Miranda, et al. vs. Tuliao

Miranda, et al. vs. Tuliao

   October 23, 2017       FJ

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JOSE MIRANDA, et al. vs. VIRGILIO TULIAO

G.R. NO. 158763 MARCH 31, 2006

486 SCRA 377

PLEASE NOTE THAT YOU ARE PRESUMED THAT YOU HAVE READ THE ORIGINAL TEXT OF THE CASE. THIS IS FOR THE PURPOSE OF REVIEW. *Read at your own risk* :)

(Criminal Procedure)

FACTS:

·         March 8, 1996 – burnt dead bodies of  Vicente Bauzon and Elizer Tuliao were found in Ramon, Isabela.

·         Two  informations for muder were filed against, SPO1 Leaño, SPO1 Marzan, SPO1 Agustin, SPO2 Micu, SPO2 Maderal, and SPO4 Ramirez in the RTC Santiago City

·         The venue was later transferred in Manila

·         April 22, 1999 – RTC Manila ➜  All = CONVICTED EXCEPT SPO2 Madera while has yet to be arraigned.

·         Sept. 1999 - Maderal was arrested

·         April 27, 2001 – Maderal ➜  Sworn confession and identified Miranda, PO3 Ocon, SPO3 Dalmacio, Boyet dela Cruz and Amado Doe – responsible for the death of the victims

·         Tuliao ---- filed a complaint for murder

·         June 29 - Miranda➜  Urgent motion to complete PI, to reinvestigate, and to recall and/or quash the woa.

·         July 6 – In the hearing of the urgent motion, Judge Tumaliuan noted the absence of the petitioners ➜ Joint Order – DENIED because the court did not acquire jurisdiction over the persons

·         Miranda ➜  appealed the reso of the State Prosec to the DOJ.

·         August 17 – PJ Anghad took over ➜  Joint Order – reversing the JO of the former Judge and ordered the cancellation of the WOA ➜  also applied to Ocon and Dalmacio.

·         Tulia and SP ➜ MR and prayed inhibition of PJ Anghad ➜ DENIED

·         Case against the first set of accused who were convicted = APPEALED➜ SC ➜  Oct. 9, 2001 – ACQUITTED

·         Oct. 25, 2001 – Tuliao➜  Cert. Prohib. Mandam. With TRO➜  SC

·         Nov. 12, 2001 – SC➜ Reso – GRANT the Petition

·         Nov. 14, 2001 – PJ Anghad➜  DISMISSED the two informations

·         Nov. 15, 2001 - SC ➜ TRO while referring the petition to CA

·         Dec. 18, 2002 - CA ➜ GRANTED and ORDER the reinstatement of the crim cases in the RTC Santiago and issuance of woa

·         Miranda ➜ MR ➜  DENIED

HELD: in favor Tuliao

·         The case is reinstated and transferred to the RTC Manila

·         PJ Anghad exercised grave abuse of discretion

·         CUSTODY OF LAW v. JURISDICTION OVER THE PERSON

(YES) there can be COL = no JOP
(YES) there can be JOP = not in COL

(In Pico Case) 
 GR: One who seeks an affirmative relief is deemed to have submitted to the jurisdiction of the court.

ETR: SPECIAL APPEARANCES

In the case of pleadings whose prayer is precisely for the avoidance of the jurisdiction of the court. These pleadings are:

1. CIVIL CASES	MT Dismiss – LOJ over the person of the defendant (whether or not other grounds for dismissal are included)	Consequences of the fact that FAILURE to file = WAIVER of the defense “Lack of Jurisdiction Over the Person”
2. CRIMINAL CASES	MT Quash a complaint – LOJ over the person of the accused
3.	MT Quash a WOA	That it is the very legality of the court process forcing the submission of the person of the accused that is the very issue in a MTQ of the woa

(In Santiago Case)
Seeking affirmative relief whether civil or criminal = voluntary appearance

CUSTODY OF LAW	JURISDICTION OVER THE PERSON
Required for the application for bail	NOT
NOT required for the adjudication of other relief sought.	Mere application = waiver of the defense lack of JOP
Accomplished by ARREST or VOLUNTARY SURRENDER	Acquired upon ARREST or VOLUNTARY APPEARANCE
Literally custody over the body of the accused

OTHER NOTES:

Criminal Procedure; Warrants of Arrest; Even if the petition for review of the resolution of the assistant prosecutor was filed with the Secretary of Justice before the issuance of the warrants of arrest, the fact remains that the pendency of a petition for the review of the prosecutor's resolution is not a ground to quash the warrants of arrest.

After Judge Tumaliuan issued warrants for the arrest of petitioners, petitioner Miranda appealed the assistant prosecutor's resolution before the Secretary of Justice. Judge Anghad, shortly after assuming office, quashed the warrant of arrest on the basis of said appeal. According to Judge Anghad, "x x x prudence dictates (that) and because of comity, a deferment of the proceedings is but proper."

