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Alonte vs. Savellano, Jr.

*
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 A. SAVELLANO, JR., THE PEOPLE OF THE
PHILIPPINES, and JUVIELYN Y. PUNONGBAYAN,
respondents.

Constitutional Law; Criminal Procedure; Due Process;

Requisites of due process in criminal proceedings.—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.
Same; Same; Same; The above constitutional and
jurisprudential postulates, by now elementary and deeply
imbedded in our criminal justice system, are mandatory and
indispensable.—The above constitutional and jurisprudential
postulates, by now elementary and deeply imbedded in our own
criminal justice system, are mandatory and indispensable. The
principles find 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.”
Same; Same; Same; 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 Solicitor General has aptly discerned a
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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 pre-

_______________

* EN BANC.

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Alonte vs. Savellano, Jr.

sent 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 modification 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 first 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.
Same; Same; Desistance; An affidavit 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.—An affidavit 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 affidavit, 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.
Same; Same; Courts; All suitors are entitled to nothing short
of the cold neutrality of an independent, wholly-free, disinterested
and unbiased tribunal.—Relative to the prayer for the
disqualification 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-
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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.

PUNO, J., Separate Opinion:

Same; Same; Desistance; The general rule is that courts look

with disfavor upon retractions of testimonies previously given in
court.—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

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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 affidavits 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.
Same; Same; Same; There are instances when a recantation
may create serious doubts as to the guilt of the accused; 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.—The general rule notwithstanding, the affidavit 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
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short, only where there exists special circumstances in the case

which when coupled with the retraction raise doubts as the truth
of the testimony or statement given, can a retraction be
considered and upheld.
Same; Same; Same; The court attaches no persuasive value to
a desistance especially when executed as an afterthought.—A
survey of our jurisprudence reveals that the same rule has been
applied to affidavits of desistance. An affidavit 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 filed 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

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affidavit of desistance calls for a reexamination of the records of

the case.
Same; Same; Same; A case is not dismissed upon mere
affidavit of desistance of the complainant, particularly where there
exist special circumstances that raise doubts as to the reliability of
the affidavit.— In private crimes, an affidavit of desistance filed
by a private complainant is also frowned upon by the courts.
Although such affidavit 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 affidavit of desistance of the
complainant, particularly where there exist special circumstances
that raise doubts as to the reliability of the affidavit.
Same; Same; Same; After the case has been filed in court, any
pardon made by the private complainant, whether by sworn
statement or on the witness stand, cannot extinguish criminal
liability.— 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.
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After the case has been filed 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.
Same; Same; Same; Even the death of the offended party
cannot extinguish the case once it is filed in court.—Even the
death of the offended party cannot extinguish the case once it is
filed in court. If the offended party dies immediately after filing
the complaint but before the institution of the criminal action, his
death is not a ground to dismiss the case. 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.

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Alonte vs. Savellano, Jr.

Same; Same; Same; 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.—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.
Same; Same; Same; The rape case is already in court and it is
no longer her right to decide whether or not the charge should be
continued.—In the case at bar, the “Affidavit 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.

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Same; Same; The proceedings did not conform with the

procedure for trial as provided in the 1985 Rules on Criminal
Procedure.— 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. x x x 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.
Same; Same; Our criminal rules of procedure strictly provide
the step by step procedure to be followed by courts in cases
punishable by death.—Our criminal rules of procedure strictly
provide the step by step procedure to be followed by courts in
cases punishable by

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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. Thus: “Judges
should be reminded that each step in the trial process serves a
specific purpose. In the trial of criminal cases, the constitutional
presumption of innocence in favor of the accused requires that an
accused be given sufficient 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.”
Same; Same; Evidence; 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.—The admission of
private complainant’s affidavit of October 21, 1996 was made
solely in response to respondent judge’s own questioning. It was
this affidavit which respondent judge used to convict the
petitioners. This affidavit, 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.” Evidence not
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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.
Same; Same; Where there is a doubt as to the nature of the
criminal proceedings before the court, the doubt must be resolved
in favor of the accused who must be given the widest latitude of
action to prove his innocence.—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.
Same; Same; No opportunity to cross-examine was afforded
petitioners and their counsels such that they cannot be deemed to
have waived said right by inaction.—Indeed, following respondent
judge’s

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Alonte vs. Savellano, Jr.

finding 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 crossexamine private complainant with respect to her
affidavit 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.

PETITION Ex Abudante Ad Cautelam in the Supreme

Court. Certiorari, Prohibition, Habeas Corpus, Bail,
Recusation of Respondent Judge and for Disciplinary
Action Against an RTC Judge.

The facts are stated in the opinion of the Court.

          Fortun, Narvasa & Salazar for petitioner Bayani
Alonte.
          Ramon C. Casano for petitioner Buenaventura
Concepcion.
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          The Law Firm of Raymundo A. Armovit for

respondent Judge.

VITUG, J.:

Pending before this Court are two separate petitions, one

filed 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
finding both petitioners guilty beyond reasonable doubt of
the crime of rape. The two petitions were consolidated.
On 05 December 1996, an information for rape was filed
against petitioners Bayani M. Alonte, an incumbent Mayor
of Biñan, Laguna, and Buenaventura Concepcion
predicated on a complaint filed 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,

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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 Bayani1 Alonte who subsequently raped her.
“Contrary to Law.”

The case was docketed Criminal Case No. 9619-B and

assigned by raffle 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 Guiab, Jr., filed
with the Office of the Court Administrator a Petition for a
Change of Venue (docketed Administrative Matter No. 97-
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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 affidavit 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 filed against
Mayor Bayani ‘Arthur’ Alonte of Biñan, Laguna, with the
RTCBranch 25 of Biñan, Laguna;

_______________

1 Rollo of G.R. No. 131728, pp. 20-21.

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Alonte vs. Savellano, Jr.

