G.R. No. L-27683 - People vs. Liwanag

The accused, Silvestre Liwanag alias Linda Bie, initially joined the patriotic resistance during the Japanese occupation in June 1942 by aligning himself with the Hukbo ng Bayan Laban sa Hapon, popularly known as the Hukbalahap.
He held a commanding role in Squadron 18-E in Lubao, Pampanga and was later promoted to military inspector, serving until the organization’s disbandment at liberation.
Prior to the 1946 national elections, the Hukbalahap was revived, and the accused was designated as the provincial commander for Pampanga and subsequently as vice commander of the Central Luzon Regional Command (CLRC).

In 1948, during a conference in the mountains of Norzagaray, Bulacan, the Communist Party of the Philippines (CPP) organized a meeting attended by key figures including Luis Taruc and others, whereby the accused was nominated to the Central Committee, the governing body of the Party.
The accused’s membership in the CPP flowed into his continued association with the Hukbong Mapagpalaya ng Bayan (HMB), where he served in various capacities—initially as a supervisor and adviser to Squadron 18 of Field Command 25 in Bataan until early 1956, and later as chief of the RECO Military Department (RMD) of RECO 2 (covering Tarlac, Pampanga, Zambales, and Bataan) from late 1956 until March 1958.

The accused planned and executed several operations, including the capture of Orani, Bataan in 1949 and Camp Makabolos in Tarlac on August 26, 1950, under orders from his superior.
In February 1958, a confrontation occurred in Magalang, Pampanga between his HMB forces and Government forces, resulting in casualties on both sides, and prompting the accused’s strategic retreat to Telabastagan, San Fernando, Pampanga, then ultimately back to Bataan.
Even while on leave for health reasons, the accused’s counsel continued to consult his advice, reflecting his ongoing influence within the organization.

On the evening of June 21, 1960, a PC patrol led by Major Wilfredo Encarnacion captured the accused along with his wife, Rosita Manuel, at their hideout in Barrio Kalungusan, Orion, Bataan.
Subsequently, he was charged with violating Republic Act No. 1700 (the Anti-Subversion Act) for having wilfully continued in his role as an officer and/or ranking leader of the outlawed CPP and HMB without renouncing his membership within the specified period.
A preliminary investigation was conducted by the Court of First Instance of Bataan, where the accused was present and his counsel actively cross-examined the witnesses. The evidence gathered during this investigation was later proposed for adoption at trial, subject to further cross-examination.

At trial, after waiving the reading of the information, the accused entered a plea of not guilty and sought, through a motion to quash, the dismissal of the case on grounds including double jeopardy and the alleged use of an ex post facto law.
The trial court denied the motion to quash and proceeded with the trial, recalling witnesses from the preliminary investigation for rigorous cross-examination and admitting additional witnesses to bolster the prosecution’s case.
The accused’s testimony revealed admissions of his long-term membership and leadership in the Communist-affiliated organizations, as well as acknowledgment of armed clashes against government forces on multiple occasions.

Whether the admission of testimony from the preliminary investigation—taken in the presence of the accused and his counsel—violated his constitutional right to face and cross-examine witnesses against him.

Whether the conviction under Republic Act No. 1700 was valid given the alleged failure to comply with the “two-witness” requirement for the overt acts constituting the offense, particularly on the same overt act.

Whether the accused’s prior conviction for rebellion, based on the same or similar overt acts, precluded his prosecution and conviction for subversion under Republic Act No. 1700.

Whether the decision should have been promulgated by the Court of First Instance of Rizal, Quezon City Branch (or by Judge Pedro Navarro), given where the accused was detained, as opposed to the Court of First Instance of Bataan and the involvement of Judge Tito V. Tizon.