Miranda v. Tuliao

CODILLA
JURISDICTION
Miranda v. Tuliao
March 31, 2006 G.R. No. 158763 CHICO-NAZARIO, J.
RECIT READY SYNOPSIS

● Relevant Fact: In March 1996, two burnt cadavers were discovered in Purok Nibulan, Ramon,
Isabela, which were later identified as the dead bodies of Vicente Bauzon and Elizer Tuliao, son
of respondent Tuliao. Two informations for murder were filed against SPO1: Leaño, Marzan, and
Agustin; SPO2: Micu and Maderal; and SPO4 Ramirez in RTC-Santiago City. The venue was
later transferred to RTC-Manila which convicted all of the accused except Maderal who was yet to
be arraigned being at large. On Oct. 9, 2001, the Court acquitted the accused on the ground of
reasonable doubt. In Sep. 1999, SPO2 Maderal was arrested and later on executed a sworn
confession, which was submitted by Tuliao in filing a criminal complaint for murder against
petitioners Miranda, PO3 Ocon, SPO3 Dalmacio, dela Cruz, and Doe. In June 2001, Acting
Presiding Judge Wilfredo Tumaliuan issued warrants of arrest against petitioners and Maderal.
Petitioners filed an urgent motion to complete preliminary investigation, to reinvestigate, and to
recall and/or quash the warrants, which Judge Tumaliuan denied on the ground that the court did
not acquire jurisdiction over their persons.
● Relevant Issue: Whether or not the accused can seek any judicial relief without submitting his
person to the jurisdiction of the court
● Held: Yes. Adjudication of a motion to quash a warrant of arrest requires neither jurisdiction over
the person of the accused, nor custody of law over the body of the accused; one who seeks an
affirmative relief is deemed to have submitted to the jurisdiction of the court, and constitutes
voluntary appearance.
Relevant Provisions / Concept / Doctrines
Filing pleadings seeking affirmative relief constitutes voluntary appearance and the consequent
submission of one’s person to the jurisdiction of the court.
Exception: where the prayer is for the AVOIDANCE of the jurisdiction, which only leads to a special
appearance. In criminal cases – (1) motion to quash a complaint for lack of jurisdiction over the person of
the accused; (2) motion to quash a warrant of arrest.
FACTS
● On 8 March 1996, two burnt cadavers were discovered in Purok Nibulan, Ramon, Isabela, which
were later identified as the dead bodies of Vicente Bauzon and Elizer Tuliao, son of respondent
Tuliao who was then under the witness protection program.
● Two informations for murder were filed against SPO1 Wilfredo Leaño, SPO1 Ferdinand Marzan,
SPO1 Ruben Agustin, SPO2 Alexander Micu, SPO2 Rodel Maderal, and SPO4 Emilio Ramirez in
RTC-Santiago City.
● The venue was later transferred to RTC-Manila which convicted all of the accused and sentenced
them to two counts of reclusion perpetua except Maderal who was yet to be arraigned at that
time, being at large.
● On Oct. 9, 2001, the case was appealed on automatic review wherein the Court acquitted the
accused on the ground of reasonable doubt.
● In Sep. 1999, SPO2 Maderal was arrested and later on executed a sworn confession and
identified Jose Miranda, PO3 Romeo Ocon, SPO3 Alberto Dalmacio, Boyet dela Cruz and Amado
Doe, as the persons responsible for the deaths of Bauzon and E. Tuliao.
● Respondent Tuliao filed a criminal complaint for murder against petitioners, and submitted the
sworn confession of SPO2 Maderal.
● In June 2001, Acting Presiding Judge Wilfredo Tumaliuan issued warrants of arrest against
petitioners and Maderal. Petitioners then filed an urgent motion to complete preliminary
investigation, to reinvestigate, and to recall and/or quash the warrants. Judge Tumaliuan denied
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the urgent motion on the ground that the court did not acquire jurisdiction over their persons due
to the absence of the petitioners.
● In Aug. 2001, the new Presiding Judge Anastacio D. Anghad took over the case and reversed the
Joint Order of Judge Tumaliuan leading to the order which cancelled the warrants of arrest issued
against Miranda, Ocon, and Dalmacio.
● In Nov. 2001, the Court issued a temporary restraining order against Judge Anghad from further
proceeding with the criminal cases. Shortly after the said resolution, Judge Anghad issued a Join
Order dismissing the two Informations for murder against petitioners.
● In Dec. 2002, the CA rendered a decision ordering the reinstatement of the criminal cases in
RTC-Santiago, as well as the issuance of warrants of arrest against petitioners and Maderal.
● The CA held that the petitioners cannot seek any judicial relief since they were not yet arrested or
otherwise deprived of their liberty when they filed an urgent motion.
ISSUE
● Whether or not the accused cannot seek any judicial relief without submitting his person to the
jurisdiction of the court.
RULING
● Adjudication of a motion to quash a warrant of arrest requires neither jurisdiction over the person
of the accused, nor custody of law over the body of the accused.
● Custody of the law is required before the court can act upon the application for bail, but is not
required for the adjudication of other reliefs sought by the defendant where the mere application
therefor constitutes a waiver of the defense 8f lack of jurisdiction over the person of the accused.
Custody of the law is accomplished either by arrest or voluntary surrender, while jurisdiction over
the person of the accused is acquired upon his arrest or voluntary appearance. One can be under
the custody of the law but not yet subject to the jurisdiction of the court over his person, such as
when a person arrested by virtue of a warrant files a motion before arraignment to quash the
warrant. On the other hand, one can be subject to the jurisdiction of the court over his person, and
yet not be in the custody of the law, such as when an accused escapes custody after his trial has
commenced. Being in the custody of the law signifies restraint on the person, deprived of his own
will and liberty, binding to become obedient to the will of the law. Custody of the law is literally
custody over the body of the accused. It includes, but is not limited to, detention.
● As a general rule, one who seeks an affirmative relief is deemed to have submitted to the
jurisdiction of the court. Whether in civil or criminal proceedings, seeking an affirmative relief in
court constitutes voluntary appearance. An exception to the rule is in the case of pleadings whose
prayer is for the avoidance of the jurisdiction of the court, which only leads to a special
appearance. These pleadings are: (1) in civil cases, motions to dismiss on the ground of lack of
jurisdiction over the person of the defendant, whether or not other grounds for dismissal are
included; (2) in criminal cases, motions to quash a complaint on the ground of lack of jurisdiction
over the person of the accused; and (3) motions to quash a warrant of arrest.
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Miranda v. Tuliao

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Miranda v. Tuliao

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CODILLA

March 31, 2006 G.R. No. 158763 CHICO-NAZARIO, J.

RECIT READY SYNOPSIS

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