Title
Brocka vs. Enrile
Case
G.R. No. 69863-65
Decision Date
Dec 10, 1990
Petitioners, including Lino Brocka, arrested after a jeepney strike protest, faced Illegal Assembly and Inciting to Sedition charges. SC ruled prosecution unlawful due to bad faith, harassment, and double jeopardy, permanently enjoining sedition charges.

Case Digest (G.R. No. 69863-65)
Expanded Legal Reasoning Model

Facts:

  • Petition and Relief Sought
    • Original petition filed on February 13, 1985 for habeas corpus and to enjoin the City Fiscal of Quezon City from investigating “Inciting to Sedition” charges against Lino Brocka, et al.
    • Supplemental petition filed on February 19, 1985 to implead the Presiding Judge and to enjoin prosecution of Criminal Cases Nos. Q-38023, Q-38024, and Q-38025, including issuance of arrest warrants and arraignment.
  • Arrest, Initial Charges, and Bail
    • Petitioners arrested on January 28, 1985 after violent dispersal of a demonstration supporting the ACTO jeepney strike; charged with Illegal Assembly in Criminal Cases Nos. 37783, 37787, and 37788 before RTC Branch 108, Quezon City.
    • All petitioners except Brocka, et al. released on bail of ₱3,000; Brocka, et al. denied bail as alleged leaders. RTC ordered provisional release on February 9, 1985, but respondents invoked a Preventive Detention Action (PDA) allegedly issued January 28, 1985, which was never produced.
  • Second Round of Charges and Release
    • On February 11, 1985, despite no notice to counsel, new informations for Inciting to Sedition (Art. 142, RPC) were filed as Criminal Cases Nos. Q-38023 to Q-38025, recommending no bail. The preliminary investigation was alleged to be a sham.
    • Petitioners released provisionally on February 14, 1985 by order of President Marcos; habeas corpus issue rendered moot, leaving only the legality of enjoining sedition prosecution.
  • Allegations of Bad Faith and Multiplicity
    • Petitioners claimed state actors colluded to split a single act into two offenses to avoid bail and subject them to continued detention.
    • Alleged violations: failure to produce PDA, denial of counsel’s request for time to confer, hasty filing of sedition charges based on same utterances used in illegal assembly cases, and persecution rather than legitimate prosecution.

Issues:

  • Whether the criminal prosecution for Inciting to Sedition may be lawfully enjoined by injunction.
  • Whether the sedition charges constitute double jeopardy or improper splitting of a single act into two offenses.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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