Professional Documents
Culture Documents
*
G.R. No. 149453. October 7, 2003.
_______________
* EN BANC.
21
http://www.central.com.ph/sfsreader/session/0000015679de72d9bf8fc528003600fb002c009e/t/?o=False 1/62
8/11/2016 SUPREMECOURTREPORTSANNOTATEDVOLUME413
http://www.central.com.ph/sfsreader/session/0000015679de72d9bf8fc528003600fb002c009e/t/?o=False 2/62
8/11/2016 SUPREMECOURTREPORTSANNOTATEDVOLUME413
22
application of the new rule would deny him due process and
would violate the equal protection of laws is barren of merit. It
proceeds from an erroneous assumption that the new rule was
approved by the Court solely for his benefit, in derogation of the
right of the State to due process. The new rule was approved by
the Court to enhance the right of due process of both the State
and the accused. The State is entitled to due process in criminal
cases as much as the accused.
Same Same Admissions A judicial admission is a formal
statement made either by a party or his or her attorney in the
course of judicial proceeding which removes an admitted fact from
the field of controversy An admission in open court is a judicial
admission.A judicial admission is a formal statement made
either by a party or his or her attorney, in the course of judicial
proceeding which removes an admitted fact from the field of
controversy. It is a voluntary concession of fact by a party or a
partys attorney during such judicial proceedings, including
admissions in pleadings made by a party. It may occur at any
point during the litigation process. An admission in open court is
a judicial admission. A judicial admission binds the client even if
made by his counsel.
Same Same Same Respondent is bound by the judicial
admissions he made in the Court of Appeals and such admissions
so hold him in the proceedings before the Court.The
respondents contention that his admissions made in his pleadings
and during the hearing in the CA cannot be used in the present
case as they were made in the course of a different proceeding
does not hold water. It should be borne in mind that the
proceedings before the Court was by way of an appeal under Rule
45 of the Rules of Court, as amended, from the proceedings in the
CA as such, the present recourse is but a mere continuation of
the proceedings in the appellate court. This is not a new trial, but
a review of proceedings which commenced from the trial court,
which later passed through the CA. The respondent is bound by
the judicial admissions he made in the CA, and such admissions
so hold him in the proceedings before this Court
http://www.central.com.ph/sfsreader/session/0000015679de72d9bf8fc528003600fb002c009e/t/?o=False 3/62
8/11/2016 SUPREMECOURTREPORTSANNOTATEDVOLUME413
23
http://www.central.com.ph/sfsreader/session/0000015679de72d9bf8fc528003600fb002c009e/t/?o=False 4/62
8/11/2016 SUPREMECOURTREPORTSANNOTATEDVOLUME413
24
http://www.central.com.ph/sfsreader/session/0000015679de72d9bf8fc528003600fb002c009e/t/?o=False 5/62
8/11/2016 SUPREMECOURTREPORTSANNOTATEDVOLUME413
the statement was not made for the purpose of avoiding the
necessity of proof. It has been held that an admission of fact by
counsel for accused, to be admissible, must be voluntarily and
purposely made to avoid necessity of proof, or it must be distinct
and formal made for the express purpose of dispensing with proof
of a fact on the trial. An admission made by counsel in argument
does not take the place of testimony, and is not sufficient to justify
the trial court in assuming that accused admitted such matter.
Otherwise stated, only those admissions made by the attorney
during the trial of the case, which are solemnly and formally
made for the purpose of eliminating the proof of the fact admitted,
that will bind the client. This is without question the just and
proper rule to be followed, for human life and liberty are too
important to depend on the slip of an attorneys tongue during the
pressure and rapidity of the trial. Thus, the accused is not bound
by the admissions made by his attorney in the course of his
argument. His rights cannot be prejudiced by any statement made
by his counsel or any admission he may attempt to make and that
an attorney cannot admit away the life or liberty of accused in the
face of a plea of not guilty.
