LADLAD vs. VELASCO
G.R. Nos. 172070-72 June 1, 2007
Facts:
Beltran Petition:
On February 24, 2006, PGMA signed Presidential Proclamation No. 1017 declaring a “State of National Emergency.” Following that, police officers arrested Crispin Beltran on while he was en route to Marilao, Bulacan, and detained him in Camp Crame.
Beltran was arrested without a warrant and the arresting officers did not inform Beltran of the crime for which he was arrested.
He was subjected to a first inquest involving the crime of inciting to sedition. This was based on a speech Beltran allegedly gave during a rally in Quezon City on 24 February 2006. Inquest prosecutor found probable cause.
BASIS: joint affidavit of Beltran’s arresting officers who claimed to have been present at the rally.
He was also subjected to a second inquest involving the crime of rebellion conducted by DOJ state prosecutors.
The inquest was based on two letters from CIDG executive officer and deputy director. The letters contained results of CIDG’s investigation implicating Beltran, et al as “leaders and promoters” of an alleged foiled plot to overthrow the Arroyo government. DOJ state prosecutors found probable cause.
Beltran opposes the second inquest finding probable cause that he committed rebellion and that such inquest was void.
Ladlad and Maza petitions:
Ladlad, Maza, et al were called for a preliminary investigation for the crime of rebellion.
Basis of the PI: results of the CIDG investigation, culled from the Beltran inquest.
During the PI, CIDG presented a masked man, later identified as Jaime Fuentes, who claimed to be an eyewitness against petitioners. Velasco, who was the prosecutor, gave copies of the affidavit of Fuentes to media members present during the proceedings.
Ladlad moved for the inhibition of Velasco citing lack of impartiality and independence, considering the political milieu under which petitioners were investigated, the statements that the President and the Secretary of Justice made to the media regarding petitioners’ case, and the manner in which the prosecution panel conducted the preliminary investigation.
Furthermore, they contend that the PI was tainted with irregularities as not pursuant to Rule 112 Sec3.
Issues:
1. WON the inquest for rebellion against Beltran was valid? NO.
2. WON there is probable cause to indict Beltran for rebellion? NO.
3. WON the PI conducted against Ladlad and Maza were tainted with irregularity? YES.
Held:
1)
The Inquest Proceeding against Beltran for Rebellion is Void. Inquest proceedings are proper only when the accused has been lawfully arrested without warrant.
The joint affidavit of Beltran’s arresting officers15 states that the officers arrested Beltran, without a warrant,16 for Inciting to Sedition, and not for Rebellion. Thus, the inquest prosecutor could only have conducted – as he did conduct – an inquest for Inciting to Sedition and no other. Consequently, when another group of prosecutors subjected Beltran to a second inquest proceeding for Rebellion, they overstepped their authority rendering the second inquest void. None of Beltran’s arresting officers saw Beltran commit, in their presence, the crime of Rebellion. Nor did they have personal knowledge of facts and circumstances that Beltran had just committed Rebellion, sufficient to form probable cause to believe that he had committed Rebellion. What these arresting officers alleged in their affidavit is that they saw and heard Beltran make an allegedly seditious speech on 24 February 2006.
2)
Rebellion under Article 134 of the Revised Penal Code is committed by rising publicly and taking arms against the Government for the purpose of removing from the allegiance to said Government or its laws, the territory of the Republic of the Philippines or any part thereof, or any body of land, naval, or other armed forces or depriving the Chief Executive or the Legislature, wholly or partially, of any of their powers or prerogatives.
Thus, by its nature, rebellion is a crime of the masses or multitudes involving crowd action done in furtherance of a political end. The evidence before the panel of prosecutors who conducted the inquest of Beltran for Rebellion consisted of the affidavits and other documents25 attached to the CIDG letters. We have gone over these documents and find merit in Beltran’s contention that the same are insufficient to show probable cause to indict him for Rebellion.
Assuming that Beltran is a member of the CPP, which Beltran does not acknowledge, mere membership in the CPP does not constitute rebellion.
3)
The prosecutors failed to comply with Section 3a of Rule 112 which provides that the complaint must be accompanied by the affidavits of the complainant and his witnesses, subscribed and sworn to before any prosecutor or government official authorized to administer oath, or, in their absence or unavailability, before a notary public. Here, the prosecutors treated the unsubscribed letters of Tanigue and Mendoza of the CIDG, PNP as complaints and accepted the affidavits attached to the letters even though some of them were notarized by a notary public without any showing that a prosecutor or qualified government official was unavailable as required by Section 3(a) of Rule 112.
Section 3(b) of Rule 112 also mandates that the prosecutor, after receiving the complaint, must determine if there are grounds to continue with the investigation. If there is none, he shall dismiss the case, otherwise he shall “issue a subpoena to the respondents.” Here, after receiving the CIDG letters, respondent prosecutors peremptorily issued subpoenas to petitioners requiring them to appear at the DOJ office on 13 March 2006 “to secure copies of the complaints and its attachments.”
During the investigation, prosecutors allowed the CIDG to present a masked Fuentes who subscribed to an affidavit before respondent prosecutor Velasco. Velasco proceeded to distribute copies of Fuentes’ affidavit not to petitioners or their counsels but to members of the media who covered the proceedings. Indeed, by peremptorily issuing the subpoenas to petitioners, tolerating the complainant’s antics during the investigation, and distributing copies of a witness’ affidavit to members of the media knowing that petitioners have not had the opportunity to examine the charges against them, respondent prosecutors not only trivialized the investigation but also lent credence to petitioners’ claim that the entire proceeding was a sham. Hence, the court concluded that there was indeed partiality on the part of the prosecutors who conducted the PI.
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