G.R. No. L-1123 - Mabanag vs. Vito

Parties and Petition
Petitioner Jovito R. Salonga, former Senator and opposition figure, filed a petition for certiorari seeking to prohibit respondents—Hon. Ernani Cruz Pano and Hon. Rodolfo Ortiz (Presiding Judges, CFI Rizal Branches XVIII & XXXI), City Fiscal Sergio Apostol, Col. Balbino Diego, and Col. Roman Madella—from proceeding with a subversion prosecution, alleging lack of a prima facie case and violation of his constitutional right to due process.
Salonga contends that he is being harassed, oppressed, and persecuted for his political activities and that the filing of an information for subversion lacks any factual basis.

Metro Manila Bombings and Victor Lovely’s Allegations
Between August and October 1980, a series of bombings occurred in Metro Manila. On September 6, Victor Burns Lovely, Jr. was severely injured by an explosive device in his YMCA room; thereafter he was detained by NISA and charged with subversion, illegal possession of explosives, and property damage.
Authorities found photos of Salonga and his wife at Raul Daza’s Los Angeles birthday party in Lovely’s possession. At a presidential press conference on September 20, Lovely’s brother Romeo claimed Victor had visited Salonga’s Greenhills residence on August 20 and August 31, 1980, linking Salonga to the bombings.

Salonga’s Arrest, Detention, and Preliminary Investigation
On October 21, 1980, Salonga—hospitalized for bronchial asthma—was arrested in his hospital room without being informed of the charges; counsel was initially barred from visiting him until this Court’s intervention. He was later transferred to Fort Bonifacio, then released to house arrest on November 27, 1980, still without formal charges or evidence.
A “Notice of Preliminary Investigation” issued December 10, 1980, in People v. Aquino, Jr., et al., included Salonga among the accused; no evidence or copies of the charge sheet were furnished until after martial law was lifted. On February 24, 1981, the City Fiscal filed a complaint charging Salonga under the Anti-Subversion Act (RA 1700 as amended) and related laws. After hearings, Salonga moved to dismiss for lack of prima facie case (filed October 15, 1981); this was denied December 2, 1981, and an information was ordered filed January 4, 1982.

Procedural Issue
Whether an interlocutory denial of a motion to dismiss or quash in a criminal case may be assailed by a petition for certiorari, given the general rule against challenging interlocutory orders.
Whether exceptions (e.g., preventing harassment and protecting due process) justify certiorari to review the denial of Salonga’s motion to dismiss.

Substantive Issue
Whether the prosecution established a prima facie case of subversion against Salonga at the preliminary investigation.
Whether the evidence—hearsay statements, group photographs, and the “contact point” theory—suffices to overcome the presumption of innocence and warrant the filing of an information.