Quashal on this basis is grave abuse of discretion. It is inconceivable to charge Judge Tumaliuan as lacking in prudence and oblivious to comity when he issued the warrants of arrest against petitioners just because the petitioners might, in the future, appeal the assistant prosecutor's resolution to the Secretary of Justice. But even if the petition for review was filed before the issuance of the warrants of arrest, the fact remains that the pendency of a petition for the review of the prosecutor's resolution is not a ground to quash the warrants of arrest.

Criminal Procedure; Probable Cause; Probable cause need not be based on clear and convincing evidence of guilt, neither on evidence establishing guilt beyond reasonable doubt and definitely, not on evidence establishing absolute certainty of guilt.

It is important to note that an exhaustive debate on the credibility of a witness is not within the province of the determination of probable cause. As we held in Webb:

A finding of probable cause needs only to rest on evidence showing that more likely than not a crime has been committed and was committed by the suspects. Probable cause need not be based on clear and convincing evidence of guilt, neither on evidence establishing guilt beyond reasonable doubt and definitely, not on evidence establishing absolute certainty of guilt. As well put in Brinegar v. United States, while probable cause demands more than "bare suspicion," it requires "less than evidence which would justify x x x conviction." A finding of probable cause merely binds over the suspect to stand trial. It is not a pronouncement of guilt.

x x x Probable cause merely implies probability of guilt and should be determined in a summary manner. Preliminary investigation is not a part of trial x x x.

Criminal Procedure; Judgments; A decision acquitting the accused of a crime cannot be the basis of the dismissal of criminal case against different accused for the same crime.

A decision, even of this Court, acquitting the accused therein of a crime cannot be the basis of the dismissal of criminal case against different accused for the same crime.  The blunder of Judge Anghad is even more pronounced by the fact that our decision in Leaño was based on reasonable doubt.  We never ruled in Leaño that the crime did not happen; we just found that there was reasonable doubt as to the guilt of the accused therein, since the prosecution in that case relied on circumstantial evidence, which interestingly is not even the situation in the criminal cases of the petitioners in the case at bar as there is here an eyewitness: Rodel Maderal.  The accused in Leaño furthermore had no motive to kill respondent Tuliao's son, whereas petitioners herein had been implicated in the testimony of respondent Tuliao before the Senate Blue Ribbon Committee.

Criminal Procedure; The declaration of nullity of proceedings should be deemed to carry with it the reinstatement of the orders set aside by the nullified proceedings.

Whether the Court of Appeals ordered the issuance of new warrants of arrest or merely ordered the reinstatement of the warrants of arrest issued by Judge Tumaliuan is merely a matter of scrupulous semantics, the slight inaccuracy whereof should not be allowed to affect the dispositions on the merits, especially in this case where the other dispositions of the Court of Appeals point to the other direction.  Firstly, the Court of Appeals had reinstated the 25 June 2001 Order of Judge Tumaliuan, which issued the warrants of arrest.  Secondly, the Court of Appeals likewise declared the proceedings conducted by Judge Anghad void.  Certainly, the declaration of nullity of proceedings should be deemed to carry with it the reinstatement of the orders set aside by the nullified proceedings. Judge Anghad's order quashing the warrants of arrest had been nullified; therefore those warrants of arrest are henceforth deemed unquashed.

Criminal Procedure; Constitutional Law; Double Jeopardy cannot be invoked where the accused has not been arraigned and it was upon his express motion that the case was dismissed.

The reinstatement of a criminal case dismissed before arraignment does not constitute double jeopardy.  Double jeopardy cannot be invoked where the accused has not been arraigned and it was upon his express motion that the case was dismissed. 

Criminal Law; Bails; Custody of the law is required before the court can act upon the application for bail, but is not required for the adjudication of other reliefs sought by the defendant where the mere application therefor constitutes a waiver of the defense of lack of jurisdiction over the person of the accused.

Our pronouncement in Santiago shows a distinction between custody of the law and jurisdiction over the person. Custody of the law is required before the court can act upon the application for bail, but is not required for the adjudication of other reliefs sought by the defendant where the mere application therefor constitutes a waiver of the defense of lack of jurisdiction over the person of the accused. Custody of the law is accomplished either by arrest or voluntary surrender, while jurisdiction over the person of the accused is acquired upon his arrest or voluntary appearance. One can be under the custody of the law but not yet subject to the jurisdiction of the court over his person, such as when a person arrested by virtue of a warrant files a motion before arraignment to quash the warrant. On the other hand, one can be subject to the jurisdiction of the court over his person, and yet not be in the custody of the law, such as when an accused escapes custody after his trial has commenced. Being in the custody of the law signifies restraint on the person, who is thereby deprived of his own will and liberty, binding him to become obedient to the will of the law. Custody of the law is literally custody over the body of the accused. It includes, but is not limited to, detention.

Criminal Law; A person applying for admission to bail must be in the custody of the law or otherwise deprived of his liberty. A person who has not submitted himself to the jurisdiction of the court has no right to invoke the processes of that court.