“2. That the case has been pending for some time, on
preliminary issues, specifically, (a) change of venue, filed
with the Supreme Court; (b) propriety of the appeal to the
Court of Appeals, and after its denial by said court,
brought to the Office of the President, on the veracity of
the findings of the Five-Man Investigating Panel of the
State Prosecutor’s Office, and the Secretary of Justice, and
(c) a holddeparture 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 finally resolved, I anticipate
a still indefinite suspension of my schooling to attend the
hearings;
“4. That during the entire period since I filed 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,

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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 Office of the State
Prosecutor found a prima facie case although the
information has not been filed, and that I will not at any
time revive this, and related cases or file new cases,
whether, criminal, civil, and/or administrative, here or
anywhere in the Philippines;
“7. That I likewise realize that the execution of this Affidavit
will put to doubt my credibility as a witness-complainant;
“8. That this is my final 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 official of officer,
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

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Alonte vs. Savellano, Jr.

“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) Illegible2
Administering Officer”

On 28 June 1997, Atty. Ramon C. Casano, 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
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complainant’s affidavit of desistance. On 22 August 1997,

ACSP Guiab filed his comment on the motion to dismiss.
Guiab 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 affidavits give specific 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

_______________

2 Rollo of G.R. No. 131728, pp. 34-35.

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Alonte vs. Savellano, Jr.

illicit influence 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 raffle Crim. Case No. 9619-B to
any of its branches. The judge to whom Crim. Case No. 9619-B
shall be raffled shall resolve the petitioner’s Motion to Resume
Proceedings filed 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 Guiab. 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 3records of Crim.
Case No. 9619-B upon receipt of this Resolution.”

On 17 September 1997, the case, now re-docketed Criminal

Case No. 97-159935 by the Clerk of Court of Manila, was
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assigned by raffle 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 Guiab.”
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.

_______________

3 Rollo of G.R. No. 131652, pp. 72-73.

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Alonte vs. Savellano, Jr.

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 4 agreed to
proceed with the trial of the case on the merits. According
to Alonte, however, Judge Savellano allowed the
prosecution to present evidence relative only to the
question of5the voluntariness and validity of the affidavit of
desistance.
It would appear that immediately following the
arraignment, the prosecution presented private
complainant Juvielyn Punongbayan followed by her
parents. During this hearing, Punongbayan affirmed the
validity and voluntariness of her affidavit 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
confirmed: (i) That she was compelled to desist because of
the harassment she was experiencing from the media, (ii)
that no pressures nor influence were exerted upon her to
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sign the affidavit of desistance, and (iii) that neither she

nor her parents received a single centavo from anybody to
secure the affidavit of desistance.
Assistant State Prosecutor Marilyn Campomanes then
presented, in sequence: (i) Punongbayan’s parents, who
affirmed their signatures on the affidavit 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 affidavit of desistance was
signed by Punongbayan and her parents in his presence
and that he was satisfied 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.

_______________

4 Rollo of G.R. No. 131652, p. 42.

5 Rollo, p. 7.

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Alonte vs. Savellano, Jr.

Thereupon, respondent6 judge said that “the case was

submitted for decision.”
On 10 November 1997, petitioner Alonte filed an
“Urgent Motion to Admit to Bail.” Assistant State
Prosecutor Campomanes, in a Comment filed 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 filed anew an Urgent Plea to
Resolve the Motion for Bail. On even date, ASP
Campomanes filed 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 filed a Second, Third,
Fourth and Fifth Motion for Early Resolution, respectively,
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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.
Sigfrid 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
confined at the NBI clinic and that, upon the other hand,
petitioner Concepcion and his counsel would appear not to
have been notified of

_______________

6 TSN, 07 November 1997, p. 70.

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258 SUPREME COURT REPORTS ANNOTATED

Alonte vs. Savellano, Jr.

the proceedings. The promulgation, nevertheless, of the

decision proceeded in absentia; the reading concluded:

“WHEREFORE, judgment is hereby rendered finding the two (2)

accused Mayor Bayani Alonte and Buenaventura ‘Wella’
Concepcion guilty beyond reasonable doubt of the heinous crime
of RAPE, as defined 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 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. 7
“SO ORDERED.”

On the same day of 18th December 1997, petitioner Alonte

filed a motion for reconsideration. Without waiting for its
resolution, Alonte filed the instant “Ex Abundante Ad
Cautelam” for “Certiorari, Prohibition, Habeas Corpus,

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Bail, Recusation of respondent Judge, and for Disciplinary

Action against an RTC Judge.” Petitioner Concepcion later
filed his own petition for certiorari and 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).
“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 in violation of the mandatory provisions
of the Rules on Criminal Procedure, specifically, in the conduct
and order

_______________

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

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Alonte vs. Savellano, Jr.

of trial (Rule 119) prior to the promulgation of a judgment (Rule

120; Annex A).
“The respondent Judge committed grave abuse of discretion
amounting to 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) affidavits (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 affiants thereof, again in violation of
petitioner’s right to due process (Article III, §1, Constitution).
“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 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 8reason that simpler
offenses could end up with the same result).”

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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

_______________

8 Rollo of G.R. No. 131652, pp. 13-14.

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260 SUPREME COURT REPORTS ANNOTATED

Alonte vs. Savellano, Jr.

though he has been9 charged only as an accomplice

in the information.”

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 affidavit which she expressly
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affirmed and confirmed 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 sufficient enough for their
purposes. They left everything
10
to the socalled ‘desistance’ of the
private complainant.”

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 affidavit 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.

