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Lucero
G.R. L-2068
Facts:
The petitioner in the case appeared at the preliminary investigation before the
Justice of Peace of Masantol, Pampanga, and after being informed of the criminal
charges against him and asked if he pleaded guilty or not guilty, upon which he entered
the plea of not guilty. "Then his counsel moved that the complainant present her
evidence so that she and her witnesses could be examined and cross-examined in the
manner and form provided by law." The fiscal and the private prosecutor objected,
invoking section 11 of rule 108, and the objection was sustained. "In view thereof, the
accused's counsel announced his intention to renounce his right to present evidence,"
and the justice of the peace forwarded the case to the court of first instance.
The counsel for the accused petitioner filed a motion with the CFI praying that the
record of the case be remanded to the justice of peace of Masantol, on order that the
petitioner might cross-examine the complainant and her witnesses in connection with
their testimony. The motion was denied and for that reason the present special civil
action of mandamus was instituted. Petitioner squarely attacks the validity of the
provision of section 11 or Rule 108, on the ground that it deprives him of the right to be
confronted with and cross-examine the witnesses for the prosecution, contrary to the
provision of section 13, Article VIII of the Constitution.
Issue:
Whether or not Section 11, Rule 108 of the Rules of Court is an infringement to
the provision of section 13, Article VIII, of the Constitution hence the decision of the
majority is judicial legislation that diminishes the right of the accused.
Ruling:
NO. the Supreme Court ruled that section 11 of Rule 108, like its predecessors is
an adjective law and not a substantive law or substantive right. Substantive law creates
substantive rights and the two terms in this respect may be said to be synonymous.
Substantive rights is a term which includes those rights which one enjoys under the
legal system prior to the disturbance of normal relations. Substantive law is that part of
the law which creates, defines and regulates rights, or which regulates the rights and
duties which give rise to a cause of action; that part of the law which courts are
established to administer; as opposed to adjective or remedial law, which prescribes the
method of enforcing rights or obtains redress for their invasion. As applied to criminal
law, substantive law is that which declares what acts are crimes and prescribes the
punishment for committing them, as distinguished from the procedural law which
provides or regulates the steps by which one who commits a crime is to be punished
Preliminary investigation is eminently and essentially remedial; it is the first step taken in
a criminal prosecution.