EN BANC
G.R. Nos. L-32282-83 November 26, 1970
PEOPLE OF THE PHILIPPINES, petitioner,
vs.
HON. MARIO J. GUTIERREZ, Judge of the Court of First Instance of Ilocos Sur, CAMILO PILOTIN, FRANCISCO PIANO, DELFIN PIANO PEDRO PATAO, VINCENT CRISOLOGO, CAMILO PIANO, CAMILO PATAO, PEDRING PIANO, ISIDRO PUGAL, ANTONIO TABULDO, LORENZO PERALTA, VENANCIO PACLEB ANTONIO PIANO, FERMIN PUGAL, CARLITO PUGAL, FLOR PIANO, ERNING ABANO and EIGHTY-TWO (82) JOHN DOES, respondents.
Office of the Solicitor General Felix Q. Antonio, Assistant Solicitor General Conrado T. Limcaoco, Solicitor Eduardo C. Abaya and Special Attorney Juan A. Sison for petitioners.
Adaza, Adaza and Adaza for respondent Erning Abano.
Crisologo Law Office and Pedro Quadra for respondent Camilo Pilotin.
Juan T. David for respondent Vincent Crisologo.
Augusto Kalaw as private prosecutor.
Separate Opinions
BARREDO, J., concurring:
The accuracy of the technical bases as well as the unerring logic of the resolution of the various facets of this case evidence in the main opinion written by our erudite colleague Mr. Justice J.B.L. Reyes could not but impel the unanimous assent given thereto by the members of this Court. Indeed, I could give the best evidence of my full concurrence therein by merely signing the same without this separate opinion. I feel, however, that the impact of this decision is of such transcendental importance to the administration of justice in this country, particularly now when some sectors of our people make no secret of lingering doubts as to the fairness and impartiality by judicial actuations and decisions, that my duty as a member of this highest tribunal of the land calls for more than just the giving of my vote in favor thereof. I consider it incumbent upon me, since none of my brethren seems to be minded to do it, to project more emphatically certain relevant matters, the significance of which should go hand in hand with the resolution of the case itself.
I can neither control nor conceal the feeling of full satisfaction that overwhelms me now, because I consider this decision as probably the first one of national importance, in a long time, that will receive universal and unqualified approval throughout the length and breath of this Republic. I am sure it will yield for our constitutional government as a whole and for the judiciary in particular a rich harvest of regained trust and confidence in the administration of justice. This decision is a great leap forward. We are shaking away from a long standing jurisprudential rule; We are casting aside technical procedural roadblocks; We are here and now proclaiming to all and sundry the plenitude, under the Constitution, of Our power and authority to "insure to (our people) and their posterity, the blessings of independence under a regime of justice" (Preamble of the Constitution) by holding that the "judicial power ... vested in ... (the) Supreme Court" necessarily carries with it the power to lay down procedures that will effectively and fully guarantee, as far as it is humanly possible to do so, that substantial justice shall not be defeated thru technicalities of procedure; and what is most important today, as I view it, is that this is one decision the essence of which spells simple justice that will be plainly understood by the common man. In the clearest terms, this Court holds in effect in this decision that inspite of the traditional rule that a person charged with an offense may not be tried in a province outside of the one ill which the alleged offense or any essential ingredient thereof has been committed, it is the duty of the corresponding trial court, with the approval of the Supreme Court, to see to it that when the demands of justice require it, the venue is moved to another province wherein the circumstantial environment will insure a full disclosure of all material facts essential in the pursuit of truth and justice. Surely, the common man would not understand why the Supreme Court in whom the totality of judicial power is vested by the Constitution would not have the authority and the right, nay the duty, to prevent a trial from being held in a place where it would be nothing more than a farce and an empty show, the final chapter of which may have already been prewritten, even independently of the honesty and integrity of the presiding judge, because of external factors and forces that impede the witnesses from making a free and fearless exposition of what they know. I am exceedingly happy that by this decision, the common man will understand that neither the Constitution nor this Court will ever be found wanting in what is needed top render justice in its truest sense.