25
http://www.central.com.ph/sfsreader/session/0000015679de72d9bf8fc528003600fb002c009e/t/?o=False 6/62
8/11/2016 SUPREMECOURTREPORTSANNOTATEDVOLUME413
RESOLUTION
_______________
26
http://www.central.com.ph/sfsreader/session/0000015679de72d9bf8fc528003600fb002c009e/t/?o=False 7/62
8/11/2016 SUPREMECOURTREPORTSANNOTATEDVOLUME413
_______________
27
http://www.central.com.ph/sfsreader/session/0000015679de72d9bf8fc528003600fb002c009e/t/?o=False 8/62
8/11/2016 SUPREMECOURTREPORTSANNOTATEDVOLUME413
The Court also ruled that there was no need for its newest
members to inhibit themselves from participating in the
deliberation of the respondents Motion for
Reconsideration:
http://www.central.com.ph/sfsreader/session/0000015679de72d9bf8fc528003600fb002c009e/t/?o=False 9/62
8/11/2016 SUPREMECOURTREPORTSANNOTATEDVOLUME413
_______________
28
_______________
29
30
31
_______________
32
_______________
These rules shall take effect on January 1, 1964. They shall govern all cases
brought after they take effect, and also all further proceedings in cases then
pending, except to the extent that in the opinion of the court their application
would not be feasible or would work injustice, in which event the former procedure
shall apply.
33
20
intent. While we may not read into the law a purpose
that is not there, we nevertheless have the right to read out
of it the reason for its enactment. In doing so, we defer not
to the letter that killeth but to the
21
spirit that vivifieth, to
give effect to the lawmakers will.
In this case, when the Court approved Section 8, it
intended the new rule to be applied prospectively and not
retroactively, for if the intention of the Court were
otherwise, it would defeat the very purpose for which it was
intended, namely, to give the State a period of two years
from notice of the provisional dismissal of criminal cases
with the express consent of the accused. It would be a
denial of the States right to due process and a travesty of
justice for the Court to apply the new rule retroactively in
the present case as the respondent insists, considering that
the criminal cases were provisionally dismissed by Judge
Agnir, Jr. on March 29, 1999 before the new rule took effect
on December 1, 2000. A retroactive application of the time
bar will result in absurd, unjust and oppressive
http://www.central.com.ph/sfsreader/session/0000015679de72d9bf8fc528003600fb002c009e/t/?o=False 15/62
8/11/2016 SUPREMECOURTREPORTSANNOTATEDVOLUME413
_______________
20 Id., at p. 304.
21 Id.
34
The Court agrees with the petitioners that to apply the timebar
retroactively so that the twoyear period commenced to run on
March 31, 1999 when the public prosecutor received his copy of
http://www.central.com.ph/sfsreader/session/0000015679de72d9bf8fc528003600fb002c009e/t/?o=False 16/62
8/11/2016 SUPREMECOURTREPORTSANNOTATEDVOLUME413
We should not indulge in the fiction that the law now announced has
always been the law and, therefore, that those who did not avail
themselves of it waived their rights . . .
The twoyear period fixed in the new rule is for the benefit of
both the State and the accused. It should not be emasculated and
reduced by an inordinate retroactive application of the timebar
therein provided merely to benefit the accused. For to do so would
cause an injustice of hardship
_______________
35
http://www.central.com.ph/sfsreader/session/0000015679de72d9bf8fc528003600fb002c009e/t/?o=False 17/62
8/11/2016 SUPREMECOURTREPORTSANNOTATEDVOLUME413
99. Respondent submits that the records are still in the same
state of inadequacy and incompletion. This however is not strange
considering that Section 8, Rule 117 had not existed on March 29,
1999, when the criminal cases were dismissed, and then Judge
Agnir did not have its text to guide his actions. How could the
good judge have complied 25
with the mandate of Section 8, Rule 117
when it yet had to exist?
_______________
23 Resolution dated April 1, 2003, pp. 2526 Rollo, Vol. II, pp. 1343
1344.
24 Supra.
25 Rollo, Vol. III, p. 1448.
26 Tan, Jr. v. Court of Appeals, G.R. No. 136368, January 16, 2002, 373
SCRA 524.
36
27
Section 8 of Rule 110 of the RRCP retroactively, it did so
only to cases still pending with this Court and not to cases
already terminated with finality.