The statement in Pico v. Judge Combong, Jr., cited by the Court of Appeals should not have been separated from the issue in that case, which is the application for admission to bail of someone not yet in the custody of the law.  The entire paragraph of our pronouncement in Pico reads: 

A person applying for admission to bail must be in the custody of the law or otherwise deprived of his liberty.  A person who has not submitted himself to the jurisdiction of the court has no right to invoke the processes of that court.  Respondent Judge should have diligently ascertained the whereabouts of the applicant and that he indeed had jurisdiction over the body of the accused before considering the application for bail.

While we stand by our above pronouncement in Pico insofar as it concerns bail, we clarify that, as a general rule, one who seeks an affirmative relief is deemed to have submitted to the jurisdiction of the court. As we held in the aforecited case of Santiago, seeking an affirmative relief in court, whether in civil or criminal proceedings, constitutes voluntary appearance.

Criminal Law; Courts; Jurisdictions; Filing of pleadings seeking affirmative relief constitutes voluntary appearance and consequent submission of one's person to the jurisdiction of the court, Exceptions.

There is, however, an exception to the rule that filing pleadings seeking affirmative relief constitutes voluntary appearance, and the consequent submission of one's person to the jurisdiction of the court. This is in the case of pleadings whose prayer is precisely for the avoidance of the jurisdiction of the court, which only leads to a special appearance. 

These pleadings are:

(1) in civil cases, motions to dismiss on the ground of lack of jurisdiction over the person of the defendant, whether or not other grounds for dismissal are included;

(2) in criminal cases, motions to quash a complaint on the ground of lack of jurisdiction over the person of the accused; and

(3) motions to quash a warrant of arrest. The first two are consequences of the fact that failure to file them would constitute a waiver of the defense of lack of jurisdiction over the person. The third is a consequence of the fact that it is the very legality of the court process forcing the submission of the person of the accused that is the very issue in a motion to quash a warrant of arrest.

Judicial Ethics; Judges; Abuse of Discretion; Records and supporting evidence show that Judge Anghad gravely abused his discretion. 

After a careful scrutiny of the records of the case, including the supporting evidence to the resolution of the prosecutor in his determination of probable cause, we find that Judge Anghad gravely abused his discretion.

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Tijam, et al. vs. Sibonghanoy, et al.

Tijam, et al. vs. Sibonghanoy, et al.

   October 23, 2017       FJ

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SERAFIN TIJAM, et al. vs. MAGDALENO SIBONGHANOY, et al.

G.R. NO. L-21450 APRIL 15, 1968

131 PHIL REP 556

PLEASE NOTE THAT YOU ARE PRESUMED THAT YOU HAVE READ THE ORIGINAL TEXT OF THE CASE. THIS IS FOR THE PURPOSE OF REVIEW. *Read at your own risk* :)

(Criminal Procedure)

FACTS:

·         July 19, 1948 - The Sps. Tijam filed a complaint for collection of sum of money with writ of attachment against Sps. Sibonghanoy.

·         July 31 - Counter-bound filed by the defendants and Manila Surety and Fidelity Co. Inc. (Surety).

·         RTC – in favor of Tijam; issued the writ of execution (woe) against defendants however insufficient; further issued against the Surety.

·         Surety ---> written opposition; failure to prosecute and absence of demand upon surety for the payment.

·         Plaintiff ---> 2^nd motion to issue WOE.

·         Surety ---> MTQ the writ; without required summary hearing ---> RTC DENIED.

·         Surety ---> APPEAL to CA; although not one of the Assignment of Errors it is obvious raises the QUESTION OF LACK OF JURISDICTION.

·         January 10, 1963, Surety ---> MTD before RTC; Tijam’s action for recovery of P 1,908 should be filed before the inferior courts; according to SEC. 88 (RA 296 – Judiciaty Act of 1948) : “within the original exclusive jurisdiction of the inferior courts, all civil actions where the value of the subject matter or the amount of the demand does NOT exceed P 2,000” the law was effective on  JUNE 17, 1948.

THEREFORE, RTC has NO JURISDICTION OVER THE SUBJECT MATTER

HELD: in favor of the Sps. Tijam

·         The rule that jurisdiction over the subject matter is conferred upon the courts exclusively by law, and as a lack of it affects the very authority of the court to take cognizance of the case, the objection may be raised at any stage of the proceedings.

·         HOWEVER, in the present case, SURETY IS NOW BARRED BY LACHES from invoking this plea at this late hour for the purport of annulling everything done

·         15 YEARS before the surety filed MTD on raising the question of lack of jurisdiction for the first time.

·         LACHES – is failure or neglect, for an unreasonable and unexplained length of time, to do that which, by exercising due diligence, could or should have been done earlier.

·         DOCTRINE OF LACHES / STALE DEMANDS – upon the grounds of public policy, which requires,  for the peace of the society  and discouragement of stale claims.

