder in abstract, the offense therein charged is intimately connected with their respective
offices and was perpetrated while they were in the performance, though improper or irregular, of
their official functions. Indeed they had no personal motive to commit the crime and they would not
have committed it had they not held their aforesaid offices.
2) NO. Even on the assumption that no warrant was issued at all, we find that the trial court still
lawfully acquired jurisdiction over the person of the petitioner. The rule is that if the accused objects
to the jurisdiction of the court over his person, he may move to quash the information, but only on
that ground. If, as in this case, the accused raises other grounds in the motion to quash, he is
deemed to have waived that objection and to have submitted his person to the jurisdiction of that
court. The Court also adverts to its uniform ruling that the filing of charges, and the issuance of the
corresponding warrant of arrest, against a person invalidly detained will cure the defect of that
detention or at least deny him the right to be released because of such defect.

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Remedial Law > Criminal Procedure > Jurisdiction

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