Title
Source: Supreme Court
IN RE: Abellana vs. Paredes
Case
G.R. No. 232006
Decision Date
Jul 10, 2019
Petitioner convicted under RA 9165 sought habeas corpus, alleging due process and counsel rights violations; SC denied, citing procedural lapses and finality of judgment.

Case Digest (G.R. No. 232006)
Expanded Legal Reasoning Model

Facts:

  • Parties and Charges
    • Petitioner Michael Labrador Abellana, detained at New Bilibid Prisons, Muntinlupa City.
    • Charged with:
      • Violation of Section 11, Article II, RA 9165 (possession of 6.89 g “shabu”).
      • Violation of Section 12, Article II, RA 9165 (possession of drug paraphernalia).
  • Search, Seizure, and Evidence
    • May 26, 2008 – RTC Branch 13, Cebu City issues search warrant; police identify themselves; in petitioner’s front-pocket found:
      • One sealed plastic pack of crystalline substance (marked SW-MAB-01).
      • Paraphernalia: scissors, lighters, improvised clip, tinfoil, burner, empty packs, funnel.
    • Qualitative re-weighing reduces seized shabu to 4.4562 g.
  • Trial Court Proceedings
    • Plea of not guilty; Motion to Quash Search Warrant denied (Sept 15, 2006).
    • Pre-trial; petitioner first represented by Atty. Dario Rama, Jr.; later by Atty. Raul Albura (Entry of Appearance Dec 3, 2008).
    • Petitioner granted bail (April 4, 2008).
    • Prosecution rests; petitioner’s demurrer to evidence denied.
    • April 30, 2009 – case submitted for decision for failure of petitioner/counsel to appear at defense evidence hearing.
    • July 29, 2009 – RTC promulgates May 11, 2009 Decision convicting petitioner:
      • 12 years+1 day to 15 years imprisonment + ₱300,000 fine (Sec 11).
      • 6 months+1 day to 4 years imprisonment + ₱10,000 fine (Sec 12).
  • Post-Decision Motions and Appeals
    • Aug 13, 2009 – Motion for New Trial/Reconsideration; denied Dec 28, 2009 for failure to appear at promulgation without justifiable cause (Rule 120, Sec 6).
    • Feb 10, 2010 – petitioner arrested after fugitive status; Atty. Albura withdraws.
    • Aug 16, 2010 – Petition for Relief from Judgment filed; denied (untimely, improper remedy).
    • CA certiorari petition dismissed Feb 17, 2012; resolution became final Mar 16, 2012.
    • June 20, 2017 – petitioner files petition for writ of habeas corpus before the Supreme Court alleging deprivation of due process and competent counsel.

Issues:

  • Whether the writ of habeas corpus may be granted as a post-conviction remedy to assail a valid judgment.
  • Whether petitioner was deprived of:
    • His constitutional right to due process.
    • His constitutional right to competent counsel.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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