- it is NOT a mere question of time but principally a question of inequity or unfairness of permitting a right or claim to be enforced or asserted.

NOTES:

Remedial Law; Party guilty of laches may not invoke lack o jurisdiction on appeal as in instant case - 

It is undisputed fact that the action commenced by the appellees in the CFI of Cebu against the Sibonghanoy spouses was for the recovery of the sum of P 1,908.00 only - an amount within the original exclusive jurisdiction of inferior courts in accordance with the pro­visions of the Judiciary Act of 1948 which had taken effect about a month prior to the date when the action was commenced. True also is the rule that jurisdiction over the subject matter is conferred upon the courts exclusively by law, and as the lack of it affects the very authority of the court to take cognizance of the case, the objection may be raised at any stage of the proceedings. However, considering the facts and circumstances of the present case - which shall forth­with be set forth - We are of the opinion that the Surety is now barred by laches from invoking this plea at this late hour for the purpose of annuling everything done heretofore in the case with its active participation.

Remedial Law; Estoppel; Different ways a party may be barred from raising question - 

A party may be estopped or barred from raising a question in different ways and for different reason. Thus we speak of estoppel in pais, of estoppel by deed or by record, and of estoppel by laches.

Remedial Law; Laches; Definition

Laches, in a general sense, is failure or neglect, for an unreasonable and unexplained length of time, to do that which, by exercising due diligence, could or should have been done earlier; it is negligence or omission to assert a right within a reasonable time, warranting a presumption that the party entitled to assert it either has abandoned it or declined to assert it.

Remedial Law; Instances when party may be estopped from invoking question of jusridiction.

A party can not invoke the jurisdiction of a court to secure affirmative relief against his opponent and, after obtaining or failing to obtain such relief, repudiate or question that same jurisdiction. In the case just cited, by way of explaining the rule, it was further said that the question whether the court had jurisdiction either of the subject matter of the action or of the parties was not important in such cases because the party is barred from such conduct not because the judgment or order of the court is valid and conclusive as an adjudication, but for, the reason that such a practice can not be tolerated - obviously for reasons of public policy.

Remedial Law; Failure to raise question of Jurisdiction at an earlier stage bars party from questioning it later.

Where from the time the Surety became a quasi-party on July 31, 1948, it could have raised the question of the lack of jurisdiction of the Court of First Instance of Cebu to take cognizance of the present action by reason of the sum of money involved which, according to the law then in force, was within the original exclusive jurisdiction of inferior courts. It failed to do so. Instead, at several stages of the proceedings in the court a quo as well as in the Court of Appeals, it invoked the jurisdiction of said courts to obtain affirmative relief and submitted its case for a final adjudication on the merits. It was only after an adverse decision was rendered by the Court of Appeals that it finally woke up to raise the question of jurisdiction. Were We to sanction such conduct on its part, We would in effect be declaring as useless all the proceedings had in the present case since it was commenced on July 19, 1948 and compel the judgment creditors to go up their Calvary once more. The inequity and unfairness of this is not only patent but revolting.

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Rule 110 - Institution of Criminal Actions

Rule 110 - Institution of Criminal Actions

   October 23, 2017       FJ

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Section 1, Rule 110 -- INSTITUTION OF CRIMINAL ACTIONS

Criminal actions shall be instituted as follows:

a) For offenses where a preliminary investigation is required pursuant to section 1 of Rule 112, by filing the complaint with the proper officer for the purpose of conducting the requisite preliminary investigation.

b) For all other offenses, by filing the complaint or information directly with the Municipal Trial Courts and Municipal Circuit Trial Courts, or the complaint with the office of the prosecutor. In Manila and other chartered cities, the complaint shall be filed with the office of the prosecutor unless otherwise provided in their charters.

The institution of the criminal action shall interrupt the running period of prescription of the offense charged unless otherwise provided in special laws.

ANNOTATIONS:

►  PRESCRIPTIVE PERIOD – COMMENCEMENT

ART. 90 (RPC)
Crimes punishable by:	year/s
Death	20 YEARS
RP
RT
Afflictive penalties	15 YEARS
Correctional penalties       (Prision Correccional)	10 YEARS
Arresto Mayor	5 YEARS
When the penalty fixed by law is a compound one	The highest penalty shall be made a basis
Libel	1 YEAR
Oral defamation	6 MONTHS
Slander by deed
Grave slander
Simple slander	2 MONTHS
Light Offenses
Crimes punishable by FINES:
Afflictive	5 YEARS
Correctional	10 YEARS
Light	2 MONTHS

ACT 3326 (special law)
Offenses punished only by fine or imprisonment for not more than 1 month or both	1 YEAR
Imprisonment for more than 1 month, but less than 2 years	4 YEARS
Imprisonment for 2 years but less than 6 years	8 YEARS
Imprisonment for 6 years or more	12 YEARS
Offenses under Internal Revenue Law	5 YEARS
Violations of municipal ordinances	2 MONTHS
Violations of the regulations or conditions of certificate of convenience by the Public Service Commission	2 MONTHS

ART. 91 (RPC) Computation of Prescription of Offenses

1. Commences to run from the day on which the crime is discovered by the offended party, the authorities or their agents.

