Petitioner Vs Vs Respondents: en Banc

EN BANC
[G.R. No. 131652. March 9, 1998.]
BAYANI M. ALONTE , petitioner, vs . HON. MAXIMO A. SAVELLANO JR.,

NATIONAL BUREAU OF INVESTIGATION and PEOPLE OF THE
PHILIPPINES , respondents.
[G.R. No. 131728. March 9, 1998.]
BUENAVENTURA CONCEPCION , petitioner, vs . JUDGE MAXIMO

SAVELLANO, JR., THE PEOPLE OF THE PHILIPPINES, and JUVIELYN
Y. PUNONGBAYAN , respondents.
Fortun, Narvasa & Salazar for petitioner Bayani M. Alonte.

Ramon C. Casano for petitioner in 131728.
The Law Firm of Raymundo A. Armovit for respondent Judge.
SYNOPSIS
Bayani M. Alonte, then incumbent Mayor of Biñan, Laguna and Buenaventura

Concepcion were charged with rape based on the complaint of Juvielyn Punongbayan.
During the pendency of the petition for change of venue, Juvielyn, assisted by her
parents and counsel, executed an a davit of desistance. The petition for change of
venue was granted and the case was ra ed to respondent judge who issued warrants
of arrest for petitioners. Juvielyn reiterated her "decision to abide by her A davit of
Desistance." Petitioners pleaded not guilty when arraigned and waived pre-trial.
Immediately following arraignment the prosecution presented Juvielyn who testi ed to
the validity and voluntariness of her a davit of desistance and that she has no interest
in further prosecuting the action. The Prosecution then manifested that the State had
no further evidence against the accused to prove the guilt of the accused. She then
moved for the "dismissal of the case" against both accused-petitioners. The two
accused did not present any countervailing evidence, did not take the witness stand nor
admitted the act charged in the information. Thereupon, respondent judge said that "the
case was submitted for decision." On December 18, 1997, a decision was rendered
convicting petitioners of rape. IEaCDH
Due process in criminal proceedings, in particular, require (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 given an opportunity to be heard; and (d) that judgment
is rendered only upon lawful hearing. The above constitutional and jurisprudential
postulates, by now elementary and deeply imbedded in our own criminal justice system,
are mandatory and indispensable.
The order of trial in criminal cases is clearly spelled out in Section 3, Rule 119, of
the Rules of Court which should be strictly adhered to. There can be no short-cut to the
legal process, and there can be no excuse for not affording an accused his full day in
court. Due process, rightly occupying the rst and foremost place of honor in our Bill of
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Rights, is an enshrined and invaluable right that cannot be denied even to the most
undeserving.
An a davit of desistance by itself, even when construed as a pardon in the so-
called "private crimes," is not a ground for the dismissal of the criminal case once the
action has been instituted.
Prosecutors are expected not merely to discharge their duties with the highest
degree of excellence, professionalism and skill but also to act each time with utmost
devotion and dedication to duty. The Court is hopeful that the zeal which has been
exhibited many times in the past, although regrettably a disappointment on few
occasions, will not be wanting in the proceedings yet to follow. TEDaAc
SYLLABUS
1. REMEDIAL LAW; CRIMINAL PROCEDURE; DUE PROCESS IN CRIMINAL

PROCEEDINGS; REQUISITES. — Jurisprudence acknowledges that due process in
criminal proceedings, in particular, require (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 given an opportunity to be heard; and (d) that judgment is rendered only
upon lawful hearing. The above constitutional and jurisprudential postulates, by now
elementary and deeply imbedded in our own criminal justice system, are mandatory and
indispensable. The principles nd universal acceptance and are tersely expressed in the
oft-quoted statement that procedural due process cannot possibly be met without a
"law which hears before it condemns, which proceeds upon inquiry and renders
judgment only after trial."
2. ID.; ID.; THERE CAN BE NO SHORT-CUT TO THE LEGAL PROCESS AND
THERE CAN BE NO EXCUSE FOR NOT AFFORDING AN ACCUSED HIS FULL DAY IN
COURT. — The existence of the waiver must be positively demonstrated. The standard
of waiver requires that it "not only must be voluntary, but must be knowing, intelligent,
and done with su cient 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. The Solicitor General has aptly discerned a few of the deviations from what
otherwise should have been the regular course of trial: (1) Petitioners have not been
directed to present evidence to prove their defenses nor have dates therefor been
scheduled for the purpose; (2) the parties have not been given the opportunity to
present rebutting evidence nor have dates been set by respondent Judge for the
purpose; and (3) petitioners have not admitted the act charged in the Information so as
to justify any modi cation in the order of trial. There can be no short-cut to the legal
process, and there can be no excuse for not affording an accused his full day in court.
Due process, rightly occupying the rst and foremost place of honor in our Bill of
Rights, is an enshrined and invaluable right that cannot be denied even to the most
undeserving.
3. ID.; EVIDENCE; AFFIDAVIT OF DESISTANCE; SHOULD NOT BE GIVEN
PROBATIVE VALUE. — In the case of People vs. Junio, the Court held that: Thus, we
have declared that at most the retraction is an afterthought which should not be given
value. It would be a dangerous rule to reject the testimony taken before the court of
justice simply because the witness who has given it later on changed his mind for one
reason or another. Such a rule will make a solemn trial a mockery and place the
investigation at the mercy of unscrupulous witnesses. Because a davits of retraction
can easily be secured from poor and ignorant witnesses, usually for monetary
consideration, the Court has invariably regarded such a davits as exceedingly
unreliable. [ Flores vs. People, 211 SCRA 622, citing De Guzman vs. Intermediate
Appellate Court, 184 SCRA 128; People vs. Galicia, 123 SCRA 550.]
4. ID.; COURTS; WITH INHERENT POWER TO COMPEL THE ATTENDANCE OF
ANY PERSON TO TESTIFY. — Courts have the inherent power to compel the attendance
of any person to testify in a case pending before it, and a party is not precluded from
invoking that authority.
5. ID.; EVIDENCE; AFFIDAVIT OF DESISTANCE; THOUGH CONSTRUED AS
PARDON IN "PRIVATE CRIMES," IT IS NOT A GROUND FOR DISMISSAL OF CRIMINAL
ACTION. — An a davit of desistance by itself, even when construed as a pardon in the
so-called "private crimes," is not a ground for the dismissal of the criminal case once
the action has been instituted. The a davit, nevertheless, may, as so earlier intimated,
possibly constitute evidence whose weight or probative value, like any other piece of
evidence, would be up to the court for proper evaluation. EaSCAH
6. ID.; ID.; DISQUALIFICATION OF JUDGES; IT IS NOT ENOUGH THAT A

COURT IS IMPARTIAL, IT MUST ALSO BE PERCEIVED TO BE IMPARTIAL. — Relative to
the prayer for the disquali cation of Judge Savellano from further hearing the case, the
Court is convinced that Judge Savellano should, given the circumstances, be best
excused from the case. Possible animosity between the personalities here involved
may not all be that unlikely. The pronouncement of this Court in the old case of Luque
vs. Kayanan could again be said: All suitors are entitled to nothing short of the cold
neutrality of an independent, wholly-free, disinterested and unbiased tribunal. Second
only to the duty of rendering a just decision is the duty of doing it in a manner that will
not arouse any suspicion as to the fairness and integrity of the Judge. It is not enough
that a court is impartial, it must also be perceived as impartial.
7. ID.; ATTORNEYS; USE OF INTEMPERATE LANGUAGE AND UNKIND
ASCRIPTIONS CAN HARDLY BE JUSTIFIED. — While the lawyer in promoting the cause
of his client or defending his rights might do so with fervor, simple courtesy demands
that it be done within the bounds of propriety and decency. The use of intemperate
language and unkind ascriptions hardly can be justi ed nor can have a place in the
dignity of judicial forum. Civility among members of the legal profession is a treasured
tradition that must at no time be lost to it.
DHEcCT
8. ID.; CRIMINAL PROCEDURE; PROSECUTORS; EXPECTED TO ACT WITH

UTMOST DEVOTION AND DEDICATION TO DUTY. — Finally, it may be opportune to say,
once again, that prosecutors are expected not merely to discharge their duties with the
highest degree of excellence, professionalism and skill but also to act each time with
utmost devotion and dedication to duty. The Court is hopeful that the zeal which has
been exhibited many times in the past, although regrettably a disappointment on few
occasions, will not be wanting in the proceedings yet to follow.
PUNO, J., separate opinion:
1. REMEDIAL LAW; EVIDENCE; RECANTATION; CONSTRUED. — A recantation
usually applies to a repudiation by a complainant or a witness, either for the
prosecution or the defense, who has previously given an extrajudicial statement or
testimony in court. Repudiation may be made in writing, i.e., by sworn statement, or by
testifying on the witness stand.
2. ID.; ID.; ID.; GENERALLY LOOKED UPON WITH DISFAVOR. — Mere
retraction by a witness or by complainant of his or her testimony does not necessarily
vitiate the original testimony or statement, if credible. The general rule is that courts
look with disfavor upon retractions of testimonies previously given in court. This rule
applies to crimes, offenses as well as to administrative offenses. The reason is
because a davits of retraction can easily be secured from poor and ignorant
witnesses, usually through intimidation or for monetary consideration. Moreover, there
is always the probability that they will later be repudiated and there would never be an
end to criminal litigation. It would also be a dangerous rule for courts to reject
testimonies solemnly taken before courts of justice simply because the witnesses who
had given them later on changed their minds for one reason or another. This would
make solemn trials a mockery and place the investigation of the truth at the mercy of
unscrupulous witnesses.
3. ID.; ID.; ID.; ID.; EXCEPTION. — The general rule notwithstanding, the
a davit should not be peremptorily dismissed as a useless scrap of paper. There are
instances when a recantation may create serious doubts as to the guilt of the accused.
A retracted statement or testimony must be subject to scrupulous examination. The
previous statement or testimony and the subsequent one must be carefully compared
and the circumstances under which each was given and the reasons and motives for
the change carefully scrutinized. The veracity of each statement or testimony must be
tested by the credibility of the witness which is left for the judge to decide. In short,
only where there exists special circumstances in the case which when coupled with the
retraction raise doubts as to the truth of the testimony or statement given, can a
retraction be considered and upheld.
4. ID.; ID.; AFFIDAVIT OF DESISTANCE, GENERALLY WITH NO PERSUASIVE
EFFECT. — An a davit of desistance is understood to be a sworn statement executed
by a complainant in a criminal or administrative case that he or she is discontinuing the
action led upon his or her complaint for whatever reason he or she may cite. The court
attaches no persuasive value to a desistance especially when executed as an
afterthought. However, as in retractions, an a davit of desistance calls for a
reexamination of the records of the case. cAHDES
5. ID.; ID.; ID.; WEIGHT IN PRIVATE CRIMES. — In private crimes, an a davit

of desistance led by a private complainant is also frowned upon by the courts.
Although such a davit may deserve a second look at the case, there is hardly an
instance when this Court upheld it in private crimes and dismissed the case on the sole
basis thereof. Indeed, a case is not dismissed upon mere a davit of desistance of the
complainant, particularly where there exist special circumstances that raise doubts as
to the reliability of the affidavit.
6. ID.; CRIMINAL PROCEDURE; PRIVATE CRIMES; CANNOT BE PROSECUTED
EXCEPT UPON COMPLAINT OF OFFENDED PARTY. — Private crimes cannot be
prosecuted except upon complaint led by the offended party. In adultery and
concubinage, the offended party must implead both the guilty parties and must not
have consented or pardoned the offenders. In seduction, abduction, rape and acts of
lasciviousness, the complaint must be led by the offended party or her parents,
grandparents or guardian. The complainant must not have expressly pardoned the
offender. The ling of a complaint in private crimes is merely a condition precedent to
the exercise by the proper authorities of the power to prosecute the guilty parties. It is
the complaint that starts the prosecutory proceeding without which the scal and the
court cannot exercise jurisdiction over the case. Once the complaint is led, the action
proceeds just as in any other crime.
7. CRIMINAL LAW; EXTINCTION OF CRIMINAL LIABILITY; MODES. — Article
344 also provides for the extinction of criminal liability in private crimes. It mentions
two modes: pardon and marriage, which when validly and timely made, result in the
total extinction of criminal liability of the offender. The pardon in private crimes must be
made before the institution of the criminal action. In adultery and concubinage, the
pardon may be express or implied while in seduction, abduction, rape and acts of
lasciviousness, the pardon must be express. In all cases, the pardon must come prior
to the institution of the criminal action. After the case has been led in court, any
pardon made by the private complainant, whether by sworn statement or on the
witness stand, cannot extinguish criminal liability. The only act that extinguishes the
penal action and the penalty that may have been imposed is the marriage between the
offender and the offended party.
8. ID.; ID.; PARDON IN PRIVATE CRIMES; MUST COME BEFORE INSTITUTION
OF CRIMINAL ACTION. — Pardon by the offended party extinguishes criminal liability
when made while the crime is still "private" and within the control of the offended party.
But once the case is led in court, the pardon cannot ipso facto operate to dismiss the
case. After the institution of the criminal action, any pardon given by the complainant to
the offender would be unavailing, except of course when the offender validly marries
the offended party. The offended party's pardon of the offender in a seduction case
after the criminal action had been instituted constitutes no bar to said action. A pardon
given in a rape case after the ling of the action in court "comes too late to hide the
shameful occurrence from public notice."
9. ID.; ID.; DESISTANCE, NOT A GROUND. — Article 344 does not include
desistance of the offended party from prosecuting the case as a ground for extinction
of criminal liability whether total or partial. Hence, only when the desistance is grounded
on forgiveness and pardon and is made before the institution of the criminal action, can
it extinguish criminal liability. Desistance, per se, is not equivalent to pardon.
10. ID.; ID.; ID.; CASE AT BAR. — In the case at bar, the "A davit of
Desistance" of Juvielyn is not an express pardon of the accused and the crime
committed. Private complainant desisted from prosecuting the case against the
petitioners because she wished "to start life anew and live normally again." She
reiterated this reason on the witness stand. She complained that members of the
media were bothering and harassing her and that she wanted to go back to her normal
life. She never said that she forgave the petitioners. She did not absolve them from their
culpability. She did not give any exculpatory fact that would raise doubts about her
rape. She did not say that she consented to petitioner Alonte's acts. Moreover, the rape
case is already in court and it is no longer her right to decide whether or not the charge
should be continued.
11. CONSTITUTIONAL LAW; BILL OF RIGHTS; DUE PROCESS; ACCUSED
DENIED THEREOF WHERE JUDGMENT OF CONVICTION WAS RENDERED WITHOUT
TRIAL. — Justice Puno agrees with the majority that the November 7, 1997 proceedings
could not have been a trial on the merits. First of all, the proceedings did not conform
with the procedure for trial as provided in the 1985 Rules on Criminal Procedure. In the
case at bar, petitioners were never instructed to present evidence to prove their
defenses. The parties were never given the opportunity to present their respective
evidence rebutting the testimony of private complainant. There was no admission by
petitioners of the charge in the information as to justify a change in the order of trial.
Second, the admission of private complainant's a davit of October 21, 1996 was
made solely in response to respondent judge's own questioning. It was this a davit
which respondent judge used to convict the petitioners. This a davit, however, was not
marked nor was it formally offered before the court. Third, where there is a doubt as to
the nature of the criminal proceedings before the court, this doubt must be resolved in
favor of the accused who must be given the widest latitude of action to prove his
innocence. It is in petitioners' favor that the proceedings of November 7, 1997 be
treated as a hearing on the motion to dismiss, not a trial on the merits. To rule
otherwise will effectively deny petitioners due process and all the other rights of an
accused under the Bill of Rights and our Rules in Criminal Procedure. AHacIS
12. REMEDIAL LAW; CRIMINAL PROCEDURE; RULES STRICTLY ADHERED TO.