_______________

9 Rollo of G.R. No. 131728, p. 10.

10 Rollo, p. 64.

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Alonte vs. Savellano, Jr.

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

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been duly notified and his failure to appear is

unjustifiable.”
11
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
12
(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 find 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 13
upon inquiry and
renders judgment only after trial.”
The order of trial in criminal cases is clearly spelled out
in Section 3, Rule 119, of the Rules of Court; viz.:

_______________

11 People vs. Dapitan, 197 SCRA 378.

12 At p. 388.
13 Darmouth College vs. Woodward, 4 Wheaton 518, citing Webster.

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262 SUPREME COURT REPORTS ANNOTATED

Alonte vs. Savellano, Jr.

“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.
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“(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.”
14
In Tabao vs. Espina, the Court has underscored the need
to adhere strictly to the above rules. It reminds that—

“x x x each step in the trial process serves a specific purpose. In

the trial of criminal cases, the constitutional presumption of
innocence in favor of an accused requires that an accused be given
sufficient 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 one15
who has an unsound and distorted sense of justice
and fairness.

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

_______________

14 257 SCRA 298.

15 At pp. 305-306.

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Alonte vs. Savellano, Jr.

Juvielyn Punongbayan, even after she attested, in answer to

respondent judge’s clarificatory questions, the voluntariness and
truth of her two affidavits—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 sufficient

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awareness of 16 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
17
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 defenses18 nor
have dates therefor been scheduled for the purpose; (2)
the parties have not been given the opportunity to present
rebutting evidence nor have19
dates been set by respondent
Judge for the purpose; and (3) petitioners have not
admitted the act charged in the Information
20
so as to justify
any modification in the order of trial. There can be no
shortcut 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 first 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 fine, 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

_______________

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).

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264 SUPREME COURT REPORTS ANNOTATED

Alonte vs. Savellano, Jr.

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.
Nevertheless, it is needful to stress a few observations
on the affidavit of desistance executed by the complainant.
Firstly, the affidavit of desistance of Juvie-Lyn
Punongbayan, hereinbefore quoted, does not contain any
statement that disavows the veracity of her complaint
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against petitioners but merely seeks to “be allowed to

withdraw” her complaint and to discontinue with the case
for varied 21other reasons. On this subject, the case of People
vs. Junio, should be instructive. The Court has there
explained:

“The appellant’s submission that the execution of an Affidavit 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)
find(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 affidavits of retraction
can easily be

_______________

21 237 SCRA 826.

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secured from poor and ignorant witnesses, usually for monetary

consideration, the Court has invariably regarded such affidavits
as exceedingly unreliable. [Flores vs. People, 211 SCRA 622,
citing De Guzman vs. Intermediate Appellate
22
Court, 184 SCRA
128; People vs. Galicia, 123 SCRA 550.]

The Junio rule is no different from ordinary

23
criminal cases.
For instance, in People vs. Ballabare, a murder case, the
Court has ruled:

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“The contention has no merit. To begin with, the Affidavit

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 affidavit, 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 accusedappellant. Thus, her affidavit 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 Affidavit 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
affidavit withdrawing the testimony is subsequently presented by
the defense. In the first place, any recantation must be tested in a
public trial with sufficient 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 affidavit. Her affidavit is thus hearsay. It was her
husband, Roque Asenita, who was presented and the matters he
testified to did not even bear on the substance of Tessie’s affidavit.
He testified that accusedappellant was not involved in the
perpetration of the crime.

_______________

22 At p. 834.
23 264 SCRA 350.

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266 SUPREME COURT REPORTS ANNOTATED

Alonte vs. Savellano, Jr.

“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
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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 SCRA24
525.] In this case we think the trial court
correctly ruled.”

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, 25and a party is not precluded from
invoking that authority.
Secondly, an affidavit 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 affidavit, 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
filed by the offended party or her parents, grandparents, or
guardian, nor in any case, if the offender has been expressly
pardoned by the

_______________

24 At pp. 360-361.
25 See Section 5(e), Rule 135, Rules of Court.

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Alonte vs. Savellano, Jr.

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 affidavit of desistance is attached was filed after the
institution of the criminal case. And, affiant did not appear to be
serious in ‘signifying (her) intention to refrain from testifying’
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since she still completed her testimony notwithstanding her

earlier affidavit of desistance. More, the affidavit 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 filed before the court a quo on 6 April 1992,
perhaps
26
dated as such to coincide with the actual filing of the
case.”
27
In People vs. Miranda, 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 filed 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
filed 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 coprincipals, accomplices and accessories after
the fact of the above-mentioned crimes.”—

_______________

26 237 SCRA 826, 835.

27 57 Phil. 274.

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Alonte vs. Savellano, Jr.

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
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persons, as the case may be. It does not prohibit the continuance
of a prosecution if 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 28
is
the marriage between the offender and the offended party.”
29
In People vs. Infante, 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 filed on behalf of the appellant predicated on an
affidavit executed by Manuel Artigas, Jr., in which he pardoned
his guilty spouse for her infidelity. 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

_______________

28 At p. 275.
29 57 Phil. 138.

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Alonte vs. Savellano, Jr.

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 30
to be
effective—circumstances which do not concur in this case.”
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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 disqualification 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
31
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
arouse32any 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.
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 justified 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

_______________

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.

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also to act
33
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

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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 “Affidavit of Desistance,”

executed by Juvie-Lyn Y. Punongbayan on 25 June
1997, having been filed AFTER the institution of
Criminal Case No. 97159935, 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 raffle 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.), No part: Related to one of counsel.
     Regalado, Davide, Jr., Romero, Bellosillo, Mendoza
and Panganiban, JJ., Join in the separate opinion of
Justice Puno.
     Puno, J., Please see Separate Opinion.