2. Interrupted by the filing of complaint or information.

3. It shall commence to run again when such proceedings terminate without the accused being convicted or acquitted, or unjustifiably stopped for any reason not imputable to the accused.

4. The term of prescription shall not run when the offender is absent from the Philippine archipelago. For continuing crimes, prescriptive period cannot begin to run because the crime does not end.

► EFFECT OF FILING A COMPLAINT / INFORMATION

GR:  Interrupt the period of prescription of the offense.

o   Filing before the proper court

o   Filing before the court even without jurisdiction

o   Filing before the Office of the Prosecution

o   Commencement of the prosecution of the accused before the Office of the Prosecution.

o   Filing a complaint for PI

o   Filing before the Office of the Ombudsman

ETR: otherwise provided by the special laws.

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Republic of the Philippines vs. Conjuanco

Republic of the Philippines vs. Conjuanco

   October 23, 2017       FJ

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REPUBLIC OF THE PHILIPPINES vs. EDUARDO COJUANGCO, et al.

G.R. NO. 139930 JUNE 26, 2012

674 SCRA 492

PLEASE NOTE THAT YOU ARE PRESUMED THAT YOU HAVE READ THE ORIGINAL TEXT OF THE CASE. THIS IS FOR THE PURPOSE OF REVIEW. *Read at your own risk* :)

(Criminal Procedure)

FACTS:

• April 25, 1977 – respondents incorporated the United Coconut Oil Mills, Inc. (UNICOM) with authorized capital stock of P100M divided into 1M shares with a pv of P100 per share. 
• September 1978 – UNICOM amended its capitalization 
•  August 1979 – BOD of UCPB approved a resolution authorizing UCPB, the CII Fund, to invest NOT more than P500M form the dunf in the equity of UNICOM for the benefit of the coconut farmers. 
• Sept 4 1979 – UNICOM increased its ACS to 10M shares w/o par value. 
•  Sept 18 – new set of UNICOM directors approved another amendment to UNICOM’s capitalization. 
• March 1, 1990 (10YRS) OSG --- complaint for violation of Sec 3(e) RA 3019 against UCPB BOD before the PCGG; UCPB’s investment in UNICOM was manifestly and grossly disadvantageous to the government since UNICOM had a capitalization of only P5M and it had no track record of operation.  
• PCGG --- referred to OMB 
• March 15, 1999 (9YRS) OSP issued MEMO stating although it found sufficient basis to indict respondents for violation for RA 3019, the ACTION HAS ALREADY PRESCRIBE

Period of prescription commenced = FEBRUARY 8, 1980 (UNICOM filed Certificate of Filinf of Amended Articles of Inc with SEC)

·         Complaint = MARCH 1, 1990

ISSUE: whether or not the respondents’ alleged violation of RA 3019 has already prescribed.

HELD:     affirmed the memorandum of the OMB

• OSG --- Sec 15, Art XI (1987 PH Consti) “the right of the State to recover properties unlawfully acquired by the public officials or employees in NOT BARRED BY PRESCRIPTION, LACHES, or ESTOPPEL” 
•  SC → in jurisprudence, it applies only to  wealth, NOT TO CRIMINAL cases such as the in the present case 
• BEFORE – it was only 10YRs 
• (AMENDED by BP 195 –March 16 1982) 
• SEC 11 RA 3019 – Offenses committed under that law PRESCRIBES IN 15 YRS. COMPLAINT was FILED BEFORE THE AMENDMENT.   
• NOW - RA 3019 as special law, 10YRS PRESCRIPTIVE computed in accordance with the SEC 2 of ACT 3326 

2 RULES in determining when the prescriptive period shall begin to run:

1.  From the day of the commission of the violation of the law, if known; and
2. From its discovery, if NOT then known, and the institution of judicial proceedings for its investigation and punishment

• OSG --- 2nd rule – after the 1986 EDSA Revo
• Then its late since 1996

OTHER NOTES:

Criminal Procedure; Prescription; Behest Loans; In the prosecution of cases of behest loans, the Court reckoned the prescriptive period from the discover of such loans. The reason for this is that the government, as aggrieved party, could not have known that those loans existed when they were made.

In the prosecution of cases of behest loans, the Court reckoned the prescriptive period from the discovery of such loans. The reason for this is that the government, as aggrieved party, could not have known that those loans existed when they were made. Both parties to such loans supposedly conspired to perpetrate fraud against the government. They could only have been discovered after the 1986 EDSA Revolution when the people ousted President Marcos from office. And, prior to that date, no person would have dared question the legality or propriety of the loans.

Criminal Procedure; Prescription; Prescription of actions is a valued rule in all civilized states from the beginning of organized society.