Now, for some views of my own on the specific legal issues raised by the parties in their pleadings. The problem revolves around the power of the Secretary of the Department of Justice vis-a-vis the operation of the Circuit Criminal Courts created by Republic Act 5179. The People contends that by Administrative Order 258 and 271, Series of 1968 and Administrative Order No. 226, Series of 1970, of the Secretary of Justice, issued pursuant allegedly to Republic Act 5179, (presumably Section 8 thereof) the transfer of the criminal cases herein involved, Criminal Cases Nos. 47-V and 48-V of the Court of First Instance of Ilocos Sur to the Circuit Criminal Court of the Second Judicial District is legally justifiable. On the other hand, the defense submits that under the uniformly announced doctrine of this Court regarding the jurisdictional nature of the venue of criminal cases and principally because to give effect to the administrative orders aforementioned would be impairing the independence of the judiciary, the accused in aforesaid cases must be tried in Vigan, Ilocos Sur, by the Court of First Instance in which, it is a fact, the case was filed on June 15, 1970, the very day Administrative Order No. 221 of the Secretary of Justice authorizing Judge Lino Anover of the Circuit Criminal Court to hold sessions in Vigan beginning July 1, 1970 was issued.
It is my considered view that the less said about the intervention of the Department of Justice with the Circuit Criminal Courts by the issuance of Administrative Orders 258 and 274, Series of 1968 and worse Administrative Order No. 226, Series of 1970 the better, for I find absolutely no legal authority for the issuance of said Orders. The first two purportedly direct and instruct the judges of the various judicial districts of the Philippines as to how to apportion among themselves, together with the corresponding circuit criminal court judges, the cases falling within their concurrent jurisdiction. I feel very strongly that the distribution of the powers of government by the Constitution places, even in its broadest sense, everything that judges have to do that might in one way or another affect or be related to the ultimate disposition of the controversies and cases to be tried by them, including the distribution of the cases to be tried by them, entirely and exclusively with the judges themselves by common agreement among them, and so I hold that whatever be the import of Section 8 of Republic Act 5179 providing that "for administrative purposes, the Circuit Criminal Courts shall be under the supervision of the Department of Justice," the same cannot be considered as contemplating any intervention of the Secretary of Justice in the distribution of cases among judges. That the common impression and long standing practice on the matter are otherwise, cannot alter what, in my humble view, the Constitution ordains.
I take it that under Republic Act 5179, Circuit Criminal Courts are nothing but additional branches of the regular Courts of First Instance in their respective districts with the limited concurrent jurisdiction to take cognizance of, try and decide only those cases enumerated in Section 1 of the Act. This is readily implied from Section 3 of the Act which says:
SEC. 3. The provisions of all laws and the Rules of Court relative to the judges of the Courts of First Instance and the trial, disposition and appeal of criminal cases therein shall be applicable to the circuit judge and the cases cognizable by them insofar as they are not inconsistent with the provisions of this Act.
It is also my conviction that when Congress enacted Republic Act 5179, it was conscious of the existing doctrinal rule laid down by this Court, in Cunanan1 that in criminal cases, venue is equivalent to territorial jurisdiction and precisely because of this consciousness and the knowledge that the nature of the crimes placed within the jurisdiction of the Circuit Criminal Courts is such that their successful prosecution might be impaired or obstructed by the doctrinal rule aforementioned that in Section 4 of the Act, Congress expressly provided that as a rule, "cases shall be heard within the province where the crime subject of the offense (sic) was committed" but "when the interest of justice so demands, with the prior approval of the Supreme Court, cases may be heard in a neighboring province of the district."
