Case Digest (G.R. No. 276682)
Case Digest (G.R. No. 276682)
Facts:
Renato Guevarra y Robles v. Honorable Court of Appeals and People of the Philippines, G.R. No. 276682, February 10, 2025, the Supreme Court Second Division, Kho, Jr., J., writing for the Court. Petitioner Renato Guevarra y Robles was a candidate for councilor of Butuan City in the May 9, 2016 elections and was charged by Information (dated January 7, 2019) with violating Section 34 of COMELEC Resolution No. 10049, in relation to Section 13 (and the Court’s opinion cites Section 6.6) of Republic Act No. 9006 and Section 264 of Batas Pambansa Blg. 881, for allegedly using his radio program to engage in partisan political activity on April 12 and April 23, 2016.At arraignment Guevarra pleaded not guilty. The prosecution presented audio recordings and witnesses who were campaign workers for another candidate; the recordings allegedly showed Guevarra promoting his candidacy and vilifying incumbent Congressman Laurence Lemuel A. Fortun. Guevarra denied the accusation, presenting a resignation letter he claimed he had sent to Radyo Trumpeta’s acting manager, Elmer Maboloc, asserting that since 2012 he had resigned as commentator and only guested on the April 2016 broadcasts. Witnesses included Maboloc and fellow commentator Amihan J. Bayer, who supported Guevarra’s contention that he was a guest; a rebuttal witness, however, identified Guevarra as the program’s anchorman and a block-timer consistently critical of the mayor.
Branch 33 of the Regional Trial Court (Butuan City) convicted Guevarra in a Decision dated January 20, 2023, finding him guilty beyond reasonable doubt of violating Section 34 of COMELEC Resolution No. 10049 (in relation to RA 9006 and BP Blg. 881) and sentenced him to one year imprisonment. The RTC relied on the recordings and on its observation that Guevarra directed the program, introduced guests, and spoke for most of the broadcast, concluding he actively practiced his media profession during the campaign period.
Guevarra appealed to the Court of Appeals (CA-G.R. CR No. 02428-MIN). In a Decision dated January 18, 2024 the CA, Twenty-First Division (Badelles, Mordeno, Jaugan-Lo), affirmed the RTC in toto, finding the broadcasts occurred on the dates alleged, that Guevarra steered the program as anchorman and commentator, and that he used airtime to favor certain candidates and parties. Guevarra filed a motion for reconsideration, which the CA denied in a Resolution dated March 25, 2024.
On March 5, 2024 Guevarra informed the CA by letter that he had severed attorney-client relations with his counsel, Atty. Cyril Francis S. Casino, and furnished a new address in Butuan City. Although the CA noted the letter and Guevarra’s new address in its March 25, 2024 Resolution, the CA transmitted the Resolution to Guevarra’s old Cavite address and to Atty. Casino. By the time Guevarra in Butuan received the Resolution, the period to file a petition for review with the Supreme Court had lapsed and an Entry of Judgment was entered on August 16, 2024.
Guevarra filed the present Petition for Certiorari with application for a Temporary Restraining Order and/or Writ of Preliminary Injunction, alleging grave abuse of discretion by the CA for failing to send its Resolution to his proper address and contending the RTC and CA erred in convicting him because he had resigned as a commentator and, in any event, his conduct did not violate Section 34. The Supreme Court resolved the case by denying the petition and upholding the CA and RTC rulings.
Issues:
- Did the Court of Appeals commit grave abuse of discretion by sending its March 25, 2024 Resolution to petitioner’s former address and counsel of record, thereby invalidating the Entry of Judgment?
- Did the Regional Trial Court and the Court of Appeals err when they convicted petitioner under Section 34 of COMELEC Resolution No. 10049 (in relation to RA No. 9006 and BP Blg. 881) for practicing his media profession during the campaign period?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)