— Our criminal rules of procedure strictly provide the step by step procedure to be
followed by courts in cases punishable by death. This rule also applies to all other
criminal cases, particularly where the imposable penalty is reclusion perpetua. The
reason for this is to assure that the State makes no mistake in taking life and liberty
except that of the guilty.
13. ID.; EVIDENCE; EVIDENCE NOT FORMALLY OFFERED, NOT TAKEN INTO
CONSIDERATION. — Evidence not formally offered in court will not be taken into
consideration by the court in disposing of the issues of the case. Any evidence which a
party desires to submit for the consideration of the court must formally be offered by
him, otherwise it is excluded and rejected. Indeed, following respondent judge's nding
and assuming that the November 7, 1997 hearing was already a trial on the merits,
petitioners were never afforded their right to confront and cross-examine the witness.
The court did not, at the very least, inquire as to whether the petitioners wanted to
cross-examine private complainant with respect to her a davit of October 21, 1996.
No opportunity to cross-examine was afforded petitioners and their counsels such that
they cannot be deemed to have waived said right by inaction.
DECISION
VITUG , J : p
Pending before this Court are two separate petitions, one led by petitioner
Bayani M. Alonte, docketed G.R. No. 131652, and the other by petitioner Buenaventura
Concepcion, docketed G.R. No. 131728, that assail the decision of respondent Judge
Maximo A. Savellano, Jr., of the Regional Trial Court ("RTC"), Branch 53, of Manila nding
both petitioners guilty beyond reasonable doubt of the crime of rape. The two petitions
were consolidated. llcd
On 05 December 1996, an information for rape was led against petitioners

Bayani M. Alonte, an incumbent Mayor of Biñan, Laguna, and Buenaventura Concepcion
predicated on a complaint led by Juvie-lyn Punongbayan. The information contained
the following averments; thus:
"That on or about September 12, 1996, in Sto. Tomas, Biñan, Laguna, and
within the jurisdiction of this Honorable court, the above named accused, who is
the incumbent mayor of Biñan, Laguna after giving complainant-child drinking
water which made her dizzy and weak, did then and there willfully, unlawfully and
feloniously have carnal knowledge with said JUVIELYN PUNONGBAYAN against
her will and consent, to her damage and prejudice.
"That accused Buenaventura 'Wella' Concepcion without having
participated as principal or accessory assisted in the commission of the offense
by bringing said complainant child to the rest house of accused Bayani 'Arthur'
Alonte at Sto. Tomas, Biñan, Laguna and after receiving the amount of P1,000.00
left her alone with Bayani Alonte who subsequently raped her.
Contrary to Law." 1
The case was docketed Criminal Case No. 9619-B and assigned by ra e to
Branch 25 of the RTC of Biñan, Laguna, presided over by Judge Pablo B. Francisco.
On 13 December 1996, Juvie-lyn Punongbayan, through her counsel Attorney
Remedios C. Balbin, and Assistant Chief State Prosecutor ("ACSP") Leonardo Guiyab,
Jr., led with the O ce of the Court Administrator a Petition for a Change of Venue
(docketed Administrative Matter No. 97-1-12-RTC) to have the case transferred and
tried by any of the Regional Trial Courts in Metro Manila.
During the pendency of the petition for change of venue, or on 25 June 1997,
Juvie-lyn Punongbayan, assisted by her parents and counsel, executed an a davit of
desistance, quoted herein in full, as follows:
AFFIDAVIT OF DESISTANCE
"I, JUVIE-LYN YAMBAO PUNONGBAYAN, 17 years of age, a resident of No.
5 Uranus Street, Congressional Avenue Subdivision, Quezon City, duly assisted by
private legal counsel and my parents, after having duly sworn in accordance with
law, depose and say:
"1. That I am the Complainant in the rape case led against Mayor
Bayani 'Arthur' Alonte of Biñan, Laguna, with the RTC-Branch 25 of Biñan,
Laguna;
"2. That the case has been pending for some time, on preliminary
issues, speci cally, (a) change of venue, led with the Supreme Court; (b)
propriety of the appeal to the Court of Appeals, and after its denial by said court,
brought to the O ce of the President, on the veracity of the ndings of the Five-
Man Investigating Panel of the State Prosecutor's O ce, and the Secretary of
Justice, and (c) a hold-departure order filed with the Biñan Court;
"3. That the legal process moves ever so slowly, and meanwhile, I have
already lost two (2) semesters of my college residence. And when the actual trial
is held after all the preliminary issues are nally resolved, I anticipate a still
indefinite suspension of my schooling to attend the hearings;
"4. That during the entire period since I led the case, my family has
lived a most abnormal life: my father and mother had to give up their jobs; my
younger brother, who is in fourth grade, had to stop his schooling, like myself;
"5. That I do not blame anyone for the long, judicial process, I simply
wish to stop and live elsewhere with my family, where we can start life anew, and
live normally once again;
"6. That I pray that I be allowed to withdraw my complaint for rape and
the other charge for child abuse wherein the Five-Man Investigating Panel of the
O ce of the State Prosecutor found a prima facie case although the information
has not been led, and that I will not at any time revive this, and related cases or
le new cases, whether criminal, civil, and or administrative, here or anywhere in
the Philippines;
"7. That I likewise realize that the execution of this A davit will put to
doubt my credibility as a witness-complainant;
"8. That this is my nal decision reached without fear or favor,
premised on a corresponding commitment that there will be no reprisals in
whatever form, against members of the police force or any other o cial of
o cer, my relatives and friends who extended assistance to me in whatever way,
in my search for justice.
"WHEREOF, I affix my signature this 25 day of June, 1997, in Quezon City.
"(Sgd) JUVIE-LYN Y. PUNONGBAYAN

Complainant
"Assisted by:
(Sgd) ATTY. REMEDIOS C. BALBIN
Private Prosecutor
"In the presence of:
(Sgd) PABLO PUNONGBAYAN
Father
(Sgd) JULIE Y. PUNONGBAYAN
Mother
"SUBSCRIBED AND SWORN to before me this 25 day of June, 1997, in
Quezon City.
"(Sgd) Illegible
Administering Officer" 2
On 28 June 1997, Atty. Ramon C. Casino, on behalf of petitioners, moved to have

the petition for change of venue dismissed on the ground that it had become moot in
view of complainant's a davit of desistance. On 22 August 1997, ACSP Guiyab led
his comment on the motion to dismiss. Guiyab asserted that he was not aware of the
desistance of private complainant and opined that the desistance, in any case, would
not produce any legal effect since it was the public prosecutor who had direction and
control of the prosecution of the criminal action. He prayed for the denial of the motion
to dismiss.
On 02 September 1997, this Court issued a Resolution (Administrative Matter
No. 97-1-12-RTC), granting the petition for change of venue. The Court said:
"These a davits give speci c names, dates, and methods being used to
abort, by coercion or corruption, the prosecution of Criminal Case No. 9619-B. It is
thus incorrect for oppositors Alonte and Concepcion to contend that the fear of
the petitioner, her private counsel and her witnesses are too generalized if not
fabricated. Indeed, the probability that in desisting from pursuing her complaint
for rape, petitioner, a minor, may have succumbed to some illicit in uence and
undue pressure. To prevent possible miscarriage of justice is a good excuse to
grant the petition to transfer the venue of Criminal Case No. 9619-B from Biñan,
Laguna to the City of Manila.
"IN VIEW WHEREOF, the Petition for Change of Venue from Biñan, Laguna
to the City of Manila is granted. The Executive Judge of RTC Manila is ordered to
ra e Crim. Case No. 9619-B to any of its branches. The judge to whom Crim.
Case No. 9619-B shall be ra ed shall resolve the petitioner's Motion to Resume
Proceedings led in Br. XXV of the RTC of Biñan, Laguna and determine the
voluntariness and validity of petitioner's desistance in light of the opposition of
the public prosecutor, Asst. Chief State Prosecutor Leonardo Guiyab. The branch
clerk of court of Br. XXV of the RTC of Biñan, Laguna is ordered to personally
deliver to the Executive Judge of Manila the complete records of Crim. Case No.
9619-B upon receipt of this Resolution." 3
On 17 September 1997, the case, now re-docketed Criminal Case No. 97-159955
by the Clerk of Court of Manila, was assigned by ra e to Branch 53, RTC Manila, with
respondent Judge Maximo A. Savellano, Jr., presiding.
On 07 October 1997, Juvie-lyn Punongbayan, through Attorney Balbin, submitted
to the Manila court a "compliance" where she reiterated "her decision to abide by her
Affidavit of Desistance."
In an Order, dated 09 October 1997, Judge Savellano found probable cause for
the issuance of warrants for the arrest of petitioners Alonte and Concepcion "without
prejudice to, and independent of, this Court's separate determination as the trier of
facts, of the voluntariness and validity of the [private complainant's] desistance in the
light of the opposition of the public prosecutor, Asst. Chief State Prosecutor Leonardo
Guiyab."
On 02 November 1997, Alonte voluntarily surrendered himself to Director
Santiago Toledo of the National Bureau of Investigation ("NBI"), while Concepcion,. in
his case, posted the recommended bail of P150,000.00.
On 07 November 1997, petitioners were arraigned and both pleaded "not guilty"
to the charge. The parties manifested that they were waiving pre-trial. The proceedings
forthwith went on. Per Judge Savellano, both parties agreed to proceed with the trial of
the case on the merits. 4 According to Alonte, however, Judge Savellano allowed the
prosecution to present evidence relative only to the question of the voluntariness and
validity of the affidavit of desistance. 5
It would appear that immediately following the arraignment, the prosecution
presented private complainant Juvie-lyn Punongbayan followed by her parents. During
this hearing, Punongbayan a rmed the validity and voluntariness of her a davit of
desistance. She stated that she had no intention of giving positive testimony in support
of the charges against Alonte and had no interest in further prosecuting the action.
Punongbayan con rmed: (i) That she was compelled to desist because of the
harassment she was experiencing from the media, (ii) that no pressures nor in uence
were exerted upon her to sign the a davit of desistance, and (iii) that neither she nor
her parents received a single centavo from anybody to secure the a davit of
desistance.
Assistant State Prosecutor Marilyn Campomanes then presented, in sequence:
(i) Punongbayan's parents, who a rmed their signatures on the a davit of desistance
and their consent to their daughter's decision to desist from the case, and (ii) Assistant
Provincial Prosecutor Alberto Nofuente, who attested that the a davit of desistance
was signed by Punongbayan and her parents in his presence and that he was satis ed
that the same was executed freely and voluntarily. Finally, Campomanes manifested
that in light of the decision of private complainant and her parents not to pursue the
case, the State had no further evidence against the accused to prove the guilt of the
accused. She, then, moved for the "dismissal of the case" against both Alonte and
Concepcion.
Thereupon, respondent judge said that "the case was submitted for decision." 6
On 10 November 1997, petitioner Alonte led an "Urgent Motion to Admit to
Bail." Assistant State Prosecutor Campomanes, in a Comment led on the same date,
stated that the State interposed "no objection to the granting of bail and in fact Justice
and Equity dictates that it joins the accused in his prayer for the granting of bail."
Respondent judge did not act on the application for bail.
On 17 November 1997, Alonte led anew an Urgent Plea to Resolve the Motion
for Bail. On even date, ASP Campomanes led a Manifestation deeming "it proper and
in accord with justice and fair play to Join the aforestated motion."
Again, the respondent judge did not act on the urgent motion.
The records would indicate that on the 25th November 1997, 1st December
1997, 8th December 1997 and 10th December 1997, petitioner Alonte led a Second,
Third, Fourth and Fifth Motion for Early Resolution, respectively, in respect of his
application for bail. None of these motions were acted upon by Judge Savellano.
On 17 December 1997, Attorney Philip Sigfrid A. Fortun, the lead counsel for
petitioner Alonte received a notice from the RTC Manila Branch 53, notifying him of the
schedule of promulgation, on 18 December 1997, of the decision on the case. The
counsel for accused Concepcion denied having received any notice of the scheduled
promulgation.
On 18 December 1997, after the case was called, Atty. Sigrid Fortun and Atty.
Jose Flaminiano manifested that Alonte could not attend the promulgation of the
decision because he was suffering from mild hypertension and was con ned at the NBI
clinic and that, upon the other hand, petitioner Concepcion and his counsel would
appear not to have been noti ed of the proceedings. The promulgation, nevertheless, of
the decision proceeded in absentia; the reading concluded:
"WHEREFORE, judgment is hereby rendered nding the two (2) accused
Mayor Bayani Alonte and Buenaventura 'Wella' Concepcion guilty beyond
reasonable doubt of the heinous crime of RAPE, as de ned and penalized under
Article 335(2) in relation to Article 27 of the Revised Penal Code, as amended by
Republic Act No. 7659, for which each one of the them is hereby sentenced to
suffer the indivisible penalty of RECLUSION PERPETUA or imprisonment for
twenty (20) years; and one (1) day to forty (40) years.
"In view thereof, the bail bond put up by the accused Buenaventura 'Wella'
Concepcion for his provisional liberty is hereby cancelled and rendered without
any further force and effect.
"SO ORDERED." 7
On the same day of 18th December 1997, petitioner Alonte led a motion for
reconsideration. Without waiting for its resolution, Alonte led the instant "Ex
Abundante Ad Cautelam" for certiorari, Prohibition, Habeas Corpus, Bail, Recusation of
respondent Judge, and for Disciplinary Action against an RTC Judge." Petitioner
Concepcion later filed his own petition for certiorariand mandamus with the Court.
Alonte submits the following grounds in support of his petition seeking to have
the decision nullified and the case remanded for new trial; thus:
"The respondent Judge committed grave abuse of discretion amounting to
lack or excess of jurisdiction when he rendered a Decision in the case a quo
(Annex A) without affording the petitioner his Constitutional right to due process
of law (Article III, §1, Constitution).
lack or excess of jurisdiction when he rendered a Decision in the case a quo in
violation of the mandatory provisions of the Rules on Criminal Procedure,
speci cally, in the conduct and order of trial (Rule 119) prior to the promulgation
of a judgment (Rule 120; Annex A).
lack or excess of jurisdiction when, in total disregard of the Revised Rules on
Evidence and existing doctrinal jurisprudence, he rendered a Decision in the case
a quo (Annex A) on the basis of two (2) a davits (Punongbayan's and Balbin's)
which were neither marked nor offered into evidence by the prosecution, nor
without giving the petitioner an opportunity to cross-examine the a ants thereof,
again in violation of petitioner's right to due process (Article III, §1, Constitution).

lack or excess of jurisdiction when he rendered a Decision in the case a quo
without conducting a trial on the facts which would establish that complainant
was raped by petitioner (Rule 119, Article III, §1, Constitution), thereby setting a
dangerous precedent where heinous offenses can result in conviction without trial
(then with more reason that simpler offenses could end up with the same result)."
8
On the other hand, Concepcion relies on the following grounds in support of his
own petition; thus:
"1. The decision of the respondent Judge rendered in the course of
resolving the prosecution's motion to dismiss the case is a patent nullity for
having been rendered without jurisdiction, without the benefit of a trial and in total
violation of the petitioner's right to due process of law.
"2. There had been no valid promulgation of judgment at least as far

as petitioner is concerned.
"3. The decision had been rendered in gross violation of the right of the
accused to a fair trial by an impartial and neutral judge whose actuations and
outlook of the case had been motivated by a sinister desire to ride on the crest of
media hype that surrounded this case and use this case as a tool for his ambition
for promotion to a higher court.
"4. The decision is patently contrary to law and the jurisprudence in so
far as it convicts the petitioner as a principal even though he has been charged
only as an accomplice in the information." 9
The petitions deserve some merit; the Court will disregard, in view of the case
milieu, the prematurity of petitioners' invocation, i e., even before the trial court could
resolve Alonte's motion for reconsideration.