The records show that after the requisite preliminary
investigation conducted by the petitioners in accordance
with existing rules, eleven Informations in Criminal Cases
Nos. 01101102 to 01101112 were filed with the RTC on
June 6, 2001, very well within the timebar therefor. The
respondent cannot argue that his right to due process and
to a speedy disposition of the28cases as enshrined in the
Constitution had been violated.
The respondents plaint that he was being singled out by
the prospective application of the new rule simply because
before the Court issued its April 1, 2003 Resolution, he
announced his candidacy for the presidency of the Republic 29
for the 2004 elections has no factual basis whatsoever.
The bare and irrefutable fact is that
_______________
The respondents allusion of loud whispers caused by a suspicion that this Court
or any member of the Court had been manipulated by politics in this government
when it resolved to set aside its 28 May 2002 Resolution is downright
irresponsible. Not too long ago, a distinguished member of the Court said:
Those who wear the black robes are enrolled in a noble mission become
different persons forfeit their past activities, friends and even relatives and
devote full time, attention and effort to the rather reclusive and exclusive world of
decisionmaking . . . .
Quoting Rufus Choate, in part, a judge or justice in administering justice shall
know nothing about the parties, everything about the case. He shall do everything
for justice nothing for himself nothing for his friend nothing for his patron
nothing for his sovereign. All members of the Court acted on and resolved
petitioners motion for reconsideration as well as respondents motion to recuse
Justice Callejo, Sr. in light of their respective study of the rec
http://www.central.com.ph/sfsreader/session/0000015679de72d9bf8fc528003600fb002c009e/t/?o=False 19/62
8/11/2016 SUPREMECOURTREPORTSANNOTATEDVOLUME413
37
_______________
http://www.central.com.ph/sfsreader/session/0000015679de72d9bf8fc528003600fb002c009e/t/?o=False 20/62
8/11/2016 SUPREMECOURTREPORTSANNOTATEDVOLUME413
ords and the relevant laws and rules after due deliberation. . . . (Rollo,
Vol. III, p. 1499).
30 Lassite v. Department of Social Services, 68 L.Ed.2d. 640 (1981).
38
_______________
prosecution for the offense charged, or for any attempt to commit the same
or frustration thereof, or for any offense which necessarily includes or is
necessarily included in the offense charged in the former complaint or
information.
However, the conviction of the accused shall not be a bar to another
prosecution for an offense which necessarily includes the offense charged
in the former complaint or information under any of the following
instances:
40
When the RTC denied his plea for injunctive relief, the
respondent filed his petition for certiorari in the CA, again
invoking his right against double jeopardy, praying that:
(e) the new criminal cases for Murder filed by respondents against
petitioner and the other accused on June 6, 2001 (docketed as
Criminal Cases Nos. 01101102 to 01101112) and pending before
respondent Judge Yadao (Annex B) is dismissible on its face as
they involve exactly the same accused, facts, and offenses which
http://www.central.com.ph/sfsreader/session/0000015679de72d9bf8fc528003600fb002c009e/t/?o=False 23/62
8/11/2016 SUPREMECOURTREPORTSANNOTATEDVOLUME413
_______________
(b) the facts constituting the graver charge became known or were discovered
only after a plea was entered in the former complaint or information or
(c) the plea of guilty to the lesser offense was made without the consent of the
prosecutor and of the offended party except as provided in Section 1(f) of
Rule 116.
In any of the foregoing cases, where the accused satisfies or serves in whole or
in part the judgment, he shall be credited with the same in the event of conviction
for the graver offense.
34 CA Rollo, pp. 89. (Italics supplied).
41
JUSTICE PANGANIBAN:
You are saying that Sen. Lacson can no longer be
prosecuted forever for that crime, for the killing of the
11 in 1995?
ATTY. FORTUN:
That is my submission, Your Honor.
JUSTICE PANGANIBAN:
Let us see your reason for it?
36
ATTY. FORTUN:
First, are you saying that double jeopardy applies or
not?
37
JUSTICE PANGANIBAN:
http://www.central.com.ph/sfsreader/session/0000015679de72d9bf8fc528003600fb002c009e/t/?o=False 24/62
8/11/2016 SUPREMECOURTREPORTSANNOTATEDVOLUME413
_______________
35 Id., at p. 110.
36 This should read Justice Panganiban.
37 This should read Atty. Fortun.
38 This should read Justice Panganiban.
42
ATTY. FORTUN:
Very well, Your Honor.
