Republic of the Philippines
SUPREME COURT
Manila
EN BANC
G.R. No. L-42050-66 November 20, 1978
G.R. No. L-46229-32 November 20, 1978
G.R. No. L-46313-16 November 20, 1978
G.R. No. L-46997 November 20, 1978
Jose L. Gamboa, Fermin Martin, Jr. & Jose D. Cajucom, Office of the City of Fiscal of Manila and the Office of Provincial Fiscal of Samar for petitioners.
Norberto Parto for respondents Candelosas, Baes and Garcia.
Amado C. de la Marced for respondents Simeon Bundalian Jr., et al.
Manuel F. de Jesus for all the respondents in L-46229-32 and L-46313-16.
Norberto L. Apostol for respondent Panchito Refuncion.
Hon. Amante P. Purisima for and in his own behalf.
A — The Information filed by the People —
1. In L-42050-66, one typical Information filed with the Court presided by Judge Purisima follows:
THE PEOPLE OF THE PHILIPPINES, plaintiff, versus PORFIRIO CANDELOSAS Y DURAN, accused.
VIOLATION OF PAR. 3, PRES. DECREE No. 9 OF PROCLAMATION 1081
THE PEOPLE OF THE PHILIPPINES, plaintiff, versus REYNALDO LAQUI Y AQUINO, accused.
3. In L-46997, the Information before the Court of First Instance of Samar is quoted hereunder:
PEOPLE OF THE PHILIPPINES, complainant, versus PANCHITO REFUNCION, accused.
B. — The Orders of dismissal —
1. Judge Purisima reasoned out, inter alia, in this manner:
2. Judge Maceren in turn gave his grounds for dismissing the charges as follows:
C. — The law under which the Informations in question were filed by the People.
We quote in full Presidential Decree No. 9, to wit:
D. — The arguments of the People —
E. — Our Ruling on the matter —
There are certain aids available to Us to ascertain the intent or reason for P.D. 9(3).
Second, the result or effects of the presidential decree must be within its reason or intent.
In the paragraph immediately following the last "Whereas" clause, the presidential decree states:
At this instance We quote from the order of Judge Purisima the following:
Our own decisions have set down the same guidelines in this manner, viz:
F. The Informations filed by petitioner are fatally defective.
Pertinent provisions of the Rules of Court follow:
Section 8. Rule 117 states that:
Yes, while it is not within the power of courts of justice to inquire into the wisdom of a law, it is however a judicial task and prerogative to determine if official action is within the spirit and letter of the law and if basic fundamental rights of an individual guaranteed by the Constitution are not violated in the process of its implementation. We have to face the fact that it is an unwise and unjust application of a law, necessary and justified under prevailing circumstances, which renders the measure an instrument of oppression and evil and leads the citizenry to lose their faith in their government.
WHEREFORE, We DENY these 26 Petitions for Review and We AFFIRM the Orders of respondent Judges dismissing or quashing the Information concerned, subject however to Our observations made in the preceding pages 23 to 25 of this Decision regarding the right of the State or Petitioner herein to file either an amended Information under Presidential Decree No. 9, paragraph 3, or a new one under other existing statute or city ordinance as the facts may warrant.
Without costs.
SO ORDERED.
Fernando, Teehankee, Santos, Fernandez and Guerrero, JJ., concur.
Castro, C.J. and Antonio, J, concur in the result.
Aquino, J, took no part.
Makasiar, J, concurs.
CONCEPCION, JR., J, concurring:
Makasiar, J, concurs.
CONCEPCION, JR., J, concurring:
1 p. 118, rollo of L-42050-66.
2 pp. 10-11, brief of Petitioner at p. 218, Ibid.
3 Art. IV, Sec. 19, 1973 Constitution.
4 Francisco on the Revised Rules of Court, 1969 Ed., Vol. on Criminal Procedure, p. 86.
5 pp. 33-34 brief of Petitioner filed by the City Fiscal of Manila.
7 People v. Elkanish, 1951, 90 Phil. 53, 57 People v. Yadao, 1954, 94 Phil. 726, 728.
9 13 SCRA 449, 453; Emphasis supplied.
10 See 73 Am Jur 2d 432-433 for cases on the foregoing undesirable consequences.
13 People v. Supnad, 7 SCRA 603, 606.
14 28 Phil. See Moran, Comments on the Rules of Court, 1970 Ed., Vol. 4, p. 222.
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