The Court must admit that it is puzzled by the somewhat strange way the case
has proceeded below. Per Judge Savellano, after the waiver by the parties of the pre-
trial stage, the trial of the case did proceed on the merits but that —
"The two (2) accused did not present any countervailing evidence during
the trial. They did not take the witness stand to refute or deny under oath the truth
of the contents of the private complainant's aforementioned a davit which she
expressly a rmed and con rmed in Court, but, instead, thru their respective
lawyers, they rested and submitted the case for decision merely on the basis of
the private complainant's so called 'desistance' which, to them, was su cient
enough for their purposes. They left everything to the so-called 'desistance' of the
private complainant." 10
According to petitioners, however, there was no such trial for what was
conducted on 07 November 1997, aside from the arraignment of the accused, was
merely a proceeding in conformity with the resolution of this Court in Administrative
Case No. 97-1-12-RTC to determine the validity and voluntariness of the a davit of
desistance executed by Punongbayan.
It does seem to the Court that there has been undue precipitancy in the conduct
of the proceedings. Perhaps the problem could have well been avoided had not the
basic procedures been, to the Court's perception taken lightly. And in this shortcoming,
looking at the records of the case, the trial court certainly is not alone to blame.
Section 14, paragraphs (1) and (2), of Article III, of the Constitution provides the
fundamentals.
"(1) No person shall be held to answer for a criminal offense without
due process of law.
"(2) In all criminal prosecutions, the accused shall be presumed
innocent until the contrary is proved, and shall enjoy the right to be heard by
himself and counsel, to be informed of the nature and cause of the accusation
against him, to have a speedy, impartial, and public trial, to meet the witnesses
face to face, and to have compulsory process to secure the attendance of
witnesses and the production of evidence in his behalf. However, after
arraignment, trial may proceed notwithstanding the absence of the accused
provided that he has been duly notified and his failure to appear is unjustifiable."
Jurisprudence 1 1 acknowledges that due process in criminal proceedings, in

particular, require (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 given an
opportunity to be heard; and (d) that judgment is rendered only upon lawful hearing. 1 2
The above constitutional and jurisprudential postulates, by now elementary and
deeply imbedded in our own criminal justice system, are mandatory and indispensable.
The principles nd universal acceptance and are tersely expressed in the oft-quoted
statement that procedural due process cannot possibly be met without a "law which
hears before it condemns, which proceeds upon inquiry and renders judgment only
after trial." 1 3
The order of trial in criminal cases is clearly spelled out in Section 3, Rule 119, of
the Rules of Court; viz:
"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 lawful defense, the order of trial
may be modified accordingly."
In Tabao vs . Espina, 14 the Court has underscored the need to adhere strictly to
the above rules. It reminds that —
". . . each step in the trial process serves a speci c purpose. In the trial of
criminal cases, the constitutional presumption of innocence in favor of an
accused requires that an accused be given su cient opportunity to present his
defense. So, with the prosecution as to its evidence.
"Hence, any deviation from the regular course of trial should always take
into consideration the rights of all the parties to the case, whether in the
prosecution or defense. In the exercise of their discretion, judges are sworn not
only to uphold the law but also to do what is fair and just. The judicial gavel
should not be wielded by one who has an unsound and distorted sense of justice
and fairness. 1 5
While Judge Savellano has claimed in his Comment that —

"Petitioners-accused were each represented during the hearing on 07
November 1997 with their respective counsel of choice. None of their counsel
interposed an intention to cross-examine rape victim Juvielyn Punongbayan, even
after she attested, in answer to respondent judge's clari catory questions, the
voluntariness and truth of her two a davits — one detailing the rape and the
other detailing the attempts to buy her desistance; the opportunity was
missed/not used, hence waived. The rule of case law is that the right to confront
and cross-examine a witness 'is a personal one and may be waived."' (emphasis
supplied) —
It should be pointed out, however, that the existence of the waiver must be positively
demonstrated. The standard of waiver requires that it "not only must be voluntary, but
must be knowing, intelligent, and done with su cient awareness of the relevant
circumstances and likely consequences." 16 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. 17 The Solicitor General has aptly discerned a
few of the deviations from what otherwise should have been the regular course of trial:
(1) Petitioners have not been directed to present evidence to prove their defenses nor
have dates therefor been scheduled for the purpose; 18 (2) the parties have not been
given the opportunity to present rebutting evidence nor have dates been set by
respondent Judge for the purpose; 19 and (3) petitioners have not admitted the act
charged in the Information so as to justify any modification in the order of trial. 20 There
can be no short-cut to the legal process, and there can be no excuse for not affording
an accused his full day in court. Due process, rightly occupying the rst and foremost
place of honor in our Bill of Rights, is an enshrined and invaluable right that cannot be
denied even to the most undeserving.
This case, in ne, must be remanded for further proceedings. And, since the case
would have to be sent back to the court a quo, this ponencia has carefully avoided
making any statement or reference that might be misconstrued as prejudgment or as
pre-empting the trial court in the proper disposition of the case. The Court likewise
deems it appropriate that all related proceedings therein, including the petition for bail,
should be subject to the proper disposition of the trial court. LLpr
Nevertheless, it is needful to stress a few observations on the a davit of

desistance executed by the complainant.
Firstly, the a davit of desistance of Juvie-Lyn Punongbayan, hereinbefore

quoted, does not contain any statement that disavows the veracity of her complaint
against petitioners but merely seeks to "be allowed to withdraw" her complaint and to
discontinue with the case for varied other reasons. On this subject, the case of People
vs. Junio, 2 1 should be instructive. The Court has there explained:
"The appellant's submission that the execution of an A davit of
Desistance by complainant who was assisted by her mother supported the
'inherent incredibility of prosecution's evidence' is specious. We have said in so
many cases that retractions are generally unreliable and are looked upon with
considerable disfavor by the courts. The unreliable character of this document is
shown by the fact that it is quite incredible that after going through the process of
having accused-appellant arrested by the police, positively identifying him as the
person who raped her, enduring the humiliation of a physical examination of her
private parts, and then repeating her accusations in open court by recounting her
anguish, Maryjane would suddenly turn around and declare that '[a]fter a careful
deliberation over the case, (she) nd(s) that the same does not merit or warrant
criminal prosecution.'
"Thus, we have declared that at most the retraction is an afterthought
which should not be given probative value. It would be a dangerous rule to reject
the testimony taken before the court of justice simply because the witness who
has given it later on changed his mind for one reason or another. Such a rule will
make a solemn trial a mockery and place the investigation at the mercy of
unscrupulous witnesses. Because a davits of retraction can easily be secured
from poor and ignorant witnesses, usually for monetary consideration, the Court
has invariably regarded such a davits as exceedingly unreliable. [Flores vs.
People, 211 SCRA 622, citing De Guzman vs. Intermediate Appellate Court, 184
SCRA 128; People vs. Galicia, 123 SCRA 550.] 2 2
The Junio rule is no different from ordinary criminal cases. For instance, in People
vs. Ballabare, 2 3 a murder case, the Court has ruled:
"The contention has no merit. To begin with, the A davit executed by
eyewitness Tessie Asenita is not a recantation. To recant a prior statement is to
renounce and withdraw it formally and publicly. [36 WORDS AND PHRASES 683,
citing Pradlik vs. State, 41-A 2nd, 906, 907.] In her a davit, Tessie Asenita did not
really recant what she had said during the trial. She only said she wanted to
withdraw her testimony because her father, Leonardo Tacadao, Sr., was no longer
interested in prosecuting the case against accused-appellant. Thus, her a davit
stated:
"3. That inasmuch as my father, Leonardo Tacadao, Sr., the

complainant therein, was no longer interested to prosecute the case as
manifested in the Sworn A davit of Desistance before the Provincial
Prosecutor, I do hereby WITHDRAW and/or REVOKE my testimony of
record to confirm (sic) with my father's desire;
"It is absurd to disregard a testimony that has undergone trial and scrutiny
by the court and the parties simply because an a davit withdrawing the
testimony is subsequently presented by the defense. In the rst place, any
recantation must be tested in a public trial with su cient opportunity given to the
party adversely affected by it to cross-examine the recanting witness. In this case,
Tessie Asenita was not recalled to the witness stand to testify on her a davit.
Her a davit is thus hearsay. It was her husband, Roque Asenita, who was
presented and the matters he testi ed to did not even bear on the substance of
Tessie's a davit. He testi ed that accused-appellant was not involved in the
perpetration of the crime.
"In the second place, to accept the new evidence uncritically would be to
make a solemn trial a mockery and place the investigation at the mercy of
unscrupulous witnesses. [De Guzman vs. Intermediate Appellate Court, 184 SCRA
128, 134, citing People vs. Morales, 113 SCRA 683.] For even assuming that
Tessie Asenita had made a retraction, this circumstance alone does not require
the court to disregard her original testimony. A retraction does not necessarily
negate an earlier declaration. [People vs. Davatos, 229 SCRA 647.] For this reason,
courts look with disfavor upon retractions because they can easily be obtained
from witnesses usually through intimidation or for monetary considerations.
[People vs. Clamor, 198 SCRA 642.] Hence, when confronted with a situation
where a witness recants his testimony, courts must not automatically exclude the
original testimony solely on the basis of the recantation. They should determine
which testimony should be given credence through a comparison of the original
testimony and the new testimony, applying the general rules of evidence. [Reano
vs. Court of Appeals, 165 SCRA 525.] In this case we think the trial court correctly
ruled." 2 4
It may not be amiss to state that courts have the inherent power to compel the
attendance of any person to testify in a case pending before it, and a party is not
precluded from invoking that authority. 2 5
Secondly, an a davit of desistance by itself, even when construed as a pardon in
the so-called "private crimes," is not a ground for the dismissal of the criminal case
once the action has been instituted. The a davit, nevertheless, may, as so earlier
intimated, possibly constitute evidence whose weight or probative value, like any other
piece of evidence, would be up to the court for proper evaluation. The decision in Junio
went on to hold —
"While '[t]he offenses of seduction, abduction, rape or acts of
lasciviousness, shall not be prosecuted except upon a complaint led by the
offended party or her parents, grandparents, or guardian, nor in any case, if the
offender has been expressly pardoned by the above named persons, as the case
may be,' [Third par. of Art. 344, The Revised Penal Code,] the pardon to justify the
dismissal of the complaint should have been made prior to the institution of the
criminal action. [People vs. Entes, 103 SCRA 162, cited by People vs. Soliao, 194
SCRA 250, which in turn is cited in People vs. Villorente, 210 SCRA 647.] Here, the
motion to dismiss to which the a davit of desistance is attached was led after
the institution of the criminal case. And, a ant did not appear to be serious in
'signifying (her) intention to refrain from testifying' since she still completed her
testimony notwithstanding her earlier a davit of desistance. More, the a davit
is suspect considering that while it was dated 'April 1992,' it was only submitted
sometime in August 1992, four (4) months after the Information was led before
the court a quo on 6 April 1992, perhaps dated as such to coincide with the actual
filing of the case." 2 6
In People vs. Miranda, 2 7 applying the pertinent provisions of Article 344 of the
Revised Penal Code which, in full, states -
"Art. 344. Prosecution of the crimes of adultery, concubinage,
seduction, abduction, rape, and acts of lasciviousness. The crimes of adultery
and concubinage shall not be prosecuted except upon a complaint led by the
offended spouse.
"The offended party cannot institute criminal prosecution without including

both the guilty parties, if they are both alive, nor, in any case, if he shall have
consented or pardoned the offenders.
"The offenses of seduction, abduction, rape or acts of lasciviousness, shall
not be prosecuted except upon a complaint led by the offended party or her
parents, grandparents, or guardian, nor, in any case, if the offender has been
expressly pardoned by the above named persons, as the case may be.
"In cases of seduction, abduction, acts of lasciviousness and rape, the
marriage of the offender with the offended party shall extinguish the criminal
action or remit the penalty already imposed upon him. The provisions of this
paragraph shall also be applicable to the co-principals, accomplices and
accessories after the fact of the above-mentioned crimes."
the Court said:

"Paragraph 3 of the legal provision above quoted prohibits a prosecution
for seduction, abduction, rape, or acts of lasciviousness, except upon a complaint
made by the offended party or her parents, grandparents, or guardian, nor, in any
case, if the offender has been expressly pardoned by the above-named persons,
as the case may be. It does not prohibit the continuance of a prosecution in the
offended party pardons the offender after the cause has been instituted, nor does
it order the dismissal of said cause. The only act that according to article 344
extinguishes the penal action and the penalty that may have been imposed is the
marriage between the offender and the offended party." 28
I n People vs. Infante, 29 decided just a little over a month before Miranda, the
Court similarly held:
"In this court, after the case had been submitted, a motion to dismiss was
led on behalf of the appellant predicated on an a davit executed by Manuel
Artigas, Jr., in which he pardoned his guilty spouse for her in delity. But this
attempted pardon cannot prosper for two reasons. The second paragraph of
article 344 of the Revised Penal Code which is in question reads: 'The offended
party cannot institute criminal prosecution without including both the guilty
parties, if they are both alive, nor, in any case, if he shall have consented or
pardoned the offenders.' This provision means that the pardon afforded the
offenders must come before the institution of the criminal prosecution, and
means, further, that both the offenders must be pardoned by the offended party.
To elucidate further, article 435 of the old Penal Code provided: 'The husband
may at any time remit the penalty imposed upon his wife. In such case the
penalty imposed upon the wife's paramour shall also be deemed to be remitted.'
These provisions of the old Penal Code became inoperative after the passage of
Act No. 1773, section 2, which had the effect of repealing the same. The Revised
Penal Code thereafter expressly repealed the old Penal Code, and in so doing did
not have the effect of reviving any of its provisions which were not in force. But
with the incorporation of the second paragraph of article 344, the pardon given by
the offended party again constitutes a bar to the prosecution for adultery. Once
more, however, it must be emphasized that this pardon must come before the
institution of the criminal prosecution and must be for both offenders to be
effective — circumstances which do not concur in this case." 3 0
The decisions speak well for themselves, and the Court need not say more than
what it has heretofore already held.
Relative to the prayer for the disquali cation of Judge Savellano from further
hearing the case, the Court is convinced that Judge Savellano should, given the
circumstances, be best excused from the case. Possible animosity between the
personalities here involved may not all be that unlikely. The pronouncement of this
Court in the old case of Luque vs. Kayanan 31 could again be said: All suitors are
entitled to nothing short of the cold neutrality of an independent, wholly-free
disinterested and unbiased tribunal. Second only to the duty of rendering a just decision
is the duty of doing it in a manner that will not arouse any suspicion as to the fairness
and integrity of the Judge. 32 It is not enough that a court is impartial, it must also be
perceived as impartial.
The Court cannot end this ponencia without a simple reminder on the use of
proper language before the courts. While the lawyer in promoting the cause of his client
or defending his rights might do so with fervor, simple courtesy demands that it be
done within the bounds of propriety and decency. The use of intemperate language and
unkind ascriptions hardly can be justi ed nor can have a place in the dignity of judicial
forum. Civility among members of the legal profession is a treasured tradition that
must at no time be lost to it.
Finally, it may be opportune to say, once again, that prosecutors are expected not
merely to discharge their duties with the highest degree of excellence, professionalism
and skill but also to act each time with utmost devotion and dedication to duty. 33 The
Court is hopeful that the zeal which has been exhibited many times in the past, although
regrettably a disappointment on few occasions, will not be wanting in the proceedings
yet to follow.
WHEREFORE, conformably with all the foregoing, the Court hereby RULES that —
(a) The submission of the "A davit of Desistance," executed by Juvie-
Lyn Y. Punongbayan on 25 June 1997, having been led AFTER the
institution of Criminal Case No. 97-159935, DOES NOT WARRANT
THE DISMISSAL of said criminal case;
(b) For FAILURE OF DUE PROCESS, the assailed judgment, dated 12
December 1997, convicting petitioners is declared NULL AND VOID
and thereby SET ASIDE; accordingly, the case is REMANDED to the
trial court for further proceedings; and
(c) Judge Maximo A. Savellano, Jr., presiding Judge of Branch 53 of the
Regional Trial Court of Manila, is ENJOINED from further hearing
Criminal Case No. 97-159935; instead, the case shall immediately be
scheduled for ra e among the other branches of that court for
proper disposition .
No special pronouncement on costs.
SO ORDERED.
Melo, Kapunan, Martinez, Quisumbing and Purisima, JJ ., concur.
Narvasa, C .J ., took no part: related to one of counsel.
Separate Opinions
PUNO , J ., concurring and dissenting :
The facts are critical and need to be focused. Petitioners were charged with rape
in Criminal Case No. 15993 which was ra ed to Br. 25 of the RTC of Biñan, Laguna. The
charge is principally based on the following a davit dated October 31, 1996 of Ms.
Juvie-Lyn Punongbayan, a 16-year old minor, viz.:
REPLY-AFFIDAVIT
(TUGON SA MGA SALAYSAY NILA MAYOR BAYANI ALONTE, WELLA
CONCEPCION, RICARDO LACAYAN at JAIME MENDOZA)
Ako si JUVIE-LYN Y. PUNONGBAYAN, Filipino, walang asawa, 16 years old,

at kasalukuyang nasa pangangalaga ng Department of Social Welfare and
Development, matapos makapanumpa ayon sa batas, ay nagsasaad:
1. Wala pong katotohanan ang lahat nakasaad sa mga salaysay ni

Mayor Bayani Alonte at Buenaventura "Wella" Concepcion, ng kanilang mga
testigo na sila Ricardo (Ading) Lacayan y Aguilar at Jaime Bagtas Mendoza.
2. Ang totoo po ay inabuso ako ni Mayor nung September 12, 1996,
katulad nga ng naihayag ko na sa aking sinumpaang salaysay. Ayon sa driver ng
tricycle na nasakyan ko pagkatapos ng insidente, hindi lang po ako, kundi
marami pa pong babae ang inabuso ni Mayor. Sabi pa nga ng driver ay naaawa
siya sa akin, at lumaban daw ako. Tinawagan ko na rin po ang lahat ng mga
babae na naging biktima ni Mayor; wag silang matakot, lumabas at ilahad ang
pangaabuso ni Mayor.
Ang detalya nung panggagahasa
ni Alonte at ang partisipasyon

ni Wella Concepcion
3. Nakalahad po sa sumusunod na talata ang detalya ng pang-aabuso

sa akin ni Mayor. Pinakikita rin dito kung paano siya nakipagsabwatan kay Wella
Concepcion. Sa pamamagitan nito ay mapapabulaanan na rin ang mga
nakasaad sa salaysay nila at ng mga testigo nila.
4. Nakilala ko si Wella Concepcion, dance instructor, nung bandang
last week ng August 1996. Noon ay naghahanda ako para sa "Miss Education"
beauty contest sa Perpetual Help College of Laguna. Doon ako nag-aaral. First
year college ako, at education ang kursong pinili ko. Ang nasabing contest ay
ginanap nung Sept. 20, 1996. Kapag nagkikita kami ni Wella para sa ensayo,
nagkukuwentuhan din kami, at nabanggit niya na may kaibigan siyang bakla na
nagdadala ng babae kay Mayor Alonte. Waway daw ang pangalan ng bakla.
Hindi ko pa kilala si Waway noon.
5. Nung Sept. 7, niyaya ako ni Wella na sumali sa dance contest sa