_______________

33 Section 4 (b), Republic Act No. 6713, entitled Code of Conduct and
Ethical Standards for Public Officials and Employees.

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SEPARATE OPINION

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PUNO, J.:

The facts are critical and need to be focused. Petitioners

were charged with rape in Criminal Case No. 159935 which
was raffled to Br. 25 of the RTC of Biñan, Laguna. The
charge is principally based on the following affidavit 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 detalye nung panggagahasa ni Alonte

at ang partisipasyon ni Wella Concepcion

3. Nakalahad po sa sumusunod na talata ang detalye 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.

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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 nagsponsor 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
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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.

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Alonte vs. Savellano, Jr.

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. Sumundo
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
ang 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 flowers; 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

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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.

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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
iembrace ko na lang daw siya. Lalo akong umiyak
kahit 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

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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 kuwarto. 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

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Alonte vs. Savellano, Jr.

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 nandoon.
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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 figure and almost an institution in Biñan, Laguna
x x x.”
On March 31, 1997, the private complainant, thru the
then Secretary of Justice, the Honorable Teofisto Guingona
and Chief State Prosecutor Jovencito Zuño filed a
Manifestation and Motion for the early resolution of the
petition for change of venue. They submitted the affidavits
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
‘affidavit of desistance’ from the private complainant.”
Worth bright lining are the two (2) affidavits of Atty.
Remedios C. Balbin, counsel for the private complainant,
relating the fantastic amount of P10M bribe money
allegedly offered to her. The first affidavit 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:

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276 SUPREME COURT REPORTS ANNOTATED

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1. That I am the Private Prosecutor in Criminal Case

No. 9619-B for rape, filed 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 Office
at the Quezon City Hall Compound, by a lawyer
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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 field
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-9012660)
for parricide involving the death of a 2 1/2 year old
boy. I

277

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Alonte vs. Savellano, Jr.

wrote on page one of the xerox copy of the decision:

‘To Atty. Leo Romero—so you will understand,’ and
to which I affixed 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 Affidavit on the offer
of Ms. Emily Vasquez for a valuable consideration
in exchange for an affidavit 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 affidavit 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
official. 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 difficulty in finding another lawyer
to ‘adopt’ them in the way I did, which gives them
strength to pursue their case with confidence 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 filed by me or against me,
connected with my performance of official duties,
and I should not add more legal problems despite
my authority to engage in private law practice.
14. That this affidavit is executed in order to put on
record the attempt to influence me directly, in
exchange for valuable consideration to drop the rape
charge against Mayor Bayani Arthur Alonte.

February 24, 1997, City of Manila.

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SGD. REMEDIOS C. BALBIN

REMEDIOS C. BALBIN
SUBSCRIBED AND SWORN to before me this 26th day of
March, 1997, Metro Manila.

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278 SUPREME COURT REPORTS ANNOTATED

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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 Affidavit 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.

“A F F I D A V I T

“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 filed by

the minor Juvie-Lyn Punongbayan against Mayor Bayani
Arthur Alonte of Biñan, Laguna.
“2. That earlier, I reported to Secretary Teofisto Guingona,
State Prosecutor Jovencito R. Zuño, Asst. Chief State
Prosecutor Leonardo Guiab, Jr., and Director Jude
Romano of the Witness Protection Program, the instances

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of offers of substantial amounts amounting to several

millions, to my client, to her relatives, including her
maternal grandmother, and to myself;

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Alonte vs. Savellano, Jr.

“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
office at the People’s Bureau, Office of the Mayor, of
Squatting case which I filed against his clients;
“b. That after a brief exchange on the status of the case, he
confided to me his real purpose;
“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 fifteen thousand pesos (P15,000.00),
exclusive of transportation expenses, etc.;
“d. That 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 five (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.’

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“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?’

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Alonte vs. Savellano, Jr.

“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 Office, 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

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ISSUED AT MLA. ON 1-2-97

TAN -161-570-81

Doc. No. 948;

Book No. 190;
Page No. XLIII;
Series of 1997.”

281

VOL. 287, MARCH 9, 1998 281

Alonte vs. Savellano, Jr.

After the alleged bribe money was increased from P10M to

P20M the complexion of the case changed swiftly.
On June 25, 1997, Atty. Balbin filed a Motion to Resume
Proceedings in Br. 25 of the RTC of Biñan, Laguna.
Attached to the Motion was the Affidavit 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 filed against

Mayor Bayani “Arthur” Alonte of Biñan, Laguna, with the
RTCBranch 25 of Biñan, Laguna;
“2. That the case has been pending for some time, on
preliminary issues, specifically, (a) change of venue, filed
with the Supreme Court; (b) propriety of the appeal to the
Court of Appeals, and after its denial by said court,
brought to the Office of the President, on the veracity of
the findings of the Five-Man Investigating Panel of the
State Prosecutor’s Office, and the Secretary of Justice, and
(c) a holddeparture 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 finally resolved, I anticipate
a still indefinite suspension of my schooling to attend the
hearings;
“4. That during the entire period since I filed 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,
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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 Office of the State
Prosecutor found a prima facie case although the
information has not been filed, and that I will not at any
time revive this, and related cases or file new cases,
whether, criminal, civil and/or administrative, here or
anywhere in the Philippines;

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282 SUPREME COURT REPORTS ANNOTATED

Alonte vs. Savellano, Jr.

“7. That I likewise realize that the execution of this Affidavit

will put to doubt my credibility as a witness-complainant;
“8. That this is my final 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 official or officer,
my relatives and friends who extended assistance to me in
whatever way, in my search for justice.

“WHEREOF, I affix my signature, this 25th day of June, 1997, in

Quezon City.
SGD. JUVIE-LYN Y. PUNONGBAYAN
JUVIE-LYN Y. PUNONGBAYAN

Assisted by:

SGD. 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.

