On August 14, 1984, petitioners were charged before the Regional Trial Court (RTC) of Makati with, as aforesaid, the crime of "other forms of swindling" in the Information, docketed as Criminal Case No. 11787, which reads:That on or about the 20th day of November, 1978, in the Municipality of Parañaque, Metro Manila, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, conspiring and confederating together and mutually helping and aiding one another, well knowing that their parcel of land known as Lot No. 11, Block No. 6 of the Subdivision Plan (LRC) Psd 67036, Cadastral Survey of Parañaque, LRC Record No. N-26926, Case No. 4896, situated at Barrio San Dionisio, Municipality of Parañaque, Metro Manila, was mortgaged to the Rural Bank of Imus, did then and there willfully, unlawfully and feloniously sell said property to one Conrado P. Avila, falsely representing the same to be free from all liens and encumbrances whatsoever, and said Conrado P. Avila bought the aforementioned property for the sum of P12,895.00 which was paid to the accused, to the damage and prejudice of said Conrado P. Avila in the aforementioned amount of P12,895.00.
Contrary to law.
After trial on the merits, the RTC rendered its Decision on June 30, 1994, finding petitioners guilty beyond reasonable doubt of the crime charged and sentencing them to suffer the penalty of imprisonment for two months and to pay the fine of P18,085.00 each.
On appeal, the Court of Appeals, in its February 19, 1999 Decision in CA-G.R. No. CR No. 18270, affirmed the decision of the trial court. In its December 22, 1999 Resolution, the appellate court further denied petitioners' motion for reconsideration.
Assailing the aforesaid issuances of the appellate court, petitioners filed before this Court, on February 11, 2000, their petition for review, docketed as G.R. No. 141208. The Court, however, on March 13, 2000, denied the same for petitioners' failure to state the material dates. Since it subsequently denied petitioners' motion for reconsideration on June 28, 2000, the judgment of conviction became final and executory.
With the consequent issuance by the trial court of the April 19, 2001 Warrant of Arrest, the police arrested, on April 27, 2001, petitioner Carmelita C. Llamas for her to serve her 2-month jail term. The police, nevertheless, failed to arrest petitioner Francisco R. Llamas because he was nowhere to be found.
On July 16, 2001, petitioner Francisco moved for the lifting or recall of the warrant of arrest, raising for the first time the issue that the trial court had no jurisdiction over the offense charged.
There being no action taken by the trial court on the said motion, petitioners instituted, on September 13, 2001, the instant proceedings for the annulment of the trial and the appellate courts' decisions.
The Court initially dismissed on technical grounds the petition in the September 24, 2001 Resolution, but reinstated the same, on motion for reconsideration, in the October 22, 2001 Resolution. 2
1. WITH ALL DUE RESPECT, AND IN LIGHT OF THE CORRECT APPLICATIONS OF DOCTRINAL JURISPRUDENCE, PETITIONERS HAD PURSUED THEIR MORE THAN TWENTY FIVE (25) YEARS QUEST FOR JUSTICE AS INNOCENT MEN, AND HAD HONESTLY MAINTAINED THAT THEIR RESORT TO REVERSE, SET ASIDE AND/OR ANNUL, IS IN LINE WITH JURISPRUDENCE AND LAW, ANY TECHNICAL SHORTFALLS [OR] DEFECTS NOTWITHSTANDING[;]
2. WITH ALL DUE RESPECT, AGAIN IN LIGHT OF APPLICABLE JURISPRUDENCE ON THE ISSUE OF JURISDICTION, PETITIONERS ARE NOT BARRED FROM RAISING SUCH QUESTION OF JURISDICTION AT ANY TIME AND IN FACT MAINTAIN THAT RESPONDNET COURTS HAD NO JURISDICTION IN LAW AND ENLIGHTENING DOCTRINES TO TRY AND DECIDE THIS CASE;
3. AGAIN WITH ALL DUE RESPECT AND UNFORTUNATELY, THE VERY JUSTIFYING MERITS OF PETITIONERS' APPROPRIATE INSTANT REMEDY; HAD NOT CONSEQUENTLY BEEN PASSED UPON, TO UPHOLD THE PARAMOUNT CONSTITUTIONAL CHERISED MANDATE, "THE PRESUMPTION OF INNOCENCE MUST BE UPHELD, EXCEPT ONLY UPON ESTABLISHED AND ADMISSIBLE EVIDENCE BEYOND REASONABLE DOUBT; AND
4. PETITIONERS VERY HUMBLY BESEECH THIS HONORABLE COURT'S HIGHEST SENSE OF MAGNANIMITY, UNDERSTANDING, JUDICIOUS WISDOM AND COMPASSION, SO THAT JUSTICE MAY TRULY AND JUSTLY BE RENDERED IN FAVOR OF PETITIONERS AS IT MUST, GIVEN THE VERY UNIQUE AND COMPELLING JUSTIFICATIONS HEREOF[.]5
ART. 316. Other forms of swindling. - The penalty of arresto mayor in its minimum and medium periods and a fine of not less than the value of the damage caused and not more than three times such value, shall be imposed upon:x x x
2. Any person who, knowing that real property is encumbered, shall dispose of the same, although such encumbrance be not recorded;
x x x
- that the thing disposed of be real property;
- that the offender knew that the real property was encumbered,
whether the encumbrance is recorded or not;- that there must be express representation by the offender that the real property is free from encumbrance; and
- that the act of disposing of the real property be made to the damage of another.11
Endnotes:
* Designated member vice Associate Justice Consuelo Ynares-Santiago [ret.]
1 Rollo, pp. 492-498.
2 Id. at 493-494.
3 G.R. No. 159222, June 26, 2007, 525 SCRA 623.
4 Rollo, pp. 504-526.
5 Id. at 506.
6 See Lastimoso v. Asayo, G.R. No. 154243, December 4, 2007, 539 SCRA 381, 385.
7 Tanenglian v. Lorenzo, G.R. No. 173415, March 28, 2008, 550 SCRA 348, 368 citing Vallejo v. Court of Appeals, 471 Phil. 670, 684 (2004).
8 Rollo, p. 189.
9 Supra note 3.
10 People v. Limpangog, 444 Phil. 691, 693 (2003).
11 Naya v. Spouses Abing, 446 Phil. 484, 494 (2003) citing Reyes, Revised Penal Code, 1981 ed., Book II, p. 786.
12 Rollo, p. 547.
13 Reyes, Revised Penal Code, Book II, 1998 revised ed., p. 803 citing People v. Mariano, CA, 40 O.G., Supp. 4, 91.