"Sang Linggo NAPO SILA" sa Channel 2, na itatanghal sa Sept. 11, 1996. Wala na
daw po akong aalalahanin. Siya daw ang bahala sa costume at transportation.
Pumayag ang nanay ko, dahil wala na kaming gagastusin. Hindi ko tinanong kay
Wella kung saan galing ang costume. Akala ko may ipapagamit lang siya sa
akin.
6. Nung Sept. 8, pinakilala ni Wella si Waway sa akin. Si Waway ang

nagturo sa amin ng sayaw para sa TV contest. Mula nung araw na yon hanggang
Sept. 10 ay nagsanay kami sa bahay ng kapatid ni Waway sa St. Francis
Subdivision, Biñan, Laguna. Tatlo kami sa dance group: ako at ang dalawang
lalaki na ipinakilala sa akin ni Waway: si Melchor at Darius.
7. Nagpunta kami sa studio sa Delta nung Sept. 11. Bago kami

magsayaw, habang inaayos ni Wella yung damit ko, sinabi niya na dapat manalo
kami dahil si Mayor Alonte daw ang nag-sponsor ng costume namin. Noon ko
lang ito nalaman. Hindi kami nanalo sa contest, pero nagkaroon pa rin kami ng
premyong P1,500.00 na pinaghatian namin.
8. Pagkatapos ng contest, at nung nakapagpalit na ako ng damit,

binabalik ko kay Wella ang costume ko. Sabi niya iuwi ko daw ito dahil gagamitin
ko ito sa Miss Education contest, sa presentation ng mga candidates. Mula sa
studio, nagpunta kaming lahat sa isang kainan sa tapat ng Delta at, pagkatapos
namin kumain, humiwalay yung ibang kasama namin.
9. Dinala ako ni Wella sa isang department store at binili niya ako ng

sandals. Inikot niya ako sa lugar na yon at binili niya ako ng pagkain. Tapos ay
sumakay kami ng bus pauwi sa Laguna. Nung nasa bus kami, niyaya ako ni
Wella na magpunta sa bahay ni Mayor para magpasalamat ng personal para sa
costume namin. Pumayag ako at sabi ko kay Wella na sunduin niya ako sa
bahay ng 10:00 a.m. sa susunod na araw, Sept. 12. Nakarating ako sa bahay ng
5:00 p.m. ng araw na yon, Sept. 11.
10. Nung Sept. 12, hinintay ko si Wella ng 10:00 a.m. Nung hindi siya
dumating umalis kami ng Tita ko dahil sinamahan ko siya sa health center.
Sumunod pala si Wella doon, pero hindi kami nagkita kasi saglit lang kami doon.
Bumalik siya sa bahay, at doon na kami nagkita. Tapos ay umalis kami ni Wella
papunta kay Mayor. Tumawid kami ng kalye, at pumara ako ng tricycle. Pero
kahit marami na akong pinara, ayaw ni Wella na sumakay doon. Maya-maya,
may tricycle na dumating na hindi naman pinara ni Wella. Basta huminto na lang
sa harap namin. Doon kami sumakay ni Wella. Si Wella ang nagturo sa driver
kung saan kami pupunta. Nag-uusap sila ng driver habang papunta kami kay
Mayor.
11. Bumaba kami sa tapat ng bahay na bukas ang gate. May

swimming pool sa loob, alam na alam ni Wella and pasikot-sikot nang bahay
tuloy-tuloy siya sa loob at sumunod naman ako. Wala kaming taong nakita, pero
bukas pati yung pintuan ng bahay. Dinala ako ni Wella sa sala. Napakaganda ng
loob ng bahay. Mayroong wallpaper na may design na leaves and owers; may
carpet sa sahig. May mahabang hagdan patungo sa dalawang pintuan.
12. Tinanong ko kay Wella kung nasaan si Mayor. Sabi niya ay nasa
munisipyo daw; darating na daw maya-maya. Pagkaraan ng mga 15 minutes,
dumating si Mayor na nakasakay sa green na kotse. Lumabas siya sa kaliwang
pintuan sa harap ng kotse. Wala siyang kasama.
13. Pumasok si Mayor sa loob ng bahay. Naghubad siya ng sapatos.
Sabi ni Wella: "Mayor, si Juvie; Juvie si Mayor."
14. Umupo si Mayor sa tabi ko. Kinamayan niya ako at sinabi niya: "Hi,
I'm Arthur" sabay hinalikan niya sa ako sa lips. Hindi ako naka-react dahil nagulat
at kinabahan ako.
15. Nagmamadaling nagpaalam si Wella. Kinuha ni Mayor ang wallet

sa bulsa sa likod ng kanyang pantalon. Dumukot siya ng P1,000 na buo. Inabot
niya ito kay Wella. Patayo na ako pero hinawakan ni Mayor ang braso ko. Wag
daw akong sasama kay Wella. Sinabi ko kay Wella na wag niya akong iiwanan,
pero parang wala siyang narinig. Basta tuloy-tuloy siyang umalis.
16. Nung kami na lang ni Mayor ang natira, pinainom niya ako ng
mineral water. Uminom ako dahil nauuhaw ako. Nanlabo ang paningin ko at
nanghina ako.
17. Nawalan ako ng malay. Ang sumunod ko na lang na natatandaan
ay nandoon na ako sa kwarto. Wala akong damit. Nakadagan si Mayor sa akin.
May malaking salamin sa pader. Doon ko nakita na walang kadamit-damit si
Mayor.
18. Hawak ako ni Mayor sa magkabilang braso. Pinipisil niya ito kaya
nagkaroon ako ng pasa sa kaliwang braso (at ito ay nawala lang pagkatapos ng
tatlong araw).
19. Naramdaman ko na pilit na pinasok ni Mayor ang ari niya sa aking

ari. Nasaktan ako. Nagmakaawa ako. Umiiyak ako nung sinabi ko sa kanya na
tigilan niya ako; nasasaktan ako; may anak rin siyang babae. Sabi niya wag daw
akong maingay at i-embrace ko na lang daw siya. Lalo akong umiyak dahit
nandidiri ako sa kanya, at sa ginagawa niya sa akin. Naghalo ang galit, pandidiri
at takot. Wala akong magawa kundi magmakaawa. Hindi ko siya maitulak dahil
nanghihina ako, nakadagan siya sa akin, mataba siya, at hawak-hawak niya ang
braso ko. Pero kahit nagmamakaawa ako, tinuloy pa rin niya at pinasok niya ulit
ang ari niya sa aking ari.
20. Maya-maya ay tumigil siya. Tumayo siya at sabi niya: "ang panty
mo, nasa tabi mo." Kinuha ko ang panty ko, tumayo ako at sinuot ko ito. Hinanap
ko ang damit ko, at nakita ko ang walking shorts, bra at t-shirt ko sa sahig.
Pinulot ko ito at sinuot ko. Habang sinusuot ko, umiiyak pa rin ako. Pagkatapos
kong magbihis, umupo ako sa mahabang upuan sa may gilid ng kama.
21. Samantala, pagkatapos sabihin ni Mayor na nasa tabi ko ang
panty ko, nagpunta siya sa banyo na transparent ang pinto. Wala siyang suot
pagpunta niya doon. Paglabas niya, nakasuot na siya ng checkered brief na kulay
black and white. Pumunta siya sa kabilang gilid ng kama. Kinuha niya ang damit
niya na nakahanger sa pader. Sinuot niya ito. Lumabas siya ng kwarto. Hindi
nagtagal ay pumasok siya ulit at sinabi niya na nandiyan na daw ang sundo ko.
22. Tumayo ako. Sinabi ko na aalis na ako. Nung papunta na ako sa
pintuan, lumapit si Mayor sa akin. May hawak-hawak siyang dalawang pirasong
P1,000. Tiniklop niya ito; binaba niya yung neckline ng t-shirt ko, at pinasok niya
ang pera sa aking bra. Nagalit ako. Kinuha ko ang pera at tinapon ko ito sa
kanya. Sabi ko hindi ako bayarang babae. Nagalit siya at pinagbantaan ako. Sabi
niya: "Pag nagsalita ka, alam mo na kung ano ang mangyayari sa iyo." Tiningnan
ko siya, at umalis ako pababa.
23. Mayroon tricycle na nakaabang sa labas. Sumunod si Mayor.

Lumapit siya sa driver at binigyan niya ito ng P100. Tapos ay umalis na kami.
24. Umiiyak pa rin ako nung nasa tricycle. Sabi ko sa driver na
ginahasa ako ni Mayor. Sabi niya masuwerte daw ako at maaga akong pinauwi
dahil yung mga ibang babae daw na dinadala kay Mayor ay pinauwi ng
madaling-araw o hating-gabi. Minsan, dalawa o tatlo pa nga daw ang dinadala
doon, at yung iba ay naka-uniform pa. Naaawa daw siya sa akin, kaya
magsumbong daw ako. Nakokonsensiya daw siya dahil isa siya sa dalawang
tricycle driver na naghahatid ng mga babae doon. Sabi pa nga niya, babae din
daw ang ina niya, kaya din siya nakokonsensiya. Dinagdag pa niya na kung may
kasiyahan kina Mayor, isang van ng mga babae ang nadoon. Pagdating namin
sa bahay ng Lola ko, sabi niya bago siya umalis: "Lumaban ka."
On December 13, 1996, the private complainant thru her counsel, Atty. Remedios
C. Balbin and Asst. Chief State Prosecutor Leonardo Guiab, Jr., of the Department of
Justice petitioned this Court for a change of venue. They cited as ground the great
danger to the lives of both the private complainant, the immediate members of her
family, and their witnesses as they openly defy the principal accused, Mayor Alonte who
is acknowledged as a powerful political gure and almost an institution in Biñan,
Laguna . . ."
On March 31, 1997, the private complainant, thru the then Secretary of Justice,
the Honorable Teo sto Guingona and Chief State Prosecutor Jovencio Zuno led a
Manifestation and Motion for the early resolution of the petition for change of venue.
They submitted the a davits of the private complainant, her counsel Atty. Remedios C.
Balbin, Dolores Mercado-Yambao, Bienvenido Salandanan and Evelyn Celso to prove
their allegation that they "are exposed to kidnapping, harassment, veiled threats and
tempting offers of bribe money — all intended to extract an 'a davit of desistance'
from the private complainant." Worth bright lining are the two (2) a davits of Atty.
Remedios C. Balbin, counsel for the private complainant, relating the fantastic amount
of P10M bribe money allegedly offered to her. The rst a davit dated February 24,
1997 states:
I. Remedios C. Balbin, of legal age, Filipino, married, with residence at
#5 Uranus Street, Congressional Avenue Subdivision, Quezon City, after having
duly sworn in accordance with law, depose and say:
1. That I am the Private Prosecutor in Criminal Case No. 96-19-B for

rape, led with the Biñan RTC, Branch 25, entitled 'People of the Philippines vs.
Bayani Arthur Alonte, et al.;
2. That as Private Prosecutor, it is my avowed duty to be faithful to the

interests of my client, Ms. Juvie-lyn Punongbayan;
3. That on several occasions, I was visited at my O ce at the Quezon
City Hall Compound, by a lawyer who introduced himself as Atty. Leo C. Romero,
representing the Accused Mayor Bayani Arthur Alonte;
4. That my calendar at the People's Bureau, Quezon City Hall, shows
that he came to see me about eight (8) times, but we talked only about three (3)
times because I was always busy attending to the problems of Quezon City's
urban poor and the landowners of private properties illegally occupied by them;
5. That in two (2) occasions, Atty. Romero conveyed to me the
message of Mayor Alonte, namely, to drop the rape case against him, and that he
would give a consideration of Ten Million Pesos (P10 Million) to be apportioned
as follows:
Five Million Pesos (P5M) — for the Private Complainant
Three Million Pesos (P3M) — for me as Private Prosecutor

Two Million Pesos (P2M) — for him as the mediator
6. That I explained to Atty. Romero that money does not matter at all
to the Complainant and her family even if they have very modest means; that they
want justice, which means a conviction for the charge of rape;
7. That I also explained to Atty. Romero that the money he was
offering me was of no consequence to me because I had access to the resources
of my two (2) daughters, both of whom are in the medical eld abroad, and of Mr.
Filomeno Balbin, Labor Attache then assigned in Riyadh;
8. That I told him that I cannot be tempted with his offer because
spiritual consideration are more important to me than the material. Also, that I
usually handle cases pro bono (at abunado pa) where the litigant is in dire need
of legal assistance but cannot afford to pay for the lawyer's fees, as in Juvie-lyn's
case;
9. That I gave Atty. Romero a copy of the decision of the Supreme
Court promulgated December 10, 1996, entitled "People of the Philippines vs.
Robert Cloud" (GR No. 119359; Crim. Case No. Q-90-12660) for parricide involving
the death of a 2 1/2 year old boy. I wrote on page one of the xerox copy of the
decision: 'To Atty. Leo Romero — so you will understand,' and to which I a xed
my signature.
10. That I told him explicitly: 'we cannot simplify the entire
proceedings. You advise Mayor Alonte to surrender (one mitigating
circumstance), plead guilty (another mitigating circumstance), get a conviction
and suffer the corresponding penalty. Otherwise, we have nothing to talk about.'
11. That I emphasized that his suggestion for Mayor Alonte to plead
guilty to 'act of lasciviousness' merely was ridiculous;
12. That when the Complainant's A davit on the offer of Ms. Emily
Vasquez for a valuable consideration in exchange for an a davit of desistance
in the rape was exposed by media, Atty. Romero came to see me and thanked me
for not exposing him in similar fashion. I assured him that he will not be an
exception and that I was just too busy then to execute an a davit on the matter,
as I do now;
13. That I have not received other similar offers of valuable material
consideration from any other person, whether private party or government o cial.
However, I have been separately advised by several concerned persons that I was
placing my personal safety at great risk. The victim's family will have great
di culty in nding another lawyer to 'adopt' them in the way I did, which gives
them strength to pursue their case with con dence and the accused Mayor is
aware that I am the obstacle to an out-of-court settlement of the case. Also, that I
had my hands full, as it is, as the Head of the QC People's Bureau, Housing
Development Center, and Special Task Force on Squatting and Resettlement, and
the numerous cases led by me or against me, connected with my performance
of o cial duties, and I should not add more legal problems despite my authority
to engage in private law practice.
14. That this a davit is executed in order to put on record the attempt
to in uence me directly, in exchange for valuable consideration to drop the rape
charge against Mayor Bayani Arthur Alonte.
February 24, 1997, City of Manila.
SGD. REMEDIOS C. BALBIN

REMEDIOS C. BALBIN
SUBSCRIBED AND SWORN to before me this 26th day of March, 1997,
Metro Manila.
Community Tax Certificate - 5208733
Date Issue 2-10-97
Quezon City
NOTARY PUBLIC
SGD. JUANITO L. GARCIA
ATTY. JUANITO L. GARCIA

NOTARY PUBLIC
UNTIL Dec. 31, 1997
PTR No. 63-T-033457

ISSUED AT MLA. ON 1-2-97
TAN-161-570-81
Doc. No. 950;
Page No. 170;
Series of 1997."
In her second A davit dated March 26, 1997, Atty. Balbin declared in no uncertain
language that the bribe offer for private complainant to make a desistance was
increased from P10,000,000.00 to P20,000,000.00, viz:
"REPUBLIC OF THE PHILIPPINES )
CITY OF MANILA ) s.s.
"AFFIDAVIT
"I, REMEDIOS C. BALBIN, of legal age, Filipino, married, and with postal
address at No. 5 Uranus Street, Congressional Avenue Subdivision, Quezon City,
after having duly sworn in accordance with law, depose and say:
"1. That I am the Private Prosecutor in the rape case led by the minor
Juvie-Lyn Punongbayan against Mayor Bayani Arthur Alonte of Biñan, Laguna;
"2. That earlier, I reported to Secretary Teo sto Guingona, State
Prosecutor Jovencio R. Zuno, Asst. Chief State Prosecutor Leonardo Guiyab, Jr.,
and Director Jude Romano of the Witness Protection Program, the instances of
offers of substantial amounts amounting to several millions, to my client, to her
relatives, including her maternal grandmother, and to myself;
"3. That despite the published declaration by the Department of