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“SGD. ILLEGIBLE
Administering Officer
RTC Branch 94
Quezon City”

Obviously, the Motion to Resume Proceedings was intended

to get trial court’s approval for the dismissal of the rape
case against the petitioners.
283

VOL. 287, MARCH 9, 1998 283

Alonte vs. Savellano, Jr.

Indeed, three days thereafter or on June 28, 1997, Atty.

Ramon C. Casano moved in behalf of the petitioners to
dismiss the petition for change of venue then pending in this
Court citing the affidavit of desistance of the private
complainant. On August 22, 1997, however, Asst. Chief
State Prosecutor Guiab 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 affidavit of desistance
of the private complainant did not find the favor of this
Court. On September 2, 1997, this Court unanimously
granted the petition for change of venue, ruling among
others, viz.:

xxx
“These affidavits give specific 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 influence 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 raffle Crim. Case No. 9619-B to
any of its branches. The judge to whom Crim. Case No. 9619-B
shall be raffled shall resolve the petitioner’s Motion to Resume
Proceedings filed in Br. XXV of the RTC of Biñan, Laguna and

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determine the voluntariness and validity of petitioner’s desistance

in light of the opposition of the public prosecutor, Asst. Chief State
Prosecutor Leonardo Guiab. 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

(redocketed by the Clerk of Court of Manila as Crim. Case
No.
284

284 SUPREME COURT REPORTS ANNOTATED

Alonte vs. Savellano, Jr.

97-159935) was raffled 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 affidavit 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 1
(case)
dismissal if the evidence on record so warrant. . .”
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 2
attempts to buy complainant’s desistance was absent.
Petitioners pled3 not guilty to the charge of rape upon
their arraignment. 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 testified on her
affidavit of desistance. She declared that her desistance
was her “personal” decision with the consent of her

4
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4
parents. She said she was neither paid nor pressured to
desist. On questions by the respondent judge,

_______________

1 TSN, November 7, 1997, p. 3.

2 TSN, op. cit., p. 1.
3 Ibid., p. 5.
4 Ibid., p. 40.

285

VOL. 287, MARCH 9, 1998 285

Alonte vs. Savellano, Jr.

however, she affirmed the truth of her affidavit dated

October 31, 1996 that she was raped by petitioner Alonte.
Prosecutor Campomanes marked 5
and offered her affidavit
of desistance as Exhibit “A”. She called on other witnesses
to testify on the voluntariness of the affidavit6 of desistance.7
The parents of the complainant—Pablo and Julie
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 affidavit 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 8
and that the complainant voluntarily signed the same.
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 9and that we are praying for the
dismissal of the case.” The respondent
10
judge ruled “the
case is submitted for decision.” Atty. Flaminiano orally
prayed that petitioner Alonte be granted 11
bail and
Prosecutor Campomanes offered no objection.
On November 10, 1997, 12petitioner Alonte filed an Urgent
Motion to Admit to Bail. In her Comment, 13
Prosecutor
Campomanes agreed and averred, viz.:

_______________

5 Ibid., p. 29.
6 Ibid., pp. 46-55.
7 Ibid., pp. 56-63.
8 Ibid., pp. 64-70.
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9 Ibid., p. 70.
10 Ibid.
11 Ibid.
12 Annex “G,” Petition of Alonte.
13 Annex “H,” Petition of Alonte.

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286 SUPREME COURT REPORTS ANNOTATED

Alonte vs. Savellano, Jr.

x x x      x x x      x x x

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 signified 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 14counsel,

filed an Urgent Plea to Resolve the Motion for Bail. On the
same date, Prosecutor Campomanes manifested that “she
deems it proper and in accord15
with justice and fair play to
join the aforestated motion.”
On November 25, 1997, December 1, 1997, December 8,
1997 and December 10, 1997, petitioner Alonte filed a
Second, Third, Fourth, and Fifth Motion for early resolution
16
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16
of his petition for bail. In all these motions, Atty. Fortun,
counsel of petitioner Alonte, alleged that copy of the motion
“x x x could not be served in person upon the private
prosecutor”

_______________

14 Annex “I,” Petition of Alonte.

15 Annex “J,” Petition of Alonte.
16 Annexes “K,” “K-1,” “L,” and “M,” Petition of Alonte.

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Alonte vs. Savellano, Jr.

(Atty. 17Balbin) in light of the distance between their

offices. 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
affidavit of desistance can be a ground for dismissal of the
rape case against the petitioners, the respondent judge held:

“The first 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 7page 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 influence and undue pressure. To
prevent possible miscarriage of justice is a good excuse to grant
the petition for change of venue x x x.’ (Rollo, p. 202).
The Court shall narrate the facts leading to the desistance of
the private complainant which are embodied in the two (2)
affidavits of her lawyer, Atty. Remedios C. Balbin, with whom the
private complainant lives at No. 5 Uranus St., Congressional
Avenue Subdivision, Quezon City. One affidavit is dated May 24,
1997, (sic) while the other one is dated March 26, 1997. The said
affidavits are attached as exhibits to the aforementioned
Manifestation and Motion for the Resolution of Petition for
Change of Venue filed by the private complainant Juvie-Lyn Y.
Punongbayan. Exh. “C,” dated May 24, 1997, (Rollo, pp. 216-219)
is hereby quoted as follows:

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xxx
xxx
xxx
It clearly appears in the abovequoted affidavit that repeated
bribe offers from a lawyer representing the accused Mayor Bayani

_______________

17 The Office of Atty. Fortun is in Makati while the office of Atty. Balbin is only
in Quezon City.

288

288 SUPREME COURT REPORTS ANNOTATED

Alonte vs. Savellano, Jr.

