Case Summary (G.R. No. 131652)
Filing and Nature of the Information
An information for rape was filed December 5, 1996 in RTC Biñan, Laguna. It alleged that Mayor Alonte drugged and raped Punongbayan, and that Concepcion facilitated by bringing her to Alonte’s rest house for ₱1,000.
Petition for Change of Venue
Punongbayan petitioned December 13, 1996 to transfer trial to Manila, citing threats, harassment, and offers of bribe to abort the prosecution. While pending, she executed (June 25, 1997) an affidavit of desistance withdrawing her complaint to avoid further personal and family hardship.
State Prosecutor’s Opposition to Desistance
On June 28, 1997, counsel for petitioners moved to dismiss the venue petition as moot due to desistance. Assistant Chief State Prosecutor Guiyab opposed, asserting prosecutorial control over criminal actions and that private desistance had no legal effect.
Supreme Court Resolution Granting Venue Transfer
On September 2, 1997 the Supreme Court granted the venue change, acknowledging credible affidavits of intimidation and corruption attempts and ordering the new trial judge to determine the voluntariness and validity of Punongbayan’s desistance affidavit.
Trial Court Proceedings in Manila
After arraignment October 7, 1997 (both pleading not guilty, waiving pre‐trial), the trial judge heard testimony solely on the affidavit of desistance. Punongbayan, her parents, and a prosecutor‐witness confirmed her voluntary withdrawal. The State moved to dismiss and join petitioners in praying for bail.
Failure to Conduct Full Merits Trial or Resolve