Justice of its determination to prosecute those who offered the bribes, new
emissaries of Mayor Alonte persist in making offers, as follows:
"a. On Thursday, March 6, 1997, at about 3:15 o'clock in the

afternoon, Atty. Dionisio S. Daga came to see me at my o ce at the
People's Bureau, O ce of the Mayor, of Squatting case which I led
against his clients;
"b. That after a brief exchange on the status of the case, he

confided to me his real purpose; cdrep
"c. That he started off by saying that he was the legal counsel
of the gambling lords of Malabon for which he gets a monthly retainer of
fteen thousand pesos (P15,000.00), exclusive of transportation expenses,
etc.;
"d. The he also stated that the network of gambling lords
throughout the country is quite strong and unified;
"e. That I then asked him: 'What do you mean — is Alonte into
gambling too? that he is part of the network you speak of?'
"f. That Atty. Daga did not reply but instead said: 'they are
prepared to double the offer made to you by Atty. Romero which was
published in the newspapers' at P10 Million;
"g. That I told him that all the money in the world will not make
me change my position against my client's executing a desistance, and
that only Alonte's voluntary surrender, plea of guilty in rape, conviction and
the imposition of the corresponding penalty will satisfy the ends of justice;
"h. That I told him that my client's case is not isolated, there
being ve (5) other minors similarly placed; and Alonte should be stopped
from doing more harm;
"i. That Atty. Daga then told me in Pilipino 'if you do not accede
to a desistance, then, they will be forced to . . .'.
"j. That because he did not complete his sentence, I asked him
directly: 'What do you mean? What do you intend to do? And he replied: Go
on with the case; Buy the Judge.'
"k. That unbelieving, I reacted, saying; 'but they have already
done so, Judge Francisco at Biñan suddenly changed his attitude towards
the Prosecution. Perhaps, you are referring to the next Judge when the
petition for change of venue is finally granted?'
"l. That Atty. Daga did not reply, and he reiterated that his
principals, referring to them again as 'gambling lords,' want a desistance,
after which he excused himself and left.
"4. That I execute this Affidavit to attest to the truth of the incident with
Atty. Dionisio S. Daga which occurred in the afternoon of March 6, 1997, at my
O ce, stressing herein my surprise over his daring in making yet another
monetary offer to me in exchange for my client's desistance, and my feeling of
fear for the first time since I started 'handling' this case against Alonte;
"5. That despite what I perceived as veiled threats of Atty. Daga, I will
seek justice in behalf of Juvie-Lyn Punongbayan, with the indispensable
initiatives, participation and support of the Department of Justice under Secretary
Teofisto Guingona.
"FURTHER AFFIANT SAYETH NAUGHT.
SGD. REMEDIOS C. BALBIN
ATTY. REMEDIOS C. BALBIN
Affiant
"REPUBLIC OF THE PHILIPPINES )
CITY OF MANILA ) s.s.
SUBSCRIBED AND SWORN TO BEFORE ME this 26th day of March, 1997.
Community Tax Certificate — 5208733

Date Issued 2-10-97
Quezon City
NOTARY PUBLIC
SGD. JUANITO L. GARCIA

ATTY. JUANITO L. GARCIA
NOTARY PUBLIC
UNTIL Dec. 31, 1997

PTR No. 63-T-033457
ISSUED AT MLA. ON 1-2-87
TAN-161-570-81
Doc. No. 948;
Book No. 190;
Page No. XLIII;
Series of 1997."
After the alleged bribe money was increased from P10M to P20M the
complexion of the case changed swiftly.
On June 25, 1997, Atty. Balbin led a Motion to Resume Proceedings in Br. 25 of
the RTC of Biñan, Laguna. Attached to the Motion was the A davit of Desistance of the
private complainant which states:
"I, Juvie-lyn Yambao Punongbayan, 17 years of age, a resident of No. 5
Uranus Street, Congressional Avenue Subdivision, Quezon City, duly assisted by
private legal counsel and my parents, after having duly sworn in accordance with
law, depose and say:
"1. That I am the Complainant in the rape case led against Mayor
Bayani 'Arthur' Alonte of Biñan, Laguna, with the RTC-Branch 25 of Biñan,
Laguna;
"2. That the case has been pending for some time, on preliminary
issues, speci cally, (a) change of venue, led with the Supreme Court; (b)
propriety of the appeal to the Court of Appeals, and after its denial by said court,
brought to the O ce of the President, on the veracity of the ndings of the Five-
Man Investigating Panel of the State Prosecutor's O ce, and the Secretary of
Justice, and (c) a hold-departure order filed with the Biñan Court;
"3. That the legal process moves ever so slowly, and meanwhile, I have
already lost two (2) semesters of my college residence. And when the actual trial
is held after all the preliminary issues are nally resolved, I anticipate a still
indefinite suspension of my schooling to attend the hearings;
"4. That during the entire period since I led the case, my family has
lived a most abnormal life: my father and mother had to give up their jobs; my
younger brother, who is in fourth grade, had to stop his schooling, like myself;
"5. That I do not blame anyone for the long, judicial process, I simply
wish to stop and live elsewhere with my family, where we can start life anew, and
live normally once again;
"6. That I pray that I be allowed to withdraw my complaint for rape and
the other charge for child abuse wherein the Five-Man Investigating Panel of the
O ce of the State Prosecutor found a prima facie case although the information
has not been led, and that I will not at any time revive this, and related cases or
le new cases, whether criminal, civil, and or administrative, here or anywhere in
the Philippines;
"7. That I likewise realize that the execution of this A davit will put to
doubt my credibility as a witness-complainant;
"8. That this is my nal decision reached without fear or favor,
premised on a corresponding commitment that there will be no reprisals in
whatever form, against members of the police force or any other o cial of
o cer, my relatives and friends who extended assistance to me in whatever way,
in my search for justice.
"WHEREOF, I affix my signature this 25 day of June, 1997, in Quezon City.
SGD. JUVIE-LYN Y. PUNONGBAYAN
JUVIE-LYN Y. PUNONGBAYAN
"Assisted by:
(Sgd) ATTY. REMEDIOS C. BALBIN

ATTY. REMEDIOS C. BALBIN
Private Prosecutor
In the presence of:
(Sgd) PABLO PUNONGBAYAN
PABLO PUNONGBAYAN
Father
(Sgd) JULIE Y. PUNONGBAYAN
JULIE Y. PUNONGBAYAN
Mother
"SUBSCRIBED AND SWORN to before me this 25 day of June, 1997, in
Quezon City.
"(Sgd) ILLEGIBLE
Administering Officer
RTC Branch 94
Quezon City"
Obviously, the Motion to Resume Proceedings was intended to get the trial court's
approval for the dismissal of the rape case against the petitioners. cdasia
Indeed, three days thereafter or on June 28, 1997, Atty. Ramon C. Casino moved
in behalf of the petitioners to dismiss the petition for change of venue then pending in
this Court citing the a davit of desistance of the private complainant. On August 22,
1997, however, Asst. Chief State Prosecutor Guiyab opposed the motion. He alleged
that he has control of the prosecution of the rape case and that he was not aware of the
desistance of the private complainant.
The legal maneuvers to dismiss the rape case against the petitioners on the
basis of the alleged a davit of desistance of the private complainant did not nd the
favor of this Court. On September 2, 1997, this Court unanimously granted the petition
for change of venue, ruling among others, viz:
xxx xxx xxx
"These a davits give speci c names, dates and methods being used to
abort, by coercion or corruption, the prosecution of Criminal Case No. 9619-B. It is
thus incorrect for oppositors Alonte and Concepcion to contend that the fear of
the petitioner, her private counsel and her witnesses are too generalized if not
fabricated. Indeed, the probability that in desisting from pursuing her complaint
for rape, petitioner, a minor, may have succumbed to some illicit in uence and
undue pressure. To prevent possible miscarriage of justice is a good excuse to
grant the petition to transfer the venue of Criminal Case No. 9619-B from Biñan,
Laguna to the City of Manila.
"IN VIEW WHEREOF, the Petition for Change of Venue from Biñan, Laguna
to the City of Manila is granted. The Executive Judge of RTC Manila is ordered to
ra e Crim. Case No. 9619-B to any of its branches. The judge to whom Crim.
Case No. 9619-B shall be ra ed shall resolve the petitioner's Motion to Resume
Proceedings led in Br. XXV of the RTC of Biñan, Laguna and determine the
voluntariness and validity of petitioner's; desistance in light of the opposition of
the public prosecutor, Asst. Chief State Prosecutor Leonardo Guiyab. The branch
clerk of court of Br. XXV of the RTC of Biñan, Laguna is ordered to personally
deliver to the Executive Judge of Manila the complete records of Crim. Case No.
9619-B upon receipt of this Resolution."
On September 17, 1997, Criminal Case No. 9619-B (re-docketed by the Clerk of
Court of Manila as Crim. Case No. 97-159955) was ra ed to Br. 53 of the RTC of
Manila, presided by the respondent judge, the Honorable Maximo A. Savellano.
On October 9, 1997, the respondent judge issued warrants of arrest against the
petitioners after a finding of probable cause.
On October 28, 1997, an Administrative Order of the DOJ was issued
empowering First Assistant City Prosecutor Marilyn R. O. Campomanes to prosecute
the case at bar. Asst. Chief State Prosecutor Leonardo Guiab, Jr., who opposed the
a davit of desistance was relieved from the case . The reason given in the
Administrative Order was ". . . in the interest of public service." Prosecutor
Campomanes was authorized "to move for its (case) dismissal if the evidence on
record so warrant. . ." 1
The arraignment of the petitioners took place on November 7, 1997. The State
was represented by Prosecutor Marilyn Campomanes. Petitioner Alonte was
represented by Atty. Jose Flaminiano and Atty. Sigfrid A. Fortun. Petitioner Concepcion
was represented by Atty. Ramon C. Casano. Atty. Remedios Balbin who had previously
exposed under oath the threats to the life of the private complainant and her witnesses
and the repeated attempts to buy complainant's desistance was absent. 2
Petitioners pled not guilty to the charge of rape upon their arraignment. 3 Pre-trial
was then waived by both the prosecution and the defense. The proceedings continued
and Prosecutor Campomanes presented the private complainant, Ms. Punongbayan
who testi ed on her a davit of desistance. She declared that her desistance was her
"personal" decision with the consent of her parents. 4 She said she was neither paid nor
pressured to desist. On questions by the respondent judge, however, she a rmed the
truth of her a davit dated October 31, 1996 that she was raped by petitioner Alonte.
Prosecutor Campomanes marked and offered her a davit of desistance as Exhibit "A".
5 She called on other witnesses to testify on the voluntariness of the a davit of
desistance. The parents of the complainant — Pablo 6 and Julie 7 Punongbayan —
declared that they did not receive any monetary consideration for the desistance of
their minor daughter. Neither were they pressured to give their consent to the
desistance. Fourth Asst. Provincial Prosecutor Alberto Nofuente averred that the
a davit of desistance was signed and sworn to before him in the presence of the
complainant's parents and private counsel, Atty. Balbin. He said he explained the
affidavit to them and that the complainant voluntarily signed the same. 8
After their testimonies, Prosecutor Campomanes made the manifestation that
"with the presentation of our witnesses and the marking of our documents (sic) we are
now closing the case and that we are praying for the dismissal of the case." 9 The
respondent judge ruled "the case is submitted for decision.'' 10 Atty. Flaminiano orally
prayed that petitioner Alonte be granted bail and Prosecutor Campomanes offered no
objection. 11
On November 10, 1997, petitioner Alonte led an Urgent Motion to Admit to Bail.
12 In her Comment, Prosecutor Campomanes agreed and averred, viz.: 13
xxx xxx xxx

1. That she received a copy of the Petition for Bail.
2. That on the hearing of the instant case on November 7, 1997, the

Prosecution presented its witnesses who vehemently signi ed their
intention not to further prosecute the case in Court, and there being no
other witnesses to present, the undersigned is left with no alternative but to
seek the dismissal of the instant case considering that without the
testimony of said witnesses this case has nothing to stand on in Court.
3. That for the aforestated reason, the People interposes no objection to the
granting of Bail and in fact justice and equity dictate that it joins the
accused in his prayer for the granting of bail in the amount of P150,000
(ONE HUNDRED FIFTY THOUSAND PESOS).
4. That for the aforementioned bases, the People hereby manifests its
position that the case be immediately dismissed or at least the accused be
granted bail since the record proves that there is no more evidence to
sustain the charge against him such that the granting of bail is proper and
in order.
5. That as a general rule, a hearing on the petition for bail is necessary to

prove that the guilt is not strong but in this particular case there is no need
for hearing since the prosecution cannot prove its case against the
accused as it has no other evidence or witnesses to be presented.
On November 17, 1997, petitioner Alonte, thru counsel, led an Urgent Plea to
Resolve the Motion for Bail. 14 On the same date, Prosecutor Campomanes manifested
that "she deems it proper and in accord with justice and fair play to join the aforestated
motion." 15
On November 25, 1997, December 1, 1997, December 8, 1997 and December 10,
1997, petitioner Alonte led a Second, Third, Fourth, and Fifth Motion for early
resolution of his petition for bail. 16 In all these motions, Atty. Fortun, counsel of
petitioner Alonte, alleged that copy of the motion "... could not be served in person upon
the private prosecutor" (Atty. Balbin) in light of the distance between their offices. 17 He
relied on section 13, Rule 11 of the 1997 Rules on Civil Procedure. The motions were
not resolved by the respondent judge.
On December 18, 1997, the respondent judge promulgated his Decision
convicting the petitioners and sentencing them to reclusion perpetua. On whether of
the a davit of desistance can be a ground for dismissal of the rape case against the
petitioners, the respondent judge held:
"The rst issue to be determined and resolved is the 'voluntariness and
validity of petitioner's desistance in the light of the opposition of the public
prosecutor Asst. Chief State Prosecutor Leonardo Guiab.' (p. 7, SC Resolution En
Banc, dated September 2, 1997; [Rollo, p. 253]) It is appropriate to quote again a
portion of the 7-page Resolution En Banc of the highest tribunal, to wit; 'Indeed,
the probability (exists) that in desisting from pursuing her complaint for rape,
petitioner, a minor, may have succumbed to some illicit in uence and undue
pressure. To prevent possible miscarriage of justice is a good excuse to grant the
petition for change of venue . . . (Rollo, p. 202).
"The Court shall narrate the facts leading to the desistance of the private
complainant which are embodied in the two (2) a davits of her lawyer, Atty.
Remedios C. Balbin, with whom the private complainant lives at No. 5 Uranus St.,
Congressional Avenue Subdivision, Quezon City. One a davit is dated May 24,
1997, (sic) while the other one is dated March 26, 1997. The said a davits are
attached as exhibits to the aforementioned Manifestation and Motion for the
Resolution of Petition for Change of Venue led by the private complainant Juvie-
Lyn Y. Punongbayan. Exh. "C", dated May 24, 1997, (Rollo, pp. 216-219) is hereby
quoted as follows:
xxx xxx xxx
It clearly appears in the abovequoted a davit that repeated bribe offers
from a lawyer representing the accused Mayor Bayani Arthur Alonte in the total
amount of Ten Million Pesos (P10,000,000.00) were made to Atty. Balbin,
allocated as follows: (1) Five Million Pesos (P5,000,000.00) for the private
complainant Juvie-lyn Y. Punongbayan; (2) Three Million Pesos (P3,000,000.00)
for her (Atty. Balbin); and (3) Two Million Pesos (P2,000,000.00) for the mediator.
In the subsequent a davit, dated March 26, 1997, executed by Atty.