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 affidavit, 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 first
affidavit, by doubling the first 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 above-quoted affidavit 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 next judge when
the petition for change of venue is finally 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 flow. 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

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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 profit 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. x x x 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 flight of an
accused is evidence of guilt on his part, quoted the old Testament,
as follows:

289

VOL. 287, MARCH 9, 1998 289

Alonte vs. Savellano, Jr.

“It was written in the literature of Old Testament several centuries ago
that:
‘The wicked man fleeth 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 first affidavit (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, filed 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 Affidavit of Desistance attached
thereto. (Rollo, pp. 240-241) which affidavit of desistance is
quoted hereunder as follows:
xxx
xxx
xxx
This Court, as the trier of facts, is tasked by the highest
tribunal to find out if the private complainant, a minor ‘may have
succumbed to some illicit influence and undue pressure, in order

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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 ‘Affidavit
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

290

290 SUPREME COURT REPORTS ANNOTATED

Alonte vs. Savellano, Jr.

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 affidavit of desistance. The private complainant was
definitely lying and/or somebody taught her to lie when she
testified 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 ‘Affidavit 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 filed 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:

x x x      x x x      x x x
“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:
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‘. . .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 affidavits 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

291

VOL. 287, MARCH 9, 1998 291

Alonte vs. Savellano, Jr.

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 filed 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 officio. 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 filing 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.
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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
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292 SUPREME COURT REPORTS ANNOTATED

Alonte vs. Savellano, Jr.

should be dismissed in view of the desistance of the private

complainant. But our ruling giving no effect on the
affidavit of desistance should not be 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 affidavits 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 affidavits. Her affidavits therefore are hearsay
evidence and should not have been relied upon by the
respondent judge. The affidavit of desistance cannot abort
the rape charge against the petitioners on the simple ground
that it did not state that the private complainant-affiant
was not raped by petitioner Alonte. In truth, the private
complainant affirmed her earlier Reply-Affidavit where she
narrated in detail how petitioner Alonte raped her.
Moreover, the rape charge has been filed in Court and it is
not anymore the absolute privilege of the complainant to
desist from continuing with the case.
This separate opinion unequivocally addresses the issue
of whether the desistance of the victim can stop the further
prosecution of the petitioners.

In Philippine jurisprudence, desistance has been equated

with recantation or retraction.
To “recant” 18means to “withdraw or repudiate formally
and publicly”
19
; “to renounce or withdraw a prior
statement.” To “retract” means to “take back”; “to retract
20
an offer is to withdraw it before acceptance.” A
recantation usually applies to a

_______________

18 “Recant,” Black’s Law Dictionary, 6th ed. [1990].

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19 “Recant,” Words and Phrases, Vol. 36 citing LlanesSenarillos 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]).

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Alonte vs. Savellano, Jr.

repudiation by a complainant or a witness, either for the

prosecution or the defense,21
who has previously given an 22
extrajudicial statement or testimony in court.
Repudiation23
may be made in writing, i.e., 24by sworn
statement, or by testifying on the witness stand.
Mere retraction by a witness or by complainant of his or
her testimony does not necessarily25 vitiate the original
testimony or statement, if credible. The general rule is
that courts look with disfavor upon 26
retractions of
testimonies
27
previously
28
given in court. This rule applies to
29
crimes, offenses as well as to administrative offenses.
The reason is because

_______________

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 falsification 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]—
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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].

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294 SUPREME COURT REPORTS ANNOTATED

Alonte vs. Savellano, Jr.

affidavits of retraction can easily be secured from poor and

ignorant witnesses, usually
30
through intimidation or for
monetary consideration. Moreover, there is 31always the
probability that they will later be repudiated32
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
33
of the truth at
the mercy of unscrupulous witnesses.
The general rule notwithstanding, the affidavit should
not be peremptorily dismissed as a useless scrap of paper.
There are instances when a recantation may34 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
35
of the witness which is left for the judge to
decide. In short, only where there exists

_______________

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].
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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

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VOL. 287, MARCH 9, 1998 295

Alonte vs. Savellano, Jr.

special circumstances in the case which when coupled with

the retraction raise doubts as the truth of the testimony or
statement
36
given, can a retraction be considered and
upheld.
A survey of our jurisprudence reveals that37
the same rule
has been applied to affidavits of desistance. An affidavit 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 filed upon his or her
complaint for whatever reason he or she may cite. The
court attaches no persuasive value to 38a desistance
especially when executed as an afterthought. However, as
in retractions, an affidavit of desistance39
calls for a
reexamination of the records of the case.
In private crimes, an affidavit of desistance filed by a
private complainant is also frowned upon by the courts.
Although such affidavit 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 affidavit
of desistance of the complainant, particularly where there
exist special circumstances 40
that raise doubts as to the
reliability of the affidavit.
Usually in private crimes, an affidavit of desistance is
executed by the private complainant after pardoning and
forgiving the offender. In this instance, the court treats the
affidavit

_______________

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].

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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].

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296 SUPREME COURT REPORTS ANNOTATED

Alonte vs. Savellano, Jr.

41
as an express pardon. 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 filed 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
filed 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

filed 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 filed by the offended party or her
parents, grandparents or guardian. The complainant must
not have expressly pardoned the offender.

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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.

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Alonte vs. Savellano, Jr.

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 42
in the total extinction of criminal liability of the offender.
The pardon in private crimes must 43be 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 filed 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 44
marriage between the
offender and the offended party.
As this Court
45
declared in the case of Donio-Teves v.
Vamenta, Jr.:

“The term “private crimes” in reference to felonies which cannot

be prosecuted except upon complaint filed 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 filed 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 filed, 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 filing a complaint, any
pardon given by the complainant to the offender would be
unavailing. It is true, the institution of the

_______________

42 See Article 89, Revised Penal Code.

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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].