Prescription of actions is a valued rule in all civilized states from the beginning of organized society. It is a rule of fairness since, without it, the plaintiff can postpone the filing of his action to the point of depriving the defendant, through the passage of time, of access to defense witnesses who would have died or left to live elsewhere, or to documents that would have been discarded or could no longer be located. Moreover, the memories of witnesses are eroded by time. There is an absolute need in the interest of fairness to bar actions that have taken the plaintiffs too long to file in court.

Special Civil Actions; The remedy from an adverse resolution of the Office of the Ombudsman in a preliminary investigation is a special civil action of certiorari under Rule 65

Preliminarily, the Court notes that what Republic of the Philippines (petitioner) filed in this case is a petition for review on certiorari under Rule 45. But the remedy from an adverse resolution of the Office of the Ombudsman in a preliminary investigation is a special civil action of certiorari under Rule 65. Still, the Court will treat this petition as one filed under Rule 65 since a reading of its contents reveals that petitioner imputes grave abuse of discretion and reversible jurisdictional error to the Ombudsman for dismissing the complaint. The Court has previously treated differently labeled actions as special civil actions for certiorari under Rule 65 for acceptable reasons such as justice, equity, and fair play.

Criminal Law; Constitutional Law; Ill-Gotten Wealth; Prescription; Anti-Graft and Corrupt Practices Act; Section 15, Article XI of the 1987 Philippine Consitution provides that the right of the State to recover properties unlawfully acquired by public officials or employees is not barred by prescription, laches, or estoppel

As to the main issue, petitioner maintains that, although the charge against respondents was for violation of the Anti-Graft and Corrupt Practices Act, its prosecution relates to its efforts to recover the ill-gotten wealth of former President Ferdinand Marcos and of his family and cronies. Section 15, Article XI of the 1987 Constitution provides that the right of the State to recover properties unlawfully acquired by public officials or employees is not barred by prescription, laches, or estoppel. But the Court has already settled in Presidential Ad Hoc Fact-Finding Committee on Behest Loans v. Desierto that Section 15, Article XI of the 1987 Constitution applies only to civil actions for recovery of ill-gotten wealth, not to criminal cases such as the complaint against respondents in OMB-0-90-2810. Thus, the prosecution of offenses arising from, relating or incident to, or involving ill-gotten wealth contemplated in Section 15, Article XI of the 1987 Constitution may be barred by prescription.

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I have no idea.

I have no idea.

   September 28, 2017       FJ

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I cannot find my way to get some peace, tonight, despite the tiring day I have accomplished. Work and school, these are the things give me reason to stay alive. I want to sleep... like forever, but unfortunately, currently, I am deprived of my peace, again.

"Am I okay?", asks myself. To be honest, I do not know, neither cannot find any clues if I am nor answer if I really am. As of now, I believe, I am not. For a while I bothered myself with thoughts. Well, nothing is new about that, but today, these are kind of unnecessary and unusual.

"Am I crazy?", a following question. I cried tonight without any reason. Not even about how I am dying to talk to my ex-boyfriend and still cannot but I miss him so badly. Neither my academics that I still cannot manage to balance, nor my work which is currently in a good status. So what is the answer to my question? maybe a maybe?

I am definitely and 101% tired but my brain does not want to agree, so here I am writing what the latter wants, even my head feels like it will break into half, tension to tension there are rusty screws trying to screw itself into my head. My physical system is yelling for peace but my mental system is trying to declare war.

As much as I want to share this to others but that will be absurd. They will hear me crying without definite reason. Telling me I am lack of something, like sleep, well, indeed I am but can you not understand, I cannot. Others will tell me to relax and stop thinking, seriously? stab me ten times, that will make me stop, or will tell me that "everything will be okay", then, just stop. Well, some will leave me up with some kind of religious ways to find of comfort, and yes, I find it very helpful, but telling me that in the middle of my breakdown won't help me for a while but thank you very much. I will just choose not to talk, instead.

If you have been in a Metro Rail Transit in the Philippines during rush hour, long span of train intervals, and everyone is impatient, angry and late for work, and when the train comes, open its door, there is a possibility that you will die in the middle of the crowd, in a snap. The train represents the brain and people as the thoughts, emotions, feels, words, regrets, and whatever things your mind are thinking. That is how messed up yours truly right now. However, I do not want to consider myself to be severely damaged but apparently, it seems it is and I just want my train to turn off the engine and shut down the whole system.


xxx

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Unanswered Thoughts

Unanswered Thoughts

   September 26, 2017       FJ

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I tried harder, I pushed myself, but I should’ve not.

I was assured that everything was fine, that he was fine, but none of it was.

I’ve held on to those promises and to those words he left, but none was in his memory.

I’ve been devoted to our future but he was still embracing his yesterday.

Am I that stupid? Or you were a fraud?

I know what you have been through but why I cannot consider.

With all the knowledge of the situation but continued to invest, I was in bad faith.