It is contended that these quoted provisions of Section 4 contemplate only those cases already in the Circuit Criminal Court. That may be so, but my view is that by the said provisions, Congress has precisely opened the door for the regular courts trying cases of the nature enumerated in the Act to shift those cases to the circuit criminal court in instances like the present wherein it appears quite evident that to maintain Vigan as the venue of the trials in question will defeat the ends of justice, for, after all, the circuit court is just another branch of the Court of First Instance, and once it is in the former court, then Section 4 may be easily applied. Moving of cases from one branch of a Court of First Instance to another branch thereof is neither new nor unusual when the judges concerned are agreed that such a step would best promote the interests of justice. In the light of this practice, commendable in its motivation, why cannot the transfer be made from the Court of First Instance to circuit criminal court? Indeed, this should not be treated as merely a matter of discretion; judges should feel bound to act accordingly, as a matter of duty, hence a negative action in the appropriate cases is ground for certiorari or mandamus. In this connection, however, I must hasten to advert, that the interested parties should be duly heard on the matter and, in accordance with the spirit, if not the letter of the law, approval of the Supreme Court be secured.
Apropos of all this discussion, I would like to make it clear that the rule invoked by the defense to the effect that venue in criminal cases is jurisdictional in character has no foundation in any act of the legislature.ℒαwρhi৷ There can be no question that jurisdiction is conferred only by law and that it is only venue that may be fixed by the Rules of Court because jurisdiction is substantive and venue is merely procedural. The rule the defense invokes is found only in a decision of this Court rendered way back in 1913. In Cunanan, supra, this Court held: "The jurisdiction of the Courts of First Instance of the Philippine Islands, in criminal cases, is limited to certain well-defined territory. They cannot take jurisdiction of persons charged with an offense alleged to have been committed outside of that limited territory."
As can be noted, no provision of law is cited in support of the ruling. The reason is simple. There is no such law. In other words, whatever force such invoked ruling may have is no more than that of a construction given by this Court. I dare say that when a previous construction by this Court runs counter to fundamental principles now separating the rule making power of the courts from the legislative faculty to define and apportion jurisdiction, it is best to lean in favor of recognizing the constitutional boundaries of our prerogatives when they are plain and the contrary cannot be implied. And since it was this Court that made the construction, there is nothing to stop Us from modifying the same, and inasmuch as Section 14, par. (a) of Rule 110 is purely a rule of venue, not legislated upon by Congress as a jurisdictional matter, Our power to change the same is unquestionable. I, therefore, reiterate my concurrence in the resolution of this point in the main opinion.
Accordingly, I agree that the respondent judge gravely abused his discretion in not yielding to the suggested transfer of the cases in question to the circuit criminal court. Court trials and proceedings mean nothing unless the pronouncement and decisions of the courts merit the faith and trust of the parties in particular and the people in general. To the common man specially, the imperatives of justice administered by our courts are: (1) judge who can be trusted and (2) procedures that insulate the proceedings from all factors that may taint the ultimate outcome of litigations with doubt and skepticism. To my mind, it is not enough that a judge trusts himself or can be trusted as capable of acting in good faith, it is equally important that no circumstance attendant to the proceedings should mar that quality of trustworthiness. It is thus clear that by Our decision in this case, We are not expressing any distrust as to the impartiality of respondent judge; it should be clearly understood, however, that it is possible for his decision to be unfair not because he has made it so, but because under the circumstances, the adulterated evidence before him leaves him no other alternative.
May I say as I close that what is most striking in this decision is that it is a unanimous one, in spite of the fact that at first blush it appeared that there were formidable adverse precedents on our way. After long and careful deliberation and after viewing all its angles, factual and legal, when the time for voting came, there was no hesitation in the assent that all of us gave to the rationalizations and conclusions contained in the scholarly main opinion of Mr. Justice Reyes and the dispositive part of the decision, but by no means and in absolutely no degree did the public discussion generated by the peculiary circumstances and personages involved in this case ever influence any of Us, as such things, indeed, never will.
Footnotes
1 26 Phil. 376.
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