Remedios C. Balbin (Exh. F, Rollo, pp. 224-225) she narrated in detail the
continuing veiled threats and the very tempting and escalating offer to increase
the amount of the bribe money offered to her and the private complainant after
her rst a davit, by doubling the rst offer of Ten Million Pesos
(P10,000,000.00) to Twenty Million Pesos (P20,000,000.00), in exchange for her
client's desistance, but also accompanied with veiled threats, if refused. Said
affidavit is quoted, as follows:
xxx xxx xxx

The Court underscores paragraphs (b), (c), (d), (e), (f), (g), (h), (i), (j), (k),
and (l), particularly paragraphs (i), (j) and specially paragraph (k) of the
abovequoted a davit of Atty. Balbin which insinuates that the presiding Judge
of the RTC Biñan, Laguna, had already been bought, and that accused Alonte, thru
his numerous emissaries, will also buy or bribe the 'the next judge when the
petition for change of venue is nally granted.' In view of this insinuation, the
undersigned presiding Judge is very careful in deciding this case, lest he be
placed under suspicion that he is also receiving blood money that continues to
ow. The Court wants to have internal peace — the peace which money cannot
buy. Money is not everything. It is said that money is the root of all evil. The Holy
Scriptures also remind judges and jurists: 'You shall not act dishonestly in
rendering judgment. Show neither partiality to the weak nor deterrence to the
mighty, but judge your fellow men justly.' (Leviticus 19:15). The Scriptures further
say: 'What does it pro t a man if he gains the whole world but suffers the loss of
his soul?' (Mt. 16:26) and 'No one can serve two (2) masters. . . You cannot serve
God and mammon.' (Mt. 6:24, Luke 16:13). It is not out of place to quote the Holy
Scriptures because the Honorable Supreme Court has been doing so in its quest
for truth and justice. Thus, People vs. Garcia, 209 SCRA 164, 174, the highest
tribunal, in ruling that the ight of an accused is evidence of guilt on his part,
quoted the old Testament, as follows:
"It was written in the literature of Old Testament several centuries
ago that:
'The wicked man eeth though no man pursueth, but the righteous
are as bold as a lion.
(Proverbs, 28:1)'
Subsequently, on June 25, 1997, the private complainant and her lawyer
suddenly somersaulted or changed their common positions or attitudes in the
prosecution of this case. Evidently, veiled threats and money had replaced the
'spiritual consideration' which earlier, to them were 'more important than the
material' to quote Atty. Balbin in her rst a davit (Rollo, p. 217), and her reply to
Atty. Dionisio S. Daga that 'all the money in the world will not make me change
my position against my client's executing a desistance, and that only Alonte's
voluntary surrender, plea of guilty to rape, conviction and the imposition of the
corresponding penalty will satisfy the ends of justice.
On June 26, 1997, the private complainant, thru her counsel, Atty.
Remedios C. Balbin, led a Motion to Resume Proceedings, dated June 25, 1997,
(Rollo, pp. 238-244) praying therein that the RTC, Biñan, Laguna, where this case
was still pending, vacate its Order to Suspend Hearings, to enable it to act on all
incidents including private Complainant's A davit of Desistance attached
thereto. (Rollo, pp. 240-241) which a davit of desistance is quoted hereunder as
follows:
xxx xxx xxx
This Court, as the trier of facts, is tasked by the highest tribunal to nd out
if the private complainant, a minor 'may have succumbed to some illicit in uence
and undue pressure, in order to prevent a possible miscarriage of justice.'
Evidently, the veiled threats and acceptance of the bribe money in allocated
amounts which was subsequently raised to the irresistible amount of at least
P20,000,000.00, compelled, impelled and/or tempted the private complainant, her
father Pablo Punongbayan and her mother Julie Y. Punongbayan, and her lawyer
and private prosecutor Atty. Remedios C. Balbin, who did not appear in Court on
November 7, 1997, despite notice, to execute the said 'A davit of Desistance'
which was the ultimate goal of the accused. It is very obvious that the private
complainant, a minor, 'succumbed to some illicit influence and undue pressure,' to
borrow the language of the Honorable Supreme Court En Banc. It would be the
height of extreme naivete or gullibility for any normal individual to conclude
otherwise. The Court does not believe that the private complainant, her lawyer,
and her parents did not receive a single centavo when they executed and signed
the said a davit of desistance. The private complainant was de nitely lying
and/or somebody taught her to lie when she testi ed in Court on November 7,
1997 that she has 'not received any single cent.'
This Court cannot close its eyes to the realities in this case. It cannot play
the role of blind, deaf and dumb or one who has eyes but cannot see or refuses to
see. It cannot live in a world of make believe or let us say pretend. The 'A davit
of Desistance' executed by the private complainant assisted by her lawyer and
signed by her parents, was and is undoubtedly, heavily tainted with acceptance of
bribe money which together with the continuing veiled threats accompanying the
same, invalidated the said affidavit. The rule of law, and not the roll of money and
threats, should and must prevail."
On December 19, 1997, petitioner Alonte led a Motion for Reconsideration.
Petitioner assailed his conviction without due process of law and the refusal of the
respondent judge to dismiss the case in light of the desistance of the private
complainant. He argued:
xxx xxx xxx
"In People vs. Caruncho, L-57804, January 23, 1984, 127 SCRA 16, the
Supreme Court made ineluctably clear that it is the right of an offended party to
withdraw the further prosecution of a grievance especially where, as in this case,
a personal offense is the subject thereof:
'. . . True it is, that in criminal cases society is the ultimate aggrieved
party for which reason the People of the Philippines is designated as the
plaintiff. True it is also that except as provided in Article 344 of the Revised
Penal Code, a pardon by the private offended party does not extinguish
criminal liability. And true it is further that the dropping of criminal cases
by the execution of a davits of desistance by complainants is not looked
with favor. These are Hornbook doctrines. But what is actually done in our
criminal justice system?" First, there is plea bargaining between the
prosecution and the defense. For instance, murder is charged but in
exchange for a plea of guilty the charge is reduced to homicide and the
accused is allowed to claim a number of mitigating circumstances. It is not
uncommon for estafa, libel, physical injuries and even homicide cases to
be dismissed because the complainant has lost interest or alleged that the
complaint was led as a result of a misunderstanding. A number of
examples can be given and they can fill a book.'
Again, in People vs. Evangelista, L-45089, April 27, 1982, 113 SCRA 713,
720, the Supreme Court further declared:
'It may be noted that the crimes in question (forcible abduction with
rape) are among those enumerated in Article 344 of the Revised Penal
Code, which crimes cannot be prosecuted de o cio. In other words, the
crimes of abduction and rape are in the nature of private offense,
inasmuch as the law has reposed 'the right to institute such proceedings
exclusively and successively in the offended person, her parents,
grandparents or guardian' . . . Accordingly, if after ling the complaint the
offended party in the case at bar decided that she was unable to face the
scandal of public trial, or, if for some private reason she preferred to suffer
the outrage in silence, then, corollary to her right to institute the
proceedings, she should have been allowed to withdraw her complaint and
desist from prosecuting the case (Emphasis supplied)."
Petitioner Concepcion did not submit any motion for reconsideration. Without waiting
for the resolution of his motion for reconsideration, petitioner Alonte repaired to this
Court. So did petitioner Concepcion.
Without doubt, the petitions at bar raise two (2) fulcrum issues: (1) the
correctness of the ruling of the respondent judge that the desistance of the
complainant is not a ground to dismiss the rape charge against the petitioners, and (2)
the invalidity of petitioners' conviction on the ground of denial of due process. Cdpr
I agree with the learned disquisition of Mr. Justice Vitug that we should set aside
the conviction of the petitioners for patent violation of their right to due process of law.
I write this Separate Opinion to highlight the erroneousness of the shocking stance of
the State Prosecutor that the rape charge should be dismissed in view of the
desistance of the private complainant. But our ruling giving no effect on the a davit of
desistance should not based on the reason that it was procured by threat or
intimidation or any payment of money as the respondent judge opined in his Decision.
The respondent judge arrived at this conclusion on the basis of the a davits of Atty.
Balbin, the counsel of the private complainant. This is erroneous for Atty. Balbin was
never called to the witness stand to testify on the truth of her a davits. Her a davits
therefore are hearsay evidence and should not have been relied upon by the respondent
judge. The a davit of desistance cannot abort the rape charge against the petitioners
on the simple ground that it did not state that the private complainant-a ant was not
raped by petitioner Alonte. In truth, the private complainant a rmed her earlier Reply-
A davit where she narrated in detail how petitioner Alonte raped her. Moreover, the
rape charge has been led in Court and it is not anymore the absolute privilege of the
complainant to desist from continuing with the case.
This separate opinion unequivocably addresses the issue of whether the
desistance of the victim can stop the further prosecution of the petitioners.
I
In Philippine jurisprudence, desistance has been equated with recantation or
retraction.
To "recant" means to "withdraw or repudiate formally and publicly;" 18 "to
renounce or withdraw a prior statement.'' 19 To "retract" means to "take back;" "to
retract an offer is to withdraw it before acceptance." 20 A recantation usually applies to
a repudiation by a complainant or a witness, either for the prosecution or the defense,
who has previously given an extra-judicial statement 21 or testimony in court. 22
Repudiation may be made in writing, i.e., by sworn statement, 23 or by testifying on the
witness stand. 24
Mere retraction by a witness or by complainant of his or her testimony does not
necessarily vitiate the original testimony or statement, if credible. 25 The general rule is
that courts look with disfavor upon retractions of testimonies previously given in court.
26 This rule applies to crimes, 27 offenses 2 8 as well as to administrative offenses. 29
The reason is because a davits of retraction can easily be secured from poor and
ignorant witnesses, usually through intimidation or for monetary consideration. 30
Moreover, there is always the probability that they will later be repudiated 31 and there
would never be an end to criminal litigation. 32 It would also be a dangerous rule for
courts to reject testimonies solemnly taken before courts of justice simply because the
witnesses who had given them later on changed their minds for one reason or another.
This would make solemn trials a mockery and place the investigation of the truth at the
mercy of unscrupulous witnesses. 33
The general rule notwithstanding, the a davit should not be peremptorily
dismissed as a useless scrap of paper. There are instances when a recantation may
create serious doubts as to the guilt of the accused. 34 A retracted statement or
testimony must be subject to scrupulous examination. The previous statement or
testimony and the subsequent one must be carefully compared and the circumstances
under which each was given and the reasons and motives for the change carefully
scrutinized. The veracity of each statement or testimony must be tested by the
credibility of the witness which is left for the judge to decide. 35 In short, only where
there exists special circumstances in the case which when coupled with the retraction
raise doubts as to the truth of the testimony or statement given, can a retraction be
considered and upheld. 36
A survey of our jurisprudence reveals that the same rule has been applied to
a davits of desistance. 37 An a davit of desistance is understood to be a sworn
statement executed by a complainant in a criminal or administrative case that he or she
is discontinuing the action led upon his or her complaint for whatever reason he or she
may cite. The court attaches no persuasive value to a desistance especially when
executed as an afterthought. 38 However, as in retractions, an a davit of desistance
calls for a reexamination of the records of the case. 39
In private crimes, an a davit of desistance led by a private complainant is also
frowned upon by the courts. Although such a davit may deserve a second look at the
case, there is hardly an instance when this Court upheld it in private crimes and
dismissed the case on the sole basis thereof. Indeed, a case is not dismissed upon
mere a davit of desistance of the complainant, particularly where there exist special
circumstances that raise doubts as to the reliability of the affidavit. 40
Usually in private crimes, an a davit of desistance is executed by the private
complainant after pardoning and forgiving the offender. In this instance, the court
treats the a davit as in express pardon. 4 1 It does not ipso facto dismiss the case but
determines the timeliness and validity thereof.
Private crimes are crimes against chastity such as adultery and concubinage,
seduction, abduction, rape and acts of lasciviousness. Their institution, prosecution and
extinction are governed by Article 344 of the Revised Penal Code, viz:
"Art. 344. Prosecution of the crimes of adultery, concubinage,
seduction, abduction, rape and acts of lasciviousness. — The crimes of adultery
and concubinage shall not be prosecuted except upon a complaint led by the
offended spouse.
The offended party cannot institute criminal prosecution without including
both the guilty parties, if they are both alive, nor in any case, if he shall have
consented or pardoned the offenders.
The offenses of seduction, abduction, rape, or acts of lasciviousness, shall
not be prosecuted except upon a complaint led by the offended party or her
parents, grandparents, or guardian, nor in any case, the offender has been
expressly pardoned by the above-named persons, as the case may be.
In cases of seduction, abduction, acts of lasciviousness and rape, the
marriage of the offender with the offended party shall extinguish the criminal
action or remit the penalty already imposed upon him. The provisions of this
paragraph shall also be applicable to the co-principals, accomplices and
accessories after the fact of the above-mentioned crimes."
Private crimes cannot be prosecuted except upon complaint led by the

offended party. In adultery and concubinage, the offended party must implead both the
guilty parties and must not have consented or pardoned the offenders. In seduction,
abduction, rape and acts of lasciviousness, the complaint must be led by the offended
party or her parents, grandparents or guardian. The complainant-must not have
expressly pardoned the offender.
Article 344 also provides for the extinction of criminal liability in private crimes. It
mentions two modes: pardon and marriage, which when validly and timely made, result
in the total extinction of criminal liability of the offender. 42 The pardon in private crimes
must be made before the institution of the criminal action. 43 In adultery and
concubinage, the pardon may be express or implied while in seduction, abduction, rape
and acts of lasciviousness, the pardon must be express. In all cases, the pardon must
come prior to the institution of the criminal action. After the case has been led in
court, any pardon made by the private complainant, whether by sworn statement or on
the witness stand, cannot extinguish criminal liability. The only act that extinguishes the
penal action and the penalty that may have been imposed is the marriage between the
offender and the offended party. 44
As this Court declared in the case of Donio-Teves v. Vamenta, Jr.: 45
"The term "private crimes" in reference to felonies which cannot be
prosecuted except upon complaint led by the aggrieved party, is misleading. Far
from what it implies, it is not only the aggrieved party who is offended in such
crimes but also the State. Every violation of penal laws results in the disturbance
of public order and safety which the State is committed to uphold and protect. If
the law imposes the condition that private crimes like adultery shall not be
prosecuted except upon complaint led by the offended party, it is, as herein
pointed earlier "out of consideration for the aggrieved party who might prefer to
suffer the outrage in silence rather than go through the scandal of a public trial."
Once a complaint is led, the will of the offended party is ascertained and the
action proceeds just as in any other crime. This is shown by the fact that after
ling a complaint, any pardon given by the complainant to the offender would be
unavailing. It is true, the institution of the action in so-called private crime is at the
option of the aggrieved party. But it is equally true that once the choice is made
manifest, the law will be applied in full force beyond the control of, and inspite of
the complainant, his death notwithstanding."
The ling of a complaint in private crimes is merely a condition precedent to the

exercise by the proper authorities of the power to prosecute the guilty parties. 46 It is
the complaint that starts the prosecutory proceeding without which the scal and the
court cannot exercise jurisdiction over the case. 47 Once the complaint is led, the
action proceeds just as in any other crime.
We follow the postulate that a criminal offense is an outrage to the sovereign
state 48 and the right of prosecution for a crime is one of the attributes of the sovereign
power. 49 Thus, criminal actions are usually commenced by the State, through the
People of the Philippines, and the offended party is merely a complaining witness. 50 In
private crimes, however, or those which cannot be prosecuted de o cio , the offended
party assumes a more predominant role since the right to commence the action or
refrain therefrom, is a matter exclusively within his power and option. 51 The sovereign
state deems it the wiser policy, in private crimes, to let the aggrieved party and her
family decide whether to expose to public view the vices, faults and disgraceful acts
occurring in the family. 52 But once the offended party les the complaint , her will is
ascertained and the action proceeds just as in any other crime. The decision of the
complainant to undergo the scandal of a public trial necessarily connotes the
willingness to face the scandal. 53 The private complainant is deemed to have shed off
her privacy and the crime ceases to be "private" and becomes "public." The State,
through the scal , takes over the prosecution of the case and the victim's change of
heart and mind will not affect the State's right to vindicate the outrage against the
violation of its law. 54
This is the reason why pardon in crimes of chastity must come before the
institution of the criminal action. Pardon by the offended party extinguishes criminal
liability when made while the crime is still "private" and within the control of the
offended party. But once the case is filed in court, the pardon cannot ipso facto operate
to dismiss the case. After the institution of the criminal action, any pardon given by the
complainant to the offender would be unavailing, 5 5 except of course when the offender
validly marries the offended party. 5 6 The offended party's pardon of the offender in a
seduction case after the criminal action had been instituted constitutes no bar to said
action. 5 7 A pardon given in a rape case after the ling of the action in court "comes too
late to hide the shameful occurrence from public notice." 5 8
Even the death of the offended party cannot extinguish the case once it is led in
court. 59 If the offended party dies immediately after ling the complaint but before the
institution of the criminal action, his death is not a ground to dismiss the case. 60
Clearly, the will and participation of the offended party is necessary only to determine
whether to file the complaint or not. Thereafter, the will of the State prevails.
Article 344 does not include desistance of the offended party from prosecuting
the case as a ground for extinction of criminal liability whether total 61 or partial. 62
Hence, only when the desistance is grounded on forgiveness and pardon and is made
before the institution of the criminal action, can it extinguish criminal liability.
Desistance, per se, is not equivalent to pardon.
In the case at bar, the "A davit of Desistance" of Juvielyn is not an express
pardon of the accused and the crime committed. Private complainant desisted from
prosecuting the case against the petitioners because she wished "to start life anew and
live normally again." She reiterated this reason on the witness stand. She complained
that members of the media were bothering and harassing her and that she wanted to
go back to her normal life. She never said that she forgave the petitioners. She did not
absolve them from their culpability. She did not give any exculpatory fact that would
raise doubts about her rape. She did not say that she consented to petitioner Alonte's
acts. Moreover, the rape case is already in court and it is no longer her right to decide
whether or not the charge should be continued. As we held in Crespo v. Mogul: 6 3
xxx xxx xxx
"The rule in this jurisdiction is that once a complaint or information is led

in court any disposition of the case as to its dismissal or conviction or acquittal
of the accused rests in the sound discretion of the court. Although the scal
retains the direction and control of the prosecution of criminal cases even while
the case is already in court he cannot impose his opinion on the trial court. The
court is the best and sole judge on what to do with the case before it. The
determination of the case is within its exclusive jurisdiction and competence. A
motion to dismiss the case led by the scal should be addressed to the court
who has the option to grant or deny the same. It does not matter if this is done
before or after the arraignment of the accused or that the motion was led after a
reinvestigation or upon instructions of the Secretary of Justice who reviewed the
records of the investigation."
II
The next issue is the validity of the conviction of petitioners. Petitioners contend
that they were convicted without undergoing any trial. Respondent judge insists
otherwise. He claims that petitioners submitted the case on the merits and relied
principally on the A davit of Desistance. He recounts the events that took place before
the presentation of private complainant as revealed by the transcripts of November 7,
1997, viz:
"Prosecutor Campomanes
Your Honor, the complaining witness/private complainant Juvielyn
Punongbayan is present here in Court, and a while ago, I was given a copy
of her A davit of Desistance, so I would like to present her in order to
attest to the veracity of her A davit of Desistance, your Honor, and for the
Court to hear her testimony.
Court
We will have a separate trial, this involved a heinous offense and that there
is not even any plea-bargaining in this case.
Prosecutor Campomanes
Yes, your Honor, I understand that.
Court
So you have to mark now your documentary evidence in preparation for
trial.
Yes, your Honor.