JUSTICE PANGANIBAN:
You are not invoking double jeopardy?
ATTY. FORTUN:
As I mentioned we are saying that the effects of a
permanent dismissal vest the effects (interrupted)
JUSTICE PANGANIBAN:
No, I am not talking of the effects, I am asking about
the application, you are not asking the Court to apply
the doctrine of double jeopardy to prevent a
prosecution of Mr. Lacson?
http://www.central.com.ph/sfsreader/session/0000015679de72d9bf8fc528003600fb002c009e/t/?o=False 25/62
8/11/2016 SUPREMECOURTREPORTSANNOTATEDVOLUME413
ATTY. FORTUN:
Because the element of double jeopardy cannot apply
8, 117.
JUSTICE PANGANIBAN:
So, the answer is yes?
ATTY. FORTUN:
No, Your Honor, we were saying that precisely a
permanent dismissal vests the rights of double
jeopardy upon the accused who invokes it.
JUSTICE PANGANIBAN:
What you are saying is the effects, 1 am not asking
about the effects, I will ask that later.
ATTY. FORTUN:
They are two different (interrupted)
JUSTICE PANGANIBAN:
Later, I am asking about doctrines. Since you are not
invoking the doctrine of double jeopardy you are
resting your case win or lose, sink or sail on the
application of 8, 117?
ATTY. FORTUN:
On the constitutional right of the accused under
Section 16 of Article 3 which is speedy disposition of
cases which implemented 8, 117, that is our arguments
in this bar.
JUSTICE PANGANIBAN:
Are you not resting on 8, 117?
ATTY. FORTUN:
That and the constitutional provision, Your Honor.
JUSTICE PANGANIBAN:
So, you are resting on 8, 117?
ATTY. FORTUN:
Not exclusive. Your Honor.
43
JUSTICE PANGANIBAN:
And the Constitution?
http://www.central.com.ph/sfsreader/session/0000015679de72d9bf8fc528003600fb002c009e/t/?o=False 26/62
8/11/2016 SUPREMECOURTREPORTSANNOTATEDVOLUME413
ATTY. FORTUN:
The Constitution which gave life to 8, 117.
JUSTICE PANGANIBAN:
To speedy disposition?
ATTY. FORTUN:
Yes, Your Honor.
JUSTICE PANGANIBAN:
Can a Court, let us see your theory thenyour
theory rest on two provisions: first, the Rules of
Court 8, 117 and Second, the Constitution on
speedy disposition?
39
ATTY. Yes, Your Honor.
FORTUN:
JUSTICE SALONGA:
Do we get it from you that it is your stand that this is
applicable to the case at bar?
ATTY. FORTUN:
It is my submission, that it is, Your Honor. In addition,
of course, to my proposition that Mr. Lacson is covered
by the rule on double jeopardy as well, because he had
already been arraigned before the Sandiganbayan
prior to the case being remanded to the RTC.
JUSTICE SALONGA:
You are referring to those cases which were dismissed
by the RTC of Quezon City.
ATTY. FORTUN:
Yes, Your Honor.
JUSTICE SALONGA:
And it is your stand that the dismissal made by the
Court was provisional in nature?
ATTY. FORTUN:
It was in that the accused did not ask for it. What they
wanted at the onset was simply a judicial
determination of probable
http://www.central.com.ph/sfsreader/session/0000015679de72d9bf8fc528003600fb002c009e/t/?o=False 27/62
8/11/2016 SUPREMECOURTREPORTSANNOTATEDVOLUME413
_______________
44
ATTY. FORTUN:
There was none, Your Honor. We were not asked to
sign any order, or any statement which would
normally be required by the Court on pretrial or on
other matters, including other provisional dismissal.
My very limited practice in criminal courts, Your
Honor, had taught me that a judge must be very
careful on this matter of provisional dismissal. In fact,
they ask the accused to come forward, and the judge
himself or herself explains
40
the implications of a
provisional dismissal.
http://www.central.com.ph/sfsreader/session/0000015679de72d9bf8fc528003600fb002c009e/t/?o=False 28/62
8/11/2016 SUPREMECOURTREPORTSANNOTATEDVOLUME413
JUSTICE ROSARIO:
You were present during the proceedings?
