BAYANI M. ALONTE, petitioner, vs. HON. MAXIMO A. SAVELLANO JR., NATIONAL BUREAU OF INVESTIGATION and PEOPLE OF THE PHILIPPINES, respondents.
Due
Process in Criminal Proceedings – Waiver of Right to Due Process
Facts:
Bayani M. Alonte, incumbent Mayor of Biñan, Laguna, was accused of raping Juvie-Lyn Punongbayan with accomplice Buenaventura
Concepcion. It was alleged that Concepcion befriended Juvie and had later lured
her into Alonte’s house. The case was
brought before the Regional Trial Court of Biňan. The counsel and the prosecutor later moved for a
change of venue due to alleged intimidation. While the change of venue was
pending, Juvie executed an affidavit of desistance. The prosecutor continued on
with the case and the change of venue was done notwithstanding opposition from
Alonte. The case was raffled to the Manila Regional Trial Court under J Savellano. Savellano
later found probable cause and had ordered the arrest of Alonte and Concepcion.
Thereafter, the prosecution presented Juvie and had attested the voluntariness
of her desistance the same being due to media pressure and that they would
rather establish new life elsewhere. Case was then submitted for decision and
Savellano sentenced both accused to reclusion perpetua. Savellano commented
that Alonte waived his right to due process when he did not cross examine Juvie
when clarificatory questions were raised about the details of the rape and on
the voluntariness of her desistance.
ISSUE:
Whether
or not Alonte has been denied criminal due process.
HELD:
The
Supreme Court ruled that Savellano should inhibit himself from further deciding on the
case due to animosity between him and the parties. There is no showing that
Alonte waived his right. The standard of waiver requires that it “not only must
be voluntary, but must be knowing, intelligent, and done with sufficient
awareness of 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 indulge every reasonable presumption against waiver. Savellano
has not shown impartiality by repeatedly not acting on numerous petitions filed
by Alonte. The case is remanded to the lower court for retrial and the decision
earlier promulgated is nullified.
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