Case Digest (G.R. No. 128055)
Facts:
In Defensor-Santiago vs. Garchitorena, G.R. No. 109266, decided December 2, 1993, petitioner Miriam Defensor Santiago was charged on May 1, 1991 in Sandiganbayan Criminal Case No. 16698 with violation of Section 3(e) of R.A. No. 3019 (Anti-Graft and Corrupt Practices Act), allegedly for having “favored unqualified aliens” under the Alien Legalization Program contrary to Executive Order No. 324. While her petition for certiorari to enjoin the Sandiganbayan (G.R. Nos. 99289-90, dismissed January 13, 1992) was pending, she filed on October 16, 1992 a motion for the inhibition of Presiding Justice Francis Garchitorena, set for hearing on November 13. The Sandiganbayan scheduled her arraignment on the same date and denied her motion to defer, prompting her to seek a bill of particulars for the identities of the alleged aliens. By order of this Court on November 12, 1992, the arraignment was reset and the Sandiganbayan directed to resolve the disqualification motion and the bill of paCase Digest (G.R. No. 128055)
Facts:
- Background of the case
- On May 1, 1991, petitioner Miriam Defensor Santiago, former Commissioner of the Commission on Immigration and Deportation, was charged in Sandiganbayan Criminal Case No. 16698 for violation of Section 3(e), R.A. No. 3019 (Anti-Graft Act) by allegedly approving “unqualified” aliens under the Alien Legalization Program.
- On May 24, 1991, petitioner sought certiorari and prohibition in G.R. Nos. 99289-99290 (Santiago v. Vasquez, 205 SCRA 162), claiming harassment during her presidential campaign; petition dismissed January 13, 1992.
- Proceedings in the Sandiganbayan
- October 16, 1992: Petitioner moved to inhibit Presiding Justice Francis Garchitorena; hearing set for November 13, 1992 at 8:00 A.M.
- October 27, 1992: Sandiganbayan set arraignment for November 13, 1992 at 8:00 A.M.; November 6: petitioner moved to defer due to pending inhibition and planned bill of particulars; November 9: motion denied.
- November 10, 1992: Petitioner filed bill of particulars seeking list of the “favored aliens”; at the November 13 hearing, prosecution pledged to file a single amended information.
- Amended Informations and interim reliefs
- December 8, 1992: Prosecution filed a motion to admit thirty-two (32) Amended Informations (Criminal Cases Nos. 18371–18402).
- March 3, 1993: Presiding Justice Garchitorena issued a resolution (dated March 11, 1993) denying his disqualification.
- March 14, 1993: Sandiganbayan admitted the 32 Amended Informations, ordered petitioner to post bail, and set arraignment for April 12, 1993.
- March 25, 1993: Supreme Court issued a temporary restraining order enjoining Justice Garchitorena from further participation in the case, enforcing bail or proceeding with the arraignment until his disqualification was finally resolved.
Issues:
- Disqualification
- Whether Presiding Justice Garchitorena’s publicly published letter “prejudged” the case and warranted his inhibition.
- Due process
- Whether the nearly three-year interval between the alleged offense (on or about October 17, 1988) and the filing of information (May 9, 1991; amended December 8, 1992) violated petitioner’s right to due process.
- Sufficiency of the Amended Informations
- Whether the 32 Amended Informations properly charged an offense under Section 3(e) of R.A. No. 3019 or were subject to a motion to quash.
- Splitting of charges
- Whether filing thirty-two separate Amended Informations when only one crime (delito continuado) had been committed was improper and violated the rule against multiplicity of charges.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)