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298 SUPREME COURT REPORTS ANNOTATED

Alonte vs. Savellano, Jr.

action in so-called private crimes 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 filing of a complaint in private crimes is merely a

condition precedent to the exercise by the proper 46
authorities of the power to prosecute the guilty parties. It
is the complaint that starts the prosecutory proceeding
without which the fiscal47 and the court cannot exercise
jurisdiction over the case. Once the complaint is filed, the
action proceeds just as in any other crime.
We follow the postulate that 48
a criminal offense is an
outrage to the sovereign state and the right of prosecution 49
for a crime is one of the attributes of the sovereign power.
Thus, criminal actions are usually commenced by the State,
through the People of the Philippines,50 and the offended
party is merely a complaining witness. In private crimes,
however, or those which cannot be prosecuted de oficio, the
offended party assumes a more predominant role since the
right to commence the action or refrain therefrom, 51
is a
matter exclusively within his power and option. 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 the52
vices, faults and disgraceful acts
occurring in the family. But once the offended party files
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

_______________

46 Valdepeñas 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].

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51 Id.
52 United States v. Bautista, 40 Phil. 735, 743 [1920].

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trial necessarily
53
connotes the willingness to face the
scandal. 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 fiscal, takes over
the prosecution of the case and the victim’s change of heart
and mind will not affect the State’s right54
to vindicate the
outrage against the violation of its law.
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 given55
by the complainant to the offender would be
unavailing, except of course 56
when the offender validly
marries the offended party. The offended party’s pardon of
the offender in a seduction case after the criminal action 57
had been instituted constitutes no bar to said action. A
pardon given in a rape case after the filing of the action in
court “comes too58
late to hide the shameful occurrence from
public notice.”
Even the death of the offended 59
party cannot extinguish
the case once it is filed in court. If the offended party dies
immediately after filing the complaint but before the
institution of the criminal
60
action, his death is not a ground
to dismiss the case. Clearly, the will and participation of
the offended party

_______________

53 Valdepeñas 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.
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60 People v. Ilarde, 125 SCRA 11, 17-18 [1983].

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300 SUPREME COURT REPORTS ANNOTATED

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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 61
a ground 62for 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.
In the case at bar, the “Affidavit 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

_______________

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;

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2. By commutation of sentence; and

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Alonte vs. Savellano, Jr.

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 63charge should be continued. As
we held in Crespo v. Mogul:

xxx
“The rule in this jurisdiction is that once a complaint or
information is filed 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 fiscal 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 filed by the fiscal 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 filed 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 Affidavit 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.:

_______________

3. For good conduct allowances which the culprit may earn while he is
serving his sentence.”

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63 151 SCRA 462, 471 [1987].

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“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
Affidavit of Desistance, so I would like to present her
in order to attest to the veracity of her Affidavit of
Desistance, your Honor, and for the Court to 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.
Prosecutor Campomanes
  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 Affidavit of
Desistance mentioned by the Court which was also
brought to the attention of the Supreme Court.
Prosecutor Campomanes
  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

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voluntariness and the validity of the Desistance, but

they must bedetermined after trial on the merits.

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Alonte vs. Savellano, Jr.

Prosecutor Campomanes
      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?
Prosecutor Campomanes
  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 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.
Prosecutor Campomanes
  We are all aware your Honor, that we will just be prol
onging 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
first place, that Affidavit does not negate the
commission of the crime. You want us to dismiss this
case when the Affidavit does not negate the commission
of the crime?

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Prosecutor Campomanes
  That’s why we will be presenting her in Open Court,
your Honor.
Court
  Just to affirm that?

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Alonte vs. Savellano, Jr.

Prosecutor Campomanes
      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?
Prosecutor Campomanes
  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.
Prosecutor Campomanes
  The people is ready to present that . . . the
complaining witness.
Court
  We will have a trial on the merits.
Prosecutor Campomanes
  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
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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 COMP LAINANT 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

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Alonte vs. Savellano, Jr.

      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 CRIMI-
NAL ACTIVITIES OF BOTH ACCUSED PERPE-
TRATED 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 wit-ness is no longer present,
on January 7, 1997, Alonte filed an Opposition thereto,
and on April 23, 1997, the petitioner, the offended
party through the Honorable Sec-retary of Justice
Teofisto Guingona and Chief State Prosecutor
Jovencito Zuño filed a Manifestation and Mo-tion for
Resolution of the Petition For Change of Venue.
Attached to the motion of the Honorable Secretary of
Jus-tice Guingona and Chief State Prosecutor
Jovencito Zuñowere the affidavits of the petitioner, her
lawyer, Atty. Remedios Balbin, Dolores Yambao,
Bienvenido Salan-danan 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 in-terest . . . on June 23, 1997, Atty. Casano in
behalf of the oppositors, two (2) oppositors, filed a
motion to dismiss the petition for change of venue in

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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 affidavit she prayed that the trial Court, on her
affidavit 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 Assis

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306 SUPREME COURT REPORTS ANNOTATED

Alonte vs. Savellano, Jr.

      tant Chief State Prosecutor Leonardo Guiab to

comment on the motion to dismiss filed by Atty.
Casano which in-volve the same affidavit that you
have just read. On Au-gust 22, 1997, assistant Chief
State Prosecutor Guiab filed 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
re-cord, 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 affidavits 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 affidavit of desistance from the
private complainant, this is now the affidavit of
desistance in her affidavit 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 al-leged that
during the last week of February, 1997, she was

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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
in-formed 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, pri-vate counsel of petitioner also
executed an affidavit dated February 1997, quote: the
Supreme Court quote to them: to put on record the
attempting, influence, directly, in ex-change of
valuable consideration, that the Rape charge against
Mayor Bayani Arthur Alonte, she alleged that in two
(2) occasions Atty. Romero conveyed to me the mes-
sage 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:

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VOL. 287, MARCH 9, 1998 307

Alonte vs. Savellano, Jr.