ATTY. FORTUN:
Yes, Your Honor.
_______________
45
JUSTICE ROSARIO:
You represented the petitioner in this case?
ATTY. FORTUN:
That is correct, Your Honor. And there was nothing of
that sort which the good Judge Agnir, [Jr.] who is most
knowledgeable in criminal law, had done in respect of
provisional dismissal or the matter of Mr. Lacson
agreeing to the provisional dismissal of the case.
JUSTICE GUERRERO:
Now, you filed a motion, the other accused then filed a
motion for a judicial determination of probable cause?
ATTY. FORTUN:
Yes, Your Honor.
JUSTICE GUERRERO:
Did you make any alternative prayer in your motion
that if there is no probable cause what should the
Court do?
ATTY. FORTUN:
That the arrest warrants only be withheld. That was
the only prayer that we asked. In fact, I have a copy of
that particular motion, and if I may read my prayer
http://www.central.com.ph/sfsreader/session/0000015679de72d9bf8fc528003600fb002c009e/t/?o=False 29/62
8/11/2016 SUPREMECOURTREPORTSANNOTATEDVOLUME413
46
JUSTICE GUERRERO:
If you did not agree to the provisional dismissal, did
you not file any motion for reconsideration of the order
of Judge Agnir, [Jr.] that the case should be dismissed?
ATTY. FORTUN:
I did not, Your Honor, because I knew fully well at that
time that my client had already been arraigned, and
the arraignment was valid as far as I was concerned.
So, the dismissal, Your Honor, by Judge Agnir
operated to benefit me, and therefore I did not take any
further step in addition to rocking the boat or clarifying
_______________
47
process. An
44
admission in open court is a judicial
admission. A judicial
45
admission binds the client even if
made by his counsel. As declared by this Court:
http://www.central.com.ph/sfsreader/session/0000015679de72d9bf8fc528003600fb002c009e/t/?o=False 31/62
8/11/2016 SUPREMECOURTREPORTSANNOTATEDVOLUME413
When the respondent admitted that he did not move for the
dismissal of Criminal Cases Nos. Q9981679 to Q9981689
in his motion for a judicial determination of probable cause,
and that he did not give his express consent to the
provisional dismissal of the said cases, he in fact admitted
that one of the essential requisites of Section 8, Rule 117
was absent.
The respondents contention that his admissions made
in his pleadings and during the hearing in the CA cannot
be used in the present case as they were made in the course
of a different proceeding does not hold water. It should be
borne in mind that the proceedings before the Court was by
way of an appeal under Rule 45 of the Rules of Court, as
amended, from the proceedings in the CA as such, the
present recourse is but a mere continuation of the
proceedings in the appellate court. This is not a new trial,
but a review of proceedings which commenced from the
trial court, which later passed through the CA. The
respondent is bound by the judicial admissions he made in
the CA, and such admissions so hold him in the
proceedings before this Court. As categorically
47
stated in
Habecker v. Clark Equipment Company:
_______________
44 Ibid. 771.
45 Glick v. White Motor Company, 458 F.2d. 1287 (1972).
46 People v. Hernandez, 260 SCRA 25 (1996), citing 31 CJS 537.
47 797 F.Supp. 381 (1992), citing Glick v. White Motor Co., supra.
48
_______________
49
http://www.central.com.ph/sfsreader/session/0000015679de72d9bf8fc528003600fb002c009e/t/?o=False 33/62
8/11/2016 SUPREMECOURTREPORTSANNOTATEDVOLUME413
52
81689. In the April 1, 2003 Resolution of the Court, the
Presiding Judge of Branch 81 of the RTC of Quezon City
was directed to try and decide Criminal Cases Nos. 01
101102 to 01101112 with reasonable dispatch. The Court
notes, however, that in Administrative Order No. 10496,53
it
designated six branches of the RTC of Quezon City as
special courts, exclusively to try and decide heinous crimes
under Rep. Act No. 7659. Since the accused in the said
cases are charged with murder, which under Rep. Act No.