I rescinded but still my loss.

Why did I fight, if you cannot? Why did you try, if you were not sure?

Why did you say love me and be still the same?

Why am I waiting for something I was not assured?

I challenged all my words, my thoughts and my emotions.

What have I done to you?

Why do I feel the regret of my own rescission? Why should I?

Why did I become a prisoner of your promises? Why should I be?

Why did I love too much, which I should have not.

What have I done to you to make me feel this way?

Why am I still here?

Is it really worth the wait... or am I waiting for nothing?

If you were still embracing your past, so do I, you are my yesterday.

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One punch reality

One punch reality

   August 31, 2016       FJ

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Ore Monogatari (episode 22) - Yukikata-chan.

I sobbed after you said, you were smiling after you heard what I said.

"I'm glad.", I respond over the phone. 

"Very glad.", as my tears gushed on my cheeks.

You were right when you accused of me of feeling mad and disappointed.

However, I expressly pleaded not guilty. 

Without a doubt, I feel rejected and I do not like the feeling. Not at all.

I cannot point the blame to you because it was not your fault. 

It was no one's. It was the feels'.

Here, another reality punched straight to the chest.

Despite the negative expectations, there was a little light of hope that the feelings is reciprocal. 

That little thing hurts more. 

I've been too vulnerable and too expressive. 

Both directed me to fear which I should have followed.

"At least, you do not need to think of it every night", you comfort.

"You do not really understand", I thought.

I am broken but I am grateful. It hurts and I apologize.

I admit, I hate the way you made me feel but I love you for being you.

I am not bidding a farewell but I will leave the rest to you.


If the person you like does not dislike you, it does not mean he likes you, maybe he's just being kind.

I agree.

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Unsent feelings

Unsent feelings

   August 27, 2016       FJ

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He said, I should take risk.

I should express my feelings for someone before the time runs out and accept the consequences. 

If it is yay, then good and if it is nay, then move on. 

That is how easy he explained.

I told him, taking risk is a challenge. He agreed. 

"Don't let yourself suffer for a long time. Just tell them", he added.

He does not understand.

He does not know that every moment I spend with him is something I will always cherish. 

He does not know that the time we spend on talking every minute is something I will store. 

He does not know how happy I am listening to his stories.

He does not know I do not want this to end. 

And despite the negative consequences occur during the times I think of my feelings.
The answer is still... I do not want to take risk.

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Unsent honesty.

Unsent honesty.

   August 14, 2016       FJ

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He doesn't like taking photos neither doing some things that I like. However, if I insists and please, he still do it with a smile.

We agree on a lot of things except for the aforementioned. I like the way he talk, the way he describes things, and his curiosity, as well as his silence and his quirkiness. He's the ideal significant.

We have spent some time, thrice in approximate, it was short but for me, it was worth a memory. Today, this is a courage, after I publish this, none can unseen, people's curiosity will still be open, even if I delete this afterwards.

He may get upset or surprise if he saw this because he doesn't know, no one, except me. This little action of mine might conclude something I wouldn't want to happen. I don't know. But if it did, I'm still happy I spoil it.

If you're thinking if it means something, I hope. I don't have a lot of courage to tell him this but I became a fan of his being. However, there is always a limitation, it will not always get there. Believe me. I felt it.

Whatever happens, I'm happy I met him, get to know little things about him, and if I will be given a chance, I would like to know more, otherwise, it was a pleasure.

For a while, he became the Michael, if I am Lang. It was a dream.

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Cliche Pioneer

Cliche Pioneer

   August 14, 2016       FJ

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A hot coffee on your front, a frappe on mine, and it was because of your invitation.
We were seating opposed to each other in a table for two.
The ambiance was well blend with the smell of bitterness and sounds of calmness
We threw each other with questions, we both agreed on things, I never looked at my watch.
The clock says it was been an hour but I felt like it was only ten minutes.
After a while, I was surprised with myself when I sighed with relief.
I felt inspired after that day, and expected for another time with you.
And, we did.

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Quasi-crisis

Quasi-crisis

   July 12, 2016       FJ

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Breaking down in the middle of the night after drowning with my own deep thoughts is one of the hobbies I do almost everyday. It's terrible.

Sometimes, when the heaven answered free cut classes, I like the feeling of excitement to get home early, then, when I'm alone in the apartment, I loudly talk to the mirror. I tell stories of what were dumbest things I've done and share the worst things that some guys did to me. There are times that I cry alone, looking at myself, thinking if I really did a good decision, often I regret. Most of the time, I asked "Why is this happening to me?!" or "I don't like this anymore. I'm tired. Can I sleep without waking up?", thankfully, the latter question is still a question and unfortunately, I still ask myself with such.

However, despite these bad things, the opposite still exists. Do not worry because there are still things that maintain my happiness, and it will be... sleep, yes, especially when it feels like forever. It helps me forget the outside world for a while and I like being in the world of my dreams where anything is possible, like having strawberry ice cream date with my crush. It's fun.