Court
There are many documentary evidence mentioned by the Supreme Court in
its seven (7) page . . . (may I see the record) seven (7) page resolution,
dated September 2, 1997, and that this case was assigned to this Court as
the trial Judge. This Court has already arraigned the accused and he
pleaded not guilty, and so the next step is pre-trial. The Order of the
Supreme Court is to direct this Court not only to determine the
voluntariness but also the validity of the A davit of Desistance mentioned
by the Court which was also brought to the attention of the Supreme Court.
llcd
And to the Department of Justice likewise your Honor.
Court
And that's why the Supreme Court instead of resolving it sent the records
to this Court to determine the voluntariness and the validity of the
Desistance, but they must be determined after trial on the merits.
Your Honor please, representing the people. Its events now will prove that
there is no more need for the prosecution to go on trial of this case,
considering that the private complainant herself had already furnished the
Department of Justice a copy of her Affidavit of Desistance.
Court
What does it say there?
That she is no longer interested in further prosecuting this case, and that
she is now desisting in going to full blown trial, and considering your
Honor, further, that this is a private offense, then, the Department of
Justice feels that it can not be more popish than the Pope.
Court
That is the stand of the Department of the Justice. But the Supreme Court
belongs to a different Department, I am governed by the Supreme Court,
because I am a Judge, I am not from the Department of Justice.
We are all aware your Honor, that we will just be prolonging the agony, in
fairness to everybody, considering that we are representing the people, but
we are not representing only . . . the Department of Justice is not only
representing the complainant in this case but we are also for justice to be
rendered to the respondent as well.

Court
I am rendering fair justice to everyone. That is the sense of this Court. That
is the perception of this Court with respect to the Supreme Court resolution,
in the rst place, that A davit does not negate the commission of the
crime. You want us to dismiss this case when the A davit does not
negate the commission of the crime?
That's why we will be presenting her in Open Court, your Honor.
Court
Just to affirm that?

No to prove . . .
Court
What happened . . . how about the Prosecution Department, they have

control of the prosecution, and the offended party herself, has not negated
the commission of the crime, is there anything there to show that she did
not . . . that the accused . . . did not commit the crime charged?
That's why we will be presenting her in Court, whatever is not here will be
clarified.
Court
So, we will go to a trial on the merits you present that affidavit, that's a part
of your evidence.
The people is ready to present that . . . the complaining witness.
Court
We will have a trial on the merits.
Your Honor please, being a woman, I have extensively discussed this
matter with the complaining witness and she intimated to this
representation that she can not bear another day of coming here, with all
these people staring at her with everybody looking at her as if she is
something . . .
Court
On December 13, 1996, petitioner Punongbayan through private counsel,

Atty. Remedios C. Balbin and the Assistant State Prosecutor Guiab, Jr. who
is not here both were relieved and changed with a new lady prosecutor,
prayed that the case be tried by the Regional Trial Court of Manila, they
cited the following grounds: 'THE GREAT DANGER TO THE LIVES OF BOTH
PRIVATE COMPLAINANT AND THE IMMEDIATE MEMBERS OF HER
FAMILY AND THEIR WITNESSES AS THEY OPENLY IDENTIFIED THE
PRINCIPAL ACCUSED MAYOR ALONTE WHO IS ACKNOWLEDGED AS A
POWERFUL POLITICAL FIGURE AND ALMOST AN INSTITUTION IN BIÑAN
LAGUNA AND [THE] GREAT DANGERS TO THE LIVES OF WITNESSES
WHO OTHERWISE WISH TO COME OUT IN THE OPEN AND TESTIFY ON
THE MORAL AND CRIMINAL ACTIVITIES OF BOTH ACCUSED
PERPETRATED UPON VERY YOUNG GIRLS STUDENTS OF BIÑAN LAGUNA
THAT WILL NOT DO SO IN THE TERMS OF THE ACCUSED MAYOR" that is
why it was the prayer of the offended party and the Supreme Court granted
the Motion for Change of Venue, and we are now on a new venue, where
the danger to the lives of the witness is no longer present, on January 7,
1997, Alonte led an Opposition thereto, and on April 23, 1997, the
petitioner, the offended party through the Honorable Secretary of Justice
Teo sto Guingona and Chief State Prosecutor Jovencito Zuno led a
Manifestation and Motion for Resolution of the Petition For Change of
Venue. Attached to the motion of the Honorable Secretary of Justice
Guingona and Chief State Prosecutor Jovencito Zuno were the a davits
of the petitioner, her lawyer, Atty. Remedios Balbin, Dolores Yambao,
Bienvenido Salandanan and Evelyn Celso with their contention that the
prosecution witnesses and the private counsel of petitioner are exposed to
kidnapping, harassment, grave threats and tempting offers of bribe money,
that was the stand of your department . . . And then later on June 28, 1997
. . . we have to review this case because this involves public interest . . . on
June 23, 1997, Atty. Casano in behalf of the oppositors, two (2) oppositors,
led a motion to dismiss the petition for change of venue in the Supreme
Court on the ground that it has become moot, he alleges that the petitioner
despite the motion to resume the proceedings in criminal case no. 96-19-B
in said motion, the petitioner informed the Court that she is desisting . . .
informed the Supreme Court that she is desisting from proceeding with the
case, it is the same a davit she prayed that the trial Court, on her a davit
of desistance . . . Atty. Casano also submitted to this Court, to the Supreme
Court the manifestation of the petitioner joining the oppositors' prayer to
dismiss her petition to a change of venue, the manifestation was also
signed by Atty. Remedios Balbin as private prosecutor, the Supreme Court
required Assistant Chief State Prosecutor Leonardo Guiab to comment on
the motion to dismiss led by Atty. Casano which involve the same
affidavit that you have just read. On August 22, 1997, assistant Chief State
Prosecutor Guiab led his comment, he alleged that he is not aware of the
desistance of the petitioner in criminal case no. 96-19-B, and in said
desistance there is two (2) legal effect, [that] the public prosecutor has the
control and direction of the prosecution in criminal action, he prayed for
the denial of the Motion to Dismiss and reiterated his petition for change
of venue, the Supreme Court granted the change of venue and in granting
the change of venue the highest tribunal which we are all subordinates,
says: for the record, in their manifestation and motion for the resolution of
petition to a change of venue the Secretary of Justice and Chief State
Prosecutor submitted various a davits in support of their allegations that
prosecution witnesses and private legal counsel are exposed to
KIDNAPPING, HARASSMENT, GRAVE THREATS, AND TEMPTING OFFERS
OF BRIBE MONEY all intended to extract an a davit of desistance from
the private complainant, this is now the a davit of desistance in her
a davit dated December 16, 1996, the petitioner the offended party, the
herein offended party Juvielyn Punongbayan alleged etc . . . etc . . . in
support of her petition and then she alleged that during the last week of
February, 1997, she was visited by one Lourdes Salaysay, she stated that
Mrs. Salaysay told her that Mrs. Alonte, wife of Mayor Alonte requested her
to settle Alonte's case, she was informed that Mrs. Alonte was offering
P10,000,000.00, will send her to school and give her house and send her
parents abroad, Atty. Remedios C. Balbin is not here now, I am just quoting
the Supreme Court, counsel, private counsel of petitioner also executed an
a davit dated February 1997, quote: the Supreme Court quote to them: to
put on record the attempting, in uence, directly, in exchange of valuable
consideration, that the Rape charge against Mayor Bayani Arthur Alone,
she alleged that in two (2) occasions Atty Romero conveyed to me the
message of Mayor Alonte, namely: to drop the rape case against him, and
that he would give a consideration of P10,000,000.00 'to be apportioned as
follows: P5,000,000.00, for the private complainant, your client and the
prosecutor P3,000,000.00 for me, as private prosecutor, that is what Atty.
Balbin said, P4,000,000.00 for her, the mediator, so there seems to be a
liberal ow of blood money, that is why the Supreme Court ordered the
Court to determine the validity, and there is another, dated March 19, 1997.
I have to remind everybody about what happened, this thing did not come
from me, I am not fabricating anything this comes from the highest
tribunal jurat, to whom I am responsible, another a davit of Atty. Balbin,
she narrated the continuing attempts to bribe her and threatened her, so
there were continuing events, they alleged, the People's Bureau, O ce of
the Mayor of Quezon city, extensively discuss the squatting case with
against his client, that after a brief exchange on the status of the case, they
con ded to me his real purpose, that it started of by saying he was the
legal counsel of the gambling lords of Malabon for which he get a monthly
retainer of P15,000.00 exclusive of transportation expenses, but he also
stated that he knows all the network of the gambling lord through out the
country, which is quite strong and uni ed, that I then ask him "what do you
mean? " " Is Alonte into gambling too, that he is part of the network you
speak of?", that Atty. Daga did not reply, but instead said, they are prepared
to double the offer made to by Atty. Romero which was published in the
newspaper at P10,000,000.00, so, its double, double your money, so its
P20,000,000.00, that I told him, its Atty. Balbin, that all the money in the
world, all the money in the world will not make me change my position
against my client executing a desistance and that Alonte's voluntary
surrender plea of guilty to rape, conviction, and the imposition of the
corresponding penalty will satisfy the ends of justice, but I told him, that
my client's case is not isolated, there being ve (5) other minors similarly
place and Alonte's will be stopped from doing more harm that Atty. Daga,
then told me in Filipino if you do not accede to a desistance, then they will
be force to but because he did not [complete] the sentence asked him
directly, what do you mean, what do you intend to do, and he replied, go on
with the case, [buy] the judge, [buy] the judge, that I am believing, and I
reacted saying, but they have already done so, Judge Francisco Biñan,
Judge Francisco Biñan suddenly change his attitude towards the
prosecution, perhaps you are referring to the next judge when the petition
for change of venue is nally granted that Atty. Daga did not reply, and he
reiterated that his principal, referring to them again as gambling lords,
wanted desistance, after which he excused himself and left, that I execute
this a davit, as Atty . Balbin attests to the truth of the incident with Atty.
Dionisio Daga which occurred in the afternoon of March 6, 1997 at my
office, stating . . . ( JUDGE READING THE RECORDS OF THE CASE )
Court
Then, the Supreme Court said, these a davits, the one attached gave
speci c names, dates and methods . . . a coercion of corruption, the
prosecution of Criminal Case No. 96-19-B (JUDGE CONTINUED READING
THE RECORDS OF THE CASE ) that is desisting for pursuing her complaint
for Rape petitioner a minor, they have . . . illicit, in uence and due pressure
to prevent . . . Criminal Case No. 96-19-B to any of its Branch, just to call
the Criminal Case No. 96-19-B shall be ra ed, shall result the petitioner's
motion to resume proceedings, led in Branch 26, in the RTC of Laguna, to
determine the voluntariness and validity of the petitioner's desistance in
the light of the position of the public prosecutor, Assistant Chief Prosecutor
Leonardo Guiab . . . I. don't know what will be the outcome . . . you may
contend that because of that a davit of the desistance there is
reasonable doubt . . . etc . . . but still, that will be placing the cart before the
horse . . . you have to go to a regular trial on the merits . . . because this is a
heinous offense which cannot . . . and during the pre-trial cannot be
subject to a plea-bargaining, and with respect to its new law which took
effect in 1993, that is a new one, it was placed to the category of a heinous
offense . . .
So we go on trial your Honor, and we will present the complaining witness,
and let the Court decide on the basis of the complainants testimony . . .
private complainant's testimony before this Honorable Court . . .
xxx xxx xxx
That's why we are presenting the private complainant, the principal

witness, the mother who is also a signatory to this a davit of desistance,
everybody who have been a part and participant in the making and
preparation of this a davit of desistance, they have already signed these
affidavit of desistance.
Court
And we also have the a davits mentioned by the Supreme Court, because
I was . . . all of those documents in the determination of whether that
affidavit is valid.
Yes, your Honor.
Court
We . . . the Court cannot close his eyes to the other affidavits . . . because . .
. that's why precisely the Supreme Court ordered me to hear this case.
We understand that your Honor.

Court
There are may con icting matters to be solve . . . con icting matters to be
tackled in this case.
May we present the private complainant, your Honor . . ." 64
The records show that the hearing of November 7, 1997 was set for arraignment
of the petitioners. 6 5 After the counsels made their respective appearances, Prosecutor
Campomanes presented her authority to appear as prosecutor in lieu of Asst. Chief
State Prosecutor Guiyab, Jr., both petitioners pleaded not guilty to the charge.
Respondent judge then set the case for pretrial which the parties, however, waived. The
proceedings continued and Prosecutor Campomanes manifested there was no need
for the prosecution to go to trial in view of the A davit of Desistance of the private
complainant. Respondent judge, however, observed that private complainant did not
negate the commission of the crime in her A davit of Desistance. Respondent judge
expressed his misgivings on the validity of the A davit of Desistance because of the
September 2, 1997 Resolution of this Court citing a davits where allegations of
bribery were made to extract said a davit from complainant. Prosecutor
Campomanes then offered to present the private complainant to attest to the
voluntariness and veracity of her A davit of Desistance. Respondent judge averred
whether the court should proceed to a trial on the merits. Prosecutor Campomanes
declared that they could go on trial and let the court decide the merits of the case on
the basis of the testimony of private complainant and the other witnesses. It was then
that private complainant was presented as a witness.
From the garbled transcripts of the hearing on November 7, 1997, it is not clear
what both respondent judge and the public prosecutor intended the proceedings to be.
Respondent judge repeatedly declared that the proceedings before him was to be a
trial on the merits. The public prosecutor agreed to go to trial, but at the same time
moved to present private complainant and her witnesses to testify on the voluntariness
of her A davit of Desistance. Respondent judge and the public prosecutor were,
obviously, not tuned in to each other.
I agree with the majority that the November 7, 1997 proceedings could not have
been a trial on the merits. First of all, the proceedings did not conform with the
procedure for trial as provided in the 1985 Rules on Criminal Procedure. Section 3 of
Rule 119 provides:
"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 lawful defense, the order of trial
may be modified accordingly."
In the case at bar, petitioners were never instructed to present evidence to prove
their defenses. The parties were never given the opportunity to present their respective
evidence rebutting the testimony of private complainant. There was no admission by
petitioners of the charge in the information as to justify a change in the order of trial. 6 6
Our criminal rules of procedure strictly provide the step by step procedure to be
followed by courts in cases punishable by death. 67 This rule also applies to all other
criminal cases, particularly where the imposable penalty is reclusion perpetua. The
reason for this is to assure that the state makes no mistake in taking life and liberty
except that of the guilty. 68 Thus:
"Judges should be reminded that each step in the trial process serves a
speci c purpose. In the trial of criminal cases, the constitutional presumption of
innocence in favor of the accused requires that an accused be given su cient
opportunity to present his defense. So with the prosecution as to its evidence.
Hence, any deviation from the regular course of trial should always take
into consideration the rights of all the parties to the case, whether the prosecution
or defense." 6 9
Second, the admission of private complainant's a davit of October 21, 1996

was made solely in response to respondent judge's own questioning. 7 0 It was this
a davit which respondent judge used to convict the petitioners. This a davit,
however, was not marked nor was it formally offered before the court. The Revised
Rules on Evidence clearly and expressly provide that "[t]he court shall consider no
evidence which has not been formally offered." 7 1 Evidence not formally offered in court
will not be taken into consideration by the court in disposing of the issues of the case.
Any evidence which a party desires to submit for the consideration of the court must
formally be offered by him, 7 2 otherwise it is excluded and rejected. 7 3
Third, where there is a doubt as to the nature of the criminal proceedings before
the court, this doubt must be resolved in favor of the accused who must be given the
widest latitude of action to prove his innocence. 7 4 It is in petitioners' favor that the
proceedings of November 7, 1997 be ,treated as a hearing on the motion to dismiss,
not a trial on the merits. To rule otherwise will effectively deny petitioners due process
and all the other rights of an accused under the Bill of Rights and our Rules in Criminal
Procedure. cdtai
Indeed, following respondent judge's nding and assuming that the November 7,
1997 hearing was already a trial on the merits, petitioners were never afforded their
right to confront and cross-examine the witness. The court did not, at the very least,
inquire as to whether the petitioners wanted to cross-examine private complainant with
respect to her a davit of October 21, 1996. No opportunity to cross-examine was
afforded petitioners and their counsels such that they cannot be deemed to have
waived said right by inaction. 7 5
Regalado, Davide, Jr., Romero, Bellosillo, Mendoza, and Panganiban, JJ ., concur.
Footnotes
1. Rollo of G.R. No. 131728, pp. 20-21.
2. Rollo of G.R No. 131728, pp. 34-35.
3. Rollo of G.R. No. 131652, pp. 72-73.
4. Rollo of G.R. No. 131652, p. 42.
5. Rollo, p. 7.
6. TSN, 07 November 1997, p. 70.
7. Rollo of G.R. No. 131652, pp. 65-66.