7659, is classified as a heinous crime, the above cases
should be consolidated and reraffled by the Executive
Judge of the RTC of Quezon City to a branch thereof
designated as a special court, exclusively to try and decide
heinous crimes.
IN LIGHT OF ALL THE FOREGOING, respondent
Panfilo M. Lacsons Omnibus Motion and Motion to Set for
Oral Arguments are DENIED. The respondents Motion for
Reconsideration and its Supplement are DENIED WITH
FINALITY. The Executive Judge of the Regional Trial
Court of Quezon City is hereby DIRECTED to
CONSOLIDATE Criminal Cases Nos. 01101102 to 01
101112 and to RERAFFLE the same with dispatch to one
of the branches of the Regional Trial Court of Quezon City
designated as a special court, exclusively to try and decide
heinous crimes.
SO ORDERED.
_______________
http://www.central.com.ph/sfsreader/session/0000015679de72d9bf8fc528003600fb002c009e/t/?o=False 34/62
8/11/2016 SUPREMECOURTREPORTSANNOTATEDVOLUME413
50
DISSENTING OPINION
SANDOVALGUTIERREZ, J.:
_______________
http://www.central.com.ph/sfsreader/session/0000015679de72d9bf8fc528003600fb002c009e/t/?o=False 35/62
8/11/2016 SUPREMECOURTREPORTSANNOTATEDVOLUME413
accused, has obtained dismissal of those charges, and has then been
charged once again with the same crime by the same sovereign. Nothing
therein suggests that an accused must be continuously charged in order to
obtain the benefits of the speedy trial right. A natural reading of the
language is that the Speedy Trial Clause continues to protect one who has
been accused of a crime until the government has completed its attempts
to try him for that crime. In Klopfer vs. North Carolina, 386 U.S. 213, the
51
_______________
prosecutor entered a nolle prosequi with leave after the first trial
ended in a mistrial. Under that procedure, the defendant was discharged
from custody and subjected to no obligation to report to the court. It was
held that the indefinite postponement of the prosecution, over defendants
objection, clearly denied the defendant the right to a speedy trial. The
Court reasoned that the defendant may be denied an opportunity to
exonerate himself in the discretion of the solicitor and held subject to trial,
over his objection, throughout the unlimited period in which the solicitor
http://www.central.com.ph/sfsreader/session/0000015679de72d9bf8fc528003600fb002c009e/t/?o=False 36/62
8/11/2016 SUPREMECOURTREPORTSANNOTATEDVOLUME413
may restore the case to the calendar. During that period, there is no
means by which he can obtain a dismissal or have the case restored to the
calendar trial. The prosecutor was required to take affirmative steps to
reinstate the prosecution no charges were actively pending against
Klopfer, nevertheless, the court held that the speedy trial right applied.
4 Am Jur 2d 1031, citing Ex parte State ex rel Atty. Gen., 255 Ala. 443,
52 So. 2d 158 (1951) Hicks vs. People, 148 Colo. 26, 364 P. 2d 877 (1961)
State vs. Strong, 8 Kan. App. 2d 589, 663 P. 2d 668 (1983) State vs.
Stimson, 41 Was. App. 385, 704 P. 2d 1220 (Div. 3 1985).
5 State vs. Kuhnhausen, 201 Or. 478, 272 P. 2d 225 (1954).
6 Barela vs. People, 826 P. 2d 1249 (Colo. 1992) State vs. Russet, 108
Idaho 58, 696 P. 2d 909 (1985) State vs. Strong, supra.
52
http://www.central.com.ph/sfsreader/session/0000015679de72d9bf8fc528003600fb002c009e/t/?o=False 37/62
8/11/2016 SUPREMECOURTREPORTSANNOTATEDVOLUME413
_______________
53
http://www.central.com.ph/sfsreader/session/0000015679de72d9bf8fc528003600fb002c009e/t/?o=False 38/62
8/11/2016 SUPREMECOURTREPORTSANNOTATEDVOLUME413
_______________
54
not so much for the interest of the State but precisely for
the protection of the accused against protracted
prosecution. This Courts Committee on Revision of the
Rules of Court clearly saw the prejudice to the rights of the
accused caused by a suspended provisional dismissal of his
case. Hence, if we are to follow the majoritys line of
reasoning that Section 8, Rule 117 must be read according
to its spirit or intent, then the logical conclusion is the
retroactive application of the rule. Certainly, it is the
construction that will advance the object and secure the
benefits intended.
