Document Text Contents
Page 22
Review on the 2000 Revised Rules on Criminal
Procedure 2002 Edition <draft copy; pls. check for errors>
Rule 112
Preliminary
Investigation
f. When double jeopardy is clearly apparent;
g. Where the court has no jurisdiction over the offense;
h. Where it is a case of persecution rather than prosecution;
i. Where the charges are manifestly false and motivated by the lust for
vengeance; and
j. When there is clearly no prima facie case against the accused and a
motion to quash on that ground has been denied.
There are some interesting cases where the SC intervened. Normally, hindi nakikialam
ang SC eh – i-acquit mo na lang yan sa trial. But there are cases when the SC is convinced
that there is no probable cause, bakit mo pa pahirapan yung tao? You can order the case
to be dismissed. These are rare instances where the SC becomes activist.
In the case of ALEADO VS. DIOKNO (232 SCRA 192) two (2) lawyers: Atty. Diosdado Jose
Aleado and Atty. Roberto Mendoza who were associates in the office of senator Jovito
Salonga were implicated in the murder of a German national. There was an investigation
and a case was filed against them. Salonga entered into picture and questioned whether
or not there is probable cause. [Normally, hindi dapat yan eh. Yang probable cause, sa
fiscal lang yan, hindi dapat sa SC.]
But surprisingly, the SC reviewed and said that there was no probable cause which
justified the issuance of order of arrest of the 2 lawyers. The SC ordered that the warrant
of arrest be set aside and the trial court is permanently enjoined from further proceeding
against them. In effect, the respondent judge was ordered to dismiss the information
before him. (Aleado vs. Diokno, supra)
It was a very rare situation. That does not happen every year. It does not happen even
in 10 or 20 years! Yan ang mga kuyaw where the Court has the power to issue injunction
order to stop a case when there is no probable cause. Salonga yata yan!
SPACE-FILLER #2:
A recently graduated lawyer wanted to make everyone believe that he was in great
demand, so he ordered his secretary to keep clients waiting for a long time.
A man arrived and asked to see the lawyer, so the secretary did as she was told. After a
while, she showed the man into her boss’s office, while the lawyer pretended to be on the
phone handling a delicate situation with an important client. The lawyer ended the make-
believe phone call and hung up. He asked the man: “How can I help you?”
The man answered: “I’m here to install the phone line.”
Source: Reader’s Digest, March 2001
Lakas Atenista
Ateneo de Davao University College of Law
78
Review on the 2000 Revised Rules on Criminal
Procedure 2002 Edition <draft copy; pls. check for errors>
Rule 112
Preliminary
Investigation
f. When double jeopardy is clearly apparent;
g. Where the court has no jurisdiction over the offense;
h. Where it is a case of persecution rather than prosecution;
i. Where the charges are manifestly false and motivated by the lust for
vengeance; and
j. When there is clearly no prima facie case against the accused and a
motion to quash on that ground has been denied.
There are some interesting cases where the SC intervened. Normally, hindi nakikialam
ang SC eh – i-acquit mo na lang yan sa trial. But there are cases when the SC is convinced
that there is no probable cause, bakit mo pa pahirapan yung tao? You can order the case
to be dismissed. These are rare instances where the SC becomes activist.
In the case of ALEADO VS. DIOKNO (232 SCRA 192) two (2) lawyers: Atty. Diosdado Jose
Aleado and Atty. Roberto Mendoza who were associates in the office of senator Jovito
Salonga were implicated in the murder of a German national. There was an investigation
and a case was filed against them. Salonga entered into picture and questioned whether
or not there is probable cause. [Normally, hindi dapat yan eh. Yang probable cause, sa
fiscal lang yan, hindi dapat sa SC.]
But surprisingly, the SC reviewed and said that there was no probable cause which
justified the issuance of order of arrest of the 2 lawyers. The SC ordered that the warrant
of arrest be set aside and the trial court is permanently enjoined from further proceeding
against them. In effect, the respondent judge was ordered to dismiss the information
before him. (Aleado vs. Diokno, supra)
It was a very rare situation. That does not happen every year. It does not happen even
in 10 or 20 years! Yan ang mga kuyaw where the Court has the power to issue injunction
order to stop a case when there is no probable cause. Salonga yata yan!
SPACE-FILLER #2:
A recently graduated lawyer wanted to make everyone believe that he was in great
demand, so he ordered his secretary to keep clients waiting for a long time.
A man arrived and asked to see the lawyer, so the secretary did as she was told. After a
while, she showed the man into her boss’s office, while the lawyer pretended to be on the
phone handling a delicate situation with an important client. The lawyer ended the make-
believe phone call and hung up. He asked the man: “How can I help you?”
The man answered: “I’m here to install the phone line.”
Source: Reader’s Digest, March 2001
Lakas Atenista
Ateneo de Davao University College of Law
78
