Miranda v. Tuliao (DIGEST)

G.R. No.
158763 March 31, 2006
JOSE C. MIRANDA, ALBERTO P. DALMACIO, and ROMEO B. OCON, Petitioners,

vs.
VIRGILIO M. TULIAO, Respondent.
Facts:
On March 08, 1996, two burnt cadavers were discovered in Ramon, Isabela which were later
identified as the bodies of Vicente Bauzon and Elizer Tuliao, son of the private respondent Virgilio Tuliao
who is now under the witness protection program.
Two Informations for murder were filed against 5 police officers including SPO2 Maderal in the
RTC of Santiago City. The venue was later transferred to the RTC of Manila. The RTC convicted the
accused and sentenced them two counts of reclusion perpetua except SPO2 Maderal who was yet to be
arraigned at that time being at large. Upon automatic review, the SC acquitted the accused on the ground
of reasonable doubt.
In Sept. 1999, Maderal was arrested. He executed a sworn confession and identified the
petitioners as the ones responsible for the death of the victims, so, Tuliao filed a criminal complaint for
murder against the petitioners. Acting Presiding Judge Tumaliuan issued a warrant of arrest against the
petitioners and SPO2 Maderal.
Then, the petitioners filed an urgent motion to complete preliminary investigation, to reinvestigate,
and to recall or quash the warrant of arrest. In the hearing of the urgent motion, Judge Tumaliuan noted
the absence of the petitioners and issued a Joint order denying the urgent motion on the ground that
since the court did not acquire jurisdiction over their persons, the motion cannot be properly heard by the
court.
Issues: Whether or not the accused cannot seek judicial relief if he does not submit his person to the
jurisdiction of the court.
Held: No. The accused can seek judicial relief. Adjudication of a motion to quash a warrant of arrest
requires neither jurisdiction over the person of the accused, nor custody of law over the body of the
accused.
There is a distinction between the custody of the law and jurisdiction over the person. Custody of
the law is required before the court can act upon the application for bail, but is not required for the
adjudication of other reliefs sought by the defendant where the mere application therefor constitutes a
waiver of the defense of lack of jurisdiction over the person of the accused. Custody of the law is
accomplished either by arrest or voluntary surrender, while jurisdiction over the person of the accused is
acquired upon his arrest or voluntary appearance. One can be under the custody of the law but not yet
subject to the jurisdiction of the court over his person, such as when a person arrested by virtue of a
warrant files a motion before arraignment to quash the warrant. On the other hand, one can be subject to
the jurisdiction of the court over his person, and yet not be in the custody of the law, such as when an
accused escapes custody after his trial has commenced.
As a general rule, one who seeks an affirmative relief is deemed to have submitted to the
jurisdiction of the court. There is, however, an exception to the rule that filing pleadings seeking
affirmative relief constitutes voluntary appearance, and the consequent submission of one’s person to the
jurisdiction of the court. This is in the case of pleadings whose prayer is precisely for the avoidance of the
jurisdiction of the court, which only leads to a special appearance. These pleadings are: (1) in civil cases,
motions to dismiss on the ground of lack of jurisdiction over the person of the defendant, whether or not
other grounds for dismissal are included;18 (2) in criminal cases, motions to quash a complaint on the
ground of lack of jurisdiction over the person of the accused; and (3) motions to quash a warrant of arrest.
The first two are consequences of the fact that failure to file them would constitute a waiver of the defense
of lack of jurisdiction over the person. The third is a consequence of the fact that it is the very legality of
the court process forcing the submission of the person of the accused that is the very issue in a motion to
quash a warrant of arrest.
To recapitulate what we have discussed so far, in criminal cases, jurisdiction over the person of
the accused is deemed waived by the accused when he files any pleading seeking an affirmative relief,
except in cases when he invokes the special jurisdiction of the court by impugning such jurisdiction over
his person. Therefore, in narrow cases involving special appearances, an accused can invoke the
processes of the court even though there is neither jurisdiction over the person nor custody of the law.
However, if a person invoking the special jurisdiction of the court applies for bail, he must first submit
himself to the custody of the law.
In cases not involving the so-called special appearance, the general rule applies, i.e., the
accused is deemed to have submitted himself to the jurisdiction of the court upon seeking affirmative
relief. Notwithstanding this, there is no requirement for him to be in the custody of the law.

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G.R. No.

158763 March 31, 2006

JOSE C. MIRANDA, ALBERTO P. DALMACIO, and ROMEO B. OCON, Petitioners,

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