      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,
P2,000,000.00 for her, the mediator, so there seems to
be a liberal flow 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 tri-bunal jurat,
to whom I am responsible, another affidavit 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, Office 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 confided
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 trans-portation expenses, but he also
stated that he knows all the network of the gambling
lord throughout the country, which is quite strong and
unified, 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,

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but instead said, they are prepared to dou-ble the offer

made to by Atty. Romero which was pub-lished 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 po-
sition against my client executing a desistance and
that Alonte’s voluntary surrender, plea of guilty to
rape, con-viction, 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 five (5) other mi-nors similarly place and
Alonte’s will be stopped from doing more harm that
Atty. Daga, then told me in Fili-pino if you do not
accede to a desistance, then they will be forced to but
because he did not [complete] the sen-tence 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,
that I am believing, and I reacted saying,

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308 SUPREME COURT REPORTS ANNOTATED

Alonte vs. Savellano, Jr.

      but they have already done so, Judge Francisco at

Biñan suddenly change his attitude towards the
prosecution, perhaps you are referring to the next
judge when the petition for change of venue is finally
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 exec ute this affidavit,
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 affidavits, the
one attached have specific 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, influence 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 raffled, shall result the petitioner’s motion, to
resume proceedings, filed in Branch 26, in the RTC of
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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
affidavit 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 x x x.
Prosecutor Campomanes
  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 6
...
  xxx

309

VOL. 287, MARCH 9, 1998 309

Alonte vs. Savellano, Jr.

Prosecutor Campomanes
      That’s why we are presenting the private complainant,
the principal witness, the mother who is also a
signatory to this affidavit of desistance, everybody who
have been a part and participant in the making and
preparation of this affidavit of desistance, they have
already signed these affidavit of desistance.
Court
  And we also have the affidavits mentioned by the
Supreme Court, because I was . . . all of those
documents in the determination of whether that
affidavit is valid.
Prosecutor Campomanes
  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.
Prosecutor Campomanes
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  We understand that your Honor.

Court
  There are may conflicting matters to be solve . . .
conflicting matters to be tackled in this case.
Prosecutor Campomanes
  May 64
we present the private complainant, your Honor .
. .”

The records show that the hearing of November 65

7, 1997
was set for arraignment of the petitioners. After the
counsels made their respective appearances, Prosecutor
Campomanes presented her authority to appear as
prosecutor in lieu of Asst. Chief State Prosecutor Guiab, Jr.
Both petitioners pleaded not guilty to the charge.
Respondent judge then set the case for pretrial which the
parties, however, waived. The

_______________

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.

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310 SUPREME COURT REPORTS ANNOTATED

Alonte vs. Savellano, Jr.

proceedings continued and Prosecutor Campomanes

manifested there was no need for the prosecution to go to
trial in view of the Affidavit of Desistance of the private
complainant. Respondent judge, however, observed that
private complainant did not negate the commission of the
crime in her Affidavit of Desistance. Respondent judge
expressed his misgivings on the validity of the Affidavit of
Desistance because of the September 2, 1997 Resolution of
this Court citing affidavits where allegations of bribery
were made to extract said affidavit from complainant.
Prosecutor Campomanes then offered to present the
private complainant to attest to the voluntariness and
veracity of her Affidavit 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
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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 Affidavit 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.

311

VOL. 287, MARCH 9, 1998 311

Alonte vs. Savellano, Jr.

(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

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evidence rebutting the testimony of private complainant.

There was no admission by petitioners of the charge in 66
the
information as to justify a change in the order of trial.
Our criminal rules of procedure strictly provide the step
by step procedure to 67
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
68
in taking life and liberty except
that of the guilty. Thus:

“Judges should be reminded that each step in the trial process

serves a specific purpose. In the trial of criminal cases, the
constitutional presumption of innocence in favor of the accused
requires that an accused be given sufficient 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 69of all the parties to the
case, whether the prosecution or defense.”

_______________

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].

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312 SUPREME COURT REPORTS ANNOTATED

Alonte vs. Savellano, Jr.

Second, the admission of private complainant’s affidavit of

October 21, 1996 was made solely 70
in response to
respondent judge’s own questioning. It was this affidavit
which respondent judge used to convict the petitioners.
This affidavit, 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
71
no evidence which has not been formally
offered.” 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 72consideration of the court must formally
73
be
offered by him, otherwise it is excluded and rejected.
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
74
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74
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.
Indeed, following respondent judge’s finding 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 crossexamine private complainant
with respect to her affidavit of

_______________

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].

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Alonte vs. Savellano, Jr.

October 21, 1996. No opportunity to cross-examine was

afforded petitioners and their counsels such that they 75
cannot be deemed to have waived said right by inaction.
Submission of affidavit of desistance does not warrant
the dismissal of the criminal case; For failure of due
process, assailed judgment declared null and void.

Note.—Precipitate dismissal of criminal cases is

tantamount to denying the State due process. (People vs.
Leviste, 255 SCRA 238 [1996])

——o0o——

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75 De la Paz v. Intermediate Appellate Court, 154 SCRA 5, 7173 [1987];

People v. Caparas, 102 SCRA 781, 790 [1981]; Savory Luncheonette v.
Lakas mg Manggagawang Pilipino, 62 SCRA 258, 263-267 [1975]; also
cited in Herrera, Remedial Law, vol. 4, pp. 343344 [1992].

314

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