Case Digest (G.R. No. L-68288)
Facts:
On June 26, 1954, Dr. Antonio Nubia filed a verified complaint before the City Attorney of Quezon City against Emilio Suntay y Aguinaldo, alleging that on or about June 21 he lured and carried away his 16-year-old daughter Alicia from St. Paul’s College and had carnal knowledge of her near the U.P. Diliman campus. Following a preliminary investigation, an Assistant City Attorney recommended dismissal on December 15, 1954, but the complainant’s counsel objected on December 23 and urged the filing of a seduction charge. On January 10, 1955, Aguinaldo obtained Passport No. 5981 from the Department of Foreign Affairs and departed for San Francisco on January 20. Meanwhile, on January 31 the offended party executed a complaint for seduction, and on February 9 the private prosecutor moved the Court of First Instance of Quezon City to direct the National Bureau of Investigation and the Department of Foreign Affairs to bring the accused back for trial. The trial court granted this motioCase Digest (G.R. No. L-68288)
Facts:
- Petition and challenged order
- Emilio Suntay y Aguinaldo (“petitioner”) files a petition for a writ of certiorari and prohibition to annul:
- An order of the Court of First Instance (CFI) of Quezon City directing the National Bureau of Investigation (NBI) and the Department of Foreign Affairs (DFA) to take proper steps to bring him back from the United States to answer criminal charges.
- Any attempt by the Secretary of Foreign Affairs to cancel his Philippine passport without previous hearing.
- Respondents are the People of the Philippines, Judge Nicasio Yatco of the CFI, and Secretary Carlos P. Garcia of DFA.
- Criminal complaint and procedural history
- June 21, 1954: Alicia Nubia (16 years old) allegedly seduced by petitioner; 26 June 1954: complaint filed by her father, Dr. Antonio Nubia, in Quezon City.
- 15 December 1954: Assistant City Attorney recommends dismissal for lack of merit; 23 December 1954: complainant’s counsel objects and urges filing for seduction.
- 10 January 1955: Petitioner obtains Philippine passport (No. 5981) and departs for San Francisco on 20 January 1955.
- 31 January 1955: Preliminary investigation conducted; complaint for seduction filed in CFI (Crim. Case No. Q-1E96).
- 9 February 1955: Private prosecutor moves CFI to order NBI and DFA to secure petitioner’s return; 10 February 1955: CFI grants motion.
- 7 March 1955: Secretary Garcia instructs the Philippine Embassy in Washington and the Consul General in San Francisco to cancel petitioner’s passport and compel his return.
Issues:
- Whether the CFI exceeded its jurisdiction in directing the DFA (and NBI) to take steps—potentially including passport cancellation—to compel petitioner’s return.
- Whether the cancellation or withdrawal of petitioner’s passport by the Secretary of Foreign Affairs without a prior hearing violated the constitutional guarantee of due process.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)