8. Rollo of G.R. No. 131652, pp. 13-14.
9. Rollo of G.R. No. 131728, p. 10.
10. Rollo, p. 64.
11. People vs. Dapitan, 197 SCRA 378.
12. At p. 388.
13. Darmouth College vs. Woodward, 4 Wheaton 518, citing Webster.
14. 257 SCRA 298.
15. At pp. 305-306.
16. Brady vs. United States, 397 U.S. 742 (1970).
17. Aetna Insurance Co. vs. Kennedy, 301 U.S. 389 (1937).
18. Rules of Court, Rule 119, Sec. 3(b).
19. Ibid., Sec. 3 (c).
20. Ibid., Sec. 3 (e).
21. 237 SCRA 826.
22. At p. 834.
23. 264 SCRA 350.
24. At pp. 360-361.
25. See Section 5(e), Rule 135, Rules of Court.
26. 237 SCRA 826, 835.
27. 57 Phil. 274.

28. At p. 275.
29. 57 Phil. 138.
30. At pp. 139-140.
31. 29 SCRA 165.
32. Gutierrez vs. Santos, 30 May 1961. The excerpt was quoted in Austria vs. Masaquel, 31
August 1967.

33. Section 4 (b), Republic Act No. 6713, entitled Code of Conduct and Ethical Standards
for Public Officials and Employees.
PUNO, J., concurring and dissenting:
1. TSN, November 7, 1997, p. 3.
2. TSN, op. cit., p. 1.
3. Ibid., p. 5.
4. Ibid., p. 40.
5. Ibid., p. 29.
6. Ibid., pp. 46-55.
7. Ibid., pp. 56-63.
8. Ibid., p. 64-70.
9. Ibid., p. 70.
10. Ibid.
11. Ibid.
12. Annex "G", Petition of Alonte.
13. Annex "H", Petition of Alonte.
14. Annex "I," Petition of Alonte.
15. Annex "J," Petition of Alonte.
16. Annexes "K," "K-1," "L," and "M," Petition of Alonte.
17. The O ce of Atty. Fortun is in Makati while the o ce of Atty. Balbin is only in Quezon
City.
18. "Recant," Black's Law Dictionary, 6th ed. [1990].
19. "Recant," Words and Phrases Vol. 36 citing Llanes-Senarillos v. U.S. C.A. Cal. 177 F. 2d,
164, 166.
20. A retraction also is "[i]n law of defamation, a formal recanting of the defamatory
material; in probate practice, a withdrawal of a renunciation" ("Retraction," Black's Law
Dictionary 6th ed. [1990]).
21. People v. del Pilar, 188 SCRA 37 [1990]; People v. Aldeguer, see del Pilar footnote.
22. People v. Davatos , 229 SCRA 647, 651 [1994]; People v. De Leon , 245 SCRA 538, 544
[1995]; People v. Joya, 227 SCRA 9, 26-27 [1993].
23. People v. del Pilar, supra; People v. Joya , supra; People v. de Leon , supra, People v.
Liwag, 225 SCRA 46, 52 [1993].
24. People v. Davatos, supra, at 650; People v. Ubina, 97 Phil. 515 [1955].
25. Lopez v. Court of Appeals , 239 SCRA 562, 565 [1994]; People v. Dulay , 217 SCRA 103
[1993].
26. See Reano v. Court of Appeals , 165 SCRA 525, 530 [1988] for other citations. A
retraction or recantation by a witness or complainant has often been resorted to as a
ground for new trial. The court has consistently ruled against the grant of a new trial on
the basis of a retraction by a witness.
27. People v. de Leon , 245 SCRA 538, 546 [1995]; People v. Detalla , 170 SCRA 522, 529
[1989]; People v. Genilla , 18 SCRA 12, 16 [1966] — all on murder. Alonzo v. Intermediate
Appellate Court, 151 SCRA 552, 562 [1987] — on falsi cation of public document. People
v. Ibal, 143 SCRA 317, 325 [1986] — on rape.
28. Lopez v. Court of Appeals , 239 SCRA 562 [1994] — a violation of the Anti-Carnapping
Law of 1972; People v. Romero , 224 SCRA 749 [1993] — on illegal recruitment; People v.
del Pilar, 188 SCRA 37 [1990] — on violation of the Dangerous Drugs Act of 1972.
29. Celis v. Marquez, 138 SCRA 256, 259 [1985]; Bais v. Tugaoen, 89 SCRA 101, 109 [1979];
Sotero v. Bautista, 78 SCRA 75, 77 [1977].
30. People v. Liwag, supra; People v. Joya, supra; Reano v. Court of Appeals, supra.
31. Lopez v. Court of Appeals, supra, at 565; People v. Clamor, 198 SCRA 642 [1991]; Reano
v. Court of Appeals, supra, see also United States v. Acacio , 37 Phil. 70, 71 [1917] —
where the defendant made nine (9) conflicting confessions and statements.
32. Gomez v. Intermediate Appellate Court , 135 SCRA 621, 631 [1985]; People v. Pimentel ,
118 SCRA 695, 704 [1982]; Reyes v. People, 71 Phil. 598, 599 [1941].
33. People v. Joya , supra, at 26-27; People v. Davatos , supra, at 651; People v. Galicia , 123
SCRA 550, 556 [1983]; People v. Ubina, 97 Phil. 515, 526 [1955].
34. Gomez v. Intermediate Appellate Court , 135 SCRA 620, 631 [1985]; People v. Pimentel ,
118 SCRA 695, 704 [1982].
35. With respect to sworn statements — People v. Del Pilar, 188 SCRA 37, 44-45 [1990]; with
respect to testimonies in court — Lopez v. Court of Appeals, supra, at 565; Reano v. Court
of Appeals, supra, at 530-531; People v. Ubina, supra.
36. Gomez v. Court of Appeals, supra; People v. Pimentel, supra.
37. People v. Romero , supra, at 757; People v. Junio , 237 SCRA 826, 834 [1994]; People v.
Lim, 190 SCRA 706, 715 [1990]; Gomez v. Intermediate Appellate Court , supra, at 631;
People v. Pimentel, supra, at 702-704.
38. People v. Romero, 224 SCRA 749, 757 [1993].
39. Gomez v. Intermediate Appellate Court, supra; People v. Pimentel, supra.
40. People v. Junio , supra, at 834; People v. Lor , 132 SCRA 41, 47 [1984]; People v. Avila ,
192 SCRA 635, 642-643 [1990].
41. People v. Entes, 103 SCRA 162, 166-167 [1981]; People v. Junio , supra, at 834-835;
People v. Avila, supra, at 642-643, People v. Lor, supra, at 47-48.
42. See Article 89, Revised Penal Code.
43. People v. Entes , supra, at 167 — on rape; People v. Miranda , 57 Phil. 274 [1932] —
qualified seduction.
44. People v. Miranda, supra, at 275.

45. 133 SCRA 616, 625 [1984].
46. Valdepenas v. People, 16 SCRA 871, 876-877 [1966].
47. Id; People v. Babasa , 97 SCRA 672, 680 [1980]; Pilapil v. Ibay-Somera , 174 SCRA 653,
660 [1988].
48. People v. Romero, 224 SCRA 749, 757 [1993].
49. United States v. Pablo, 35 Phil. 94, 100 [1916].
50. Pilapil v. Ibay-Somera, supra at 661 [1989].
51. Id.
52. United States v. Bautista, 40 Phil. 735, 743 [1920].
53. Valdepenas v. People, supra, at 877.
54. People v. Romero, supra, 754-758.
55. People v. Avila, 192 SCRA 635, 643 [1990].
56. Article 344, Paragraph 4, Revised Penal Code; Laceste v. Santos, 56 Phil. 472 [1932];
People v. Vicente Mariano, 50 Phil. 587 [1927].
57. People v. Miranda, supra; also cited in Francisco, R., Criminal Procedure, Rules 110-127,
p. 47 [1996].
58. People v. Lualhati, 171 SCRA 277, 283 [1989].
59. Donio-Teves v. Vamenta, Jr., supra.
60. People v. Ilarde, 125 SCRA 11, 17-18 [1983].
61. Article 89 of the Revised Penal Code provides:
Art. 89. How criminal liability is totally extinguished. — Criminal liability is

totally extinguished:
1. By the death of the convict, as to the personal penalties; and as to
pecuniary penalties, liability therefor is extinguished only when the death of the
offender occurs before final judgment;
2. By service of sentence;
3. By amnesty, which completely extinguishes the penalty and all its effects;
4. By absolute pardon;
5. By prescription of the crime;
6. By prescription of the penalty;
7. By the marriage of the offended woman, as provided in Article 344 of this
Code.
62. Article 94 of the Revised Penal Code provides:

"Art. 94. Partial extinction of criminal liability. — Criminal liability is
extinguished partially:
1. By conditional pardon;
2. By commutation of sentence; and
3. For good conduct allowances which the culprit may earn while he is
serving his sentence."
63. 151 SCRA 462, 471 [1987].
64. Comment of Respondent Judge Savellano, pp. 14-23, citing portions of the TSN of
November 7, 1997.
65. Notice of Hearing, Annex "3" to the Comment of Respondent Judge Savellano.
66. Consolidated Comment of the Solicitor General, p. 41.
67. People v. Diaz, 254 SCRA 734, 742 [1996].
68. Id.
69. Tabao v. Espina, 257 SCRA 298, 305 [1996].
70. TSN of Nov. 7 1997, pp. 18, 21.
71. Sec. 34, Rule 132 C, Revised Rules on Evidence; Veran v. Court of Appeals, 157 SCRA
438, 446 [1988].
72. De Castro v. Court of Appeals , 75 Phil. 824, 834 [1946]; see also Francisco, Handbook
on Evidence, p. 390 [1984] .
73. Martin, Revised Rules on Evidence, pp. 593-594 [1989]; Moran, Comments on the Rules
of Court, vol. 6, p. 124 [1980].
74. See People v. Mahinay , 246 SCRA 451, 459 [1995]; People v. Mamacol , 81 Phil. 543,
545 [1948].
75. De la Paz v. Intermediate Appellate Court, 154 SCRA 5, 71-73 [1987]; People v. Caparas,
102 SCRA 781, 790 [1981]; Savory Luncheonette v. Lakas ng Manggagawang Pilipino,
62 SCRA 258, 263-267 [1975]; also cited in Herrera, Remedial law, vol. 4, pp. 343-344
[1992].

Petitioner Vs Vs Respondents: en Banc

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Petitioner Vs Vs Respondents: en Banc

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EN BANC

[G.R. No. 131652. March 9, 1998.]

BAYANI M. ALONTE , petitioner, vs . HON. MAXIMO A. SAVELLANO JR.,

[G.R. No. 131728. March 9, 1998.]

BUENAVENTURA CONCEPCION , petitioner, vs . JUDGE MAXIMO

Fortun, Narvasa & Salazar for petitioner Bayani M. Alonte.

Bayani M. Alonte, then incumbent Mayor of Biñan, Laguna and Buenaventura

1. REMEDIAL LAW; CRIMINAL PROCEDURE; DUE PROCESS IN CRIMINAL

6. ID.; ID.; DISQUALIFICATION OF JUDGES; IT IS NOT ENOUGH THAT A

8. ID.; CRIMINAL PROCEDURE; PROSECUTORS; EXPECTED TO ACT WITH

5. ID.; ID.; ID.; WEIGHT IN PRIVATE CRIMES. — In private crimes, an a davit

12. REMEDIAL LAW; CRIMINAL PROCEDURE; RULES STRICTLY ADHERED TO.

On 05 December 1996, an information for rape was led against petitioners

"(Sgd) JUVIE-LYN Y. PUNONGBAYAN

On 28 June 1997, Atty. Ramon C. Casino, on behalf of petitioners, moved to have

"The respondent Judge committed grave abuse of discretion amounting to

"2. There had been no valid promulgation of judgment at least as far

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Jurisprudence 1 1 acknowledges that due process in criminal proceedings, in

"(d) Upon admission of the evidence, the case shall be deemed

While Judge Savellano has claimed in his Comment that —

Nevertheless, it is needful to stress a few observations on the a davit of

Firstly, the a davit of desistance of Juvie-Lyn Punongbayan, hereinbefore

"3. That inasmuch as my father, Leonardo Tacadao, Sr., the

"The offended party cannot institute criminal prosecution without including

the Court said:

Ako si JUVIE-LYN Y. PUNONGBAYAN, Filipino, walang asawa, 16 years old,

1. Wala pong katotohanan ang lahat nakasaad sa mga salaysay ni

ni Alonte at ang partisipasyon

3. Nakalahad po sa sumusunod na talata ang detalya ng pang-aabuso

5. Nung Sept. 7, niyaya ako ni Wella na sumali sa dance contest sa

6. Nung Sept. 8, pinakilala ni Wella si Waway sa akin. Si Waway ang

7. Nagpunta kami sa studio sa Delta nung Sept. 11. Bago kami

8. Pagkatapos ng contest, at nung nakapagpalit na ako ng damit,

9. Dinala ako ni Wella sa isang department store at binili niya ako ng

11. Bumaba kami sa tapat ng bahay na bukas ang gate. May

15. Nagmamadaling nagpaalam si Wella. Kinuha ni Mayor ang wallet

19. Naramdaman ko na pilit na pinasok ni Mayor ang ari niya sa aking

23. Mayroon tricycle na nakaabang sa labas. Sumunod si Mayor.

1. That I am the Private Prosecutor in Criminal Case No. 96-19-B for

2. That as Private Prosecutor, it is my avowed duty to be faithful to the

Three Million Pesos (P3M) — for me as Private Prosecutor

SGD. REMEDIOS C. BALBIN

SGD. JUANITO L. GARCIA

ATTY. JUANITO L. GARCIA

PTR No. 63-T-033457

"3. That despite the published declaration by the Department of

"a. On Thursday, March 6, 1997, at about 3:15 o'clock in the

"b. That after a brief exchange on the status of the case, he

Community Tax Certificate — 5208733

SGD. JUANITO L. GARCIA

UNTIL Dec. 31, 1997

(Sgd) ATTY. REMEDIOS C. BALBIN

xxx xxx xxx

2. That on the hearing of the instant case on November 7, 1997, the

5. That as a general rule, a hearing on the petition for bail is necessary to

In the subsequent a davit, dated March 26, 1997, executed by Atty.

xxx xxx xxx

Private crimes cannot be prosecuted except upon complaint led by the

The ling of a complaint in private crimes is merely a condition precedent to the

"The rule in this jurisdiction is that once a complaint or information is led

Yes, your Honor.

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Just to affirm that?

What happened . . . how about the Prosecution Department, they have

On December 13, 1996, petitioner Punongbayan through private counsel,

That's why we are presenting the private complainant, the principal

We understand that your Honor.

Second, the admission of private complainant's a davit of October 21, 1996

7. Rollo of G.R. No. 131652, pp. 65-66.

27. 57 Phil. 274.

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Art. 89. How criminal liability is totally extinguished. — Criminal liability is

62. Article 94 of the Revised Penal Code provides:

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