Recently, I had a major break down, it was a mix of quarrels, academic failure and an add-on of work issues, a really rough week. We will never avoid these quarrels, especially with the closest pople in our lives, however, this one is different, those words that hit me so hard, words that described my whole being in a negative way. Those words were from one of the most important persons in my life, it was unexpected . Some may think it is shallow and unimportant but for me, it's not just an ordinary academic failure, but it was a thing that knocked down my head to overthinking and giving up, hence, I disappoint everyone.

That day, I was not in my lucid interval. Everything sank into me, all the emotional stress, the sadness, the anger, it all brought up to my head which rendered to physically hurt myself by punching my desk and hitting my head on the wall. It was ridiculous and stressful. I want to talk to someone, I want someone to listen, I want someone to understand but I changed my options because I thought that no one will listen, no one will care and no one will appreciate my sadness, and also, I do not want to bother you to carry my burden too. However, it did not stop me the next day to approached a friend, who answered her phone after the first ring, I thank her for patiently listening to me, I cried to her for hours, begging for a rest.

After this breakdown, I realized that I am a major disappointment to the people who believed in my skills and strength. I flunked one discipline and in my life, I almost throw my soul in hell. Nevertheless, I let myself drowned in the salty liquid gushing from my eyes, I really can't control my own but not until I forgot to breathe. After I cried a river, I lie down and close my eyes, too tired to talk but I spoke through my mind, I asked for the guidance from above.

Thereafter, I've had enough, I thought. So, I took a rest and smile again the next day. 

Breakdowns, exhaustion, deprivation of sleep, and weeping heart, despite these, I can still crack the joke of the year. 

Hence, if I send a joke, appreciate.

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Art of letting go

Art of letting go

   May 24, 2016       FJ

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Everything began all clear with no marks from the past, we started the story in a blank paper.

It started with the first word you wrote in the box. A greeting as a pioneer of our messy story.

Do you still remember how we created the giant pot of gold? I hope you are.

We started with black, plain and simple like how our friendship grows, it is well and normal. You did not mind what my life would be in five years and neither am I with what were your plans that day, because all we know is that we are plainly enjoying the conversation like everyone else.

Our friendship is growing so well, both of us are glad on creating good memories and laughing at each other's joke, it circulates very well like the red blood gushing through our veins, we know we are doing normal but not until the circulation continues to enter our hearts.

And the circulation continues, it flows from a simple joy to happiness. I can still remember your face, it was like a child who is excited for a glass of orange juice on a summertime under the sun. A burning desire for a glass of ice with fresh squeeze of enthusiasm. It was a non-stop chat even after the sun goes down. Your smile, your laugh, your stories, and the feeling of the synesthesia in every sweetest words you say, like how Mia was very happy seeing Mango's orange purr.

I became the happiest person in the world when I look up in the sky, my eyes were flashed by the yellow sun, it is all bright, like the splash of our plans in the future. The happiness is too overwhelming, we cannot hide our smiling faces when talking, the excitement to see each other, and the guilt that we are too far away from each other, as how we look at the sun that is too bright to see but too far to reach. However, I was still delightful to saw you looking on the bright side, and yes, you made me believed that we are maybe standing on a different ground but we are still looking at the same sun, and there is no impossibility for us to be together.

I never lose hope, looking at the sun made me feel more alive, it did made me strong day by day like how the sunlight making the plants look so green and strong. It is the photosynthesis helped me stand still to continuously fight, and that is likewise I noticed the same to you, without a doubt, you are really strong as a soldier.

Not until we faced huge wave of zombies, which ate all that green, strong and alive hearts of ours. It turned out surreal, it is all blue and unpredictable. I became exhausted but I tried to fight, I made myself believe that it was just a nightmare, that zombies were not real. I tried everything to survive, it is difficult because I want to return to the day when I saw your brightest smile. I want to wake up.

Then, the apocalypse came, the attacked was not just fantasy but it is a part of the reality. I saw your eyes changing into fading indigo. The sincerity was gone, the devotion to our future was not anymore in your heart, and everything started to feel dull. I didn't know what to do. I don't even know why that day happened. I do not even know why am I losing the paint of hope in my hand. I tried my best, I tried to give you a masterpiece, but you gave up and left without any clear away.

It was all clear and flowing, my heart went tired, my eyes went sweaty all day, and I tried to breathe without any air to inhale. I turned violet and expired. It was one of the hardest days of my life.

Afterwards, the colors were gone, they cannot be distinct from another, it was all mixed up and turned gray. The feelings were unknown, no happiness neither loneliness, it was neutral. I realized, you left me alone, You are gone. It's all done. 

But, it is not yet the end, I need a remedy to wrap up the art attack and I found the solution by fixing myself. Cleaning all the mess, the medium used, the feelings, the mind, the heart, get a new blank paper and start all over again.

Hence, acceptance and letting go. :)

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