The Court, in setting a limit to the States right to re
prosecute, has recognized the injustice and the evil
accompanying suspended provisional dismissals. It has
impliedly acknowledged that the situation sought to be
remedied is unjust and undesirable. Now, is it not
inconsistent for this Court to suspend the application of the
new rule to respondents case just because the rule was
http://www.central.com.ph/sfsreader/session/0000015679de72d9bf8fc528003600fb002c009e/t/?o=False 39/62
8/11/2016 SUPREMECOURTREPORTSANNOTATEDVOLUME413
_______________
13 People vs. Arrojado, G.R. No. 130492, January 21, 2001, 350 SCRA
679.
14 Rollo at pp. 93102.
55
_______________
15 16B Am Jur 2d 690, citing In re Lancy, 208 B. 481, 30 Bankr. Ct. dec. (CRR)
1018 (Bankr. D. Ariz, 1997) DIRECTV, Inc. vs. F.C.C, 110 F. 3d 816 (d.c. Civ.
1997) State vs. L.V.I Group, 1997 ME 25, 690 A. 2d 960 (Me. 1997).
56
_______________
57
_______________
17 Bradford vs. Suffolk Country, 257 A.D. 777 15 N.Y.S. 2d 353 (2d
Dept 1939), judgment affirmed as modified, 283 N.Y. 503, 28 N.E 2d 932
(1940).
18 Holen vs. MinneapolisSt. Apul Metropolitan Airports Commission,
250 Minn.
19 State vs. Thomas, 15 P. 2d 723, 726, 136 Kan. 400.
58
http://www.central.com.ph/sfsreader/session/0000015679de72d9bf8fc528003600fb002c009e/t/?o=False 43/62
8/11/2016 SUPREMECOURTREPORTSANNOTATEDVOLUME413
20
proof of a fact on the trial. An admission made by21 counsel
in argument does not take the place of testimony, and is
not sufficient to justify the trial court in assuming that
accused admitted such matter. Otherwise stated, only those
admissions made by the attorney during the trial of the
case, which are solemnly and formally made for the
purpose of eliminating the proof of the fact admitted, that
will bind the client. This is without question the just and
proper rule to be followed, for human life and liberty are too
important to depend on the slip of an attorneys tongue
during the pressure and rapidity of the trial. Thus, the
accused is not bound by the admissions 22
made by his
attorney in the course of his argument. His rights cannot
be prejudiced by any statement made 23
by his counsel or any
admission he may attempt to make and that an attorney
cannot admit away the 24
life or liberty of accused in the face
of a plea of not guilty.
Corollarily, the majoritys view that a cursory reading
of the respondents motion for judicial determination of
probable cause (filed with the trial court) will show x x x
that respondent was only asking the court to determine
whether or not there was probable cause for the issuance of
a warrant for his arrest and in the meantime, to hold in
abeyance the issuance of said warrant and not to dismiss
the case 25is hardly convincing. It appears from the
Resolution dated March 29, 1999 of the trial court that
respondents prayer was for that court to (1) make a
judicial determination of the existence of probable cause for
the issuance of warrants of arrest (2) hold in abeyance the
issuance of warrants in the meantime and (3) dismiss the
cases should the court find no probable cause. Clearly, this
third plea is a manifestation that the dismissal of the cases
was with respondents consent. While it is true that what
he filed was a mere motion for the judicial determination of
probable cause and for examination of prosecution
witnesses,
26
the same was anchored on the case of Allado vs.
Diokno. There, we ruled that [I]f upon the filing of the
information in court, the trial
_______________
http://www.central.com.ph/sfsreader/session/0000015679de72d9bf8fc528003600fb002c009e/t/?o=False 44/62
8/11/2016 SUPREMECOURTREPORTSANNOTATEDVOLUME413
59
DISSENTING OPINION
YNARESSANTIAGO, J.:
_______________
http://www.central.com.ph/sfsreader/session/0000015679de72d9bf8fc528003600fb002c009e/t/?o=False 45/62
8/11/2016 SUPREMECOURTREPORTSANNOTATEDVOLUME413
60
http://www.central.com.ph/sfsreader/session/0000015679de72d9bf8fc528003600fb002c009e/t/?o=False 46/62
8/11/2016 SUPREMECOURTREPORTSANNOTATEDVOLUME413
_______________
61
_______________
http://www.central.com.ph/sfsreader/session/0000015679de72d9bf8fc528003600fb002c009e/t/?o=False 47/62
8/11/2016 SUPREMECOURTREPORTSANNOTATEDVOLUME413
62
http://www.central.com.ph/sfsreader/session/0000015679de72d9bf8fc528003600fb002c009e/t/?o=False 48/62
8/11/2016 SUPREMECOURTREPORTSANNOTATEDVOLUME413
_______________
63
http://www.central.com.ph/sfsreader/session/0000015679de72d9bf8fc528003600fb002c009e/t/?o=False 49/62
8/11/2016 SUPREMECOURTREPORTSANNOTATEDVOLUME413
_______________
65
66
http://www.central.com.ph/sfsreader/session/0000015679de72d9bf8fc528003600fb002c009e/t/?o=False 52/62
8/11/2016 SUPREMECOURTREPORTSANNOTATEDVOLUME413
_______________
13 Resolution, p. 10.
14 Id., p. 14, citing Tan v. Court of Appeals, G.R. No. 136368, 16
January 2002, 373 SCRA 524.
15 Id., pp. 1415.
67
http://www.central.com.ph/sfsreader/session/0000015679de72d9bf8fc528003600fb002c009e/t/?o=False 53/62
8/11/2016 SUPREMECOURTREPORTSANNOTATEDVOLUME413
_______________
68
_______________
19 Gregorio v. Court of Appeals, 135 Phil. 224 26 SCRA 229 (1968) Tinio v.
Mina, 135 Phil. 504 26 SCRA 512 (1968).
20 Billones v. CIR, 122 Phil. 25 14 SCRA 674 (1965) Systems Factors
Corporation, et al. v. Court of Appeals, G.R. No. 143789, 27 November 2000, 346
SCRA 149 Unity Fishing Corporation, et al. v. Court of Appeals, G.R. No. 145415,
2 February 2001, 351 SCRA 140 Serrano v. Court of Appeals, G.R. No. 130420, 15
August 2001, 363 SCRA 223.
21 Benguet Consolidated Mining Co. v. Pineda, 98 Phil 711 (1956) Laurel v.
Misa, 76 Phil 372 (1946).
69
namely, to give the State a period of two years from notice of the
provisional dismissal of criminal cases with the express consent of
the accused. It would be a denial of the States right to due
process and a travesty of justice for the Court to apply the new
rule retroactively in the present case as respondent insists,
considering that the criminal cases were provisionally dismissed
by Judge Agnir, Jr. on March 19, 1999 before the new rule took
effect on December 1, 2000. A retroactive application of the time
bar will result in absurd, unjust and oppressive consequences to
the State and to the victims of crimes and their heirs.
x x x x x x x x x
The State would thus be sanctioned for its failure to comply
with a rule yet to be approved by the Court. It must be stressed
that the institution and prosecution of criminal cases are
governed by existing rules and not by rules yet to exist. It would be
the apex of injustice to hold that Section 8 had a platonic or ideal
existence before it was approved by the Court. The past cannot 22
be
erased by a capricious retroactive application of the new rule.
_______________
70
_______________
http://www.central.com.ph/sfsreader/session/0000015679de72d9bf8fc528003600fb002c009e/t/?o=False 57/62
8/11/2016 SUPREMECOURTREPORTSANNOTATEDVOLUME413
71
_______________
72
_______________
73
_______________
74
o0o
75
Copyright2016CentralBookSupply,Inc.Allrightsreserved.
http://www.central.com.ph/sfsreader/session/0000015679de72d9bf8fc528003600fb002c009e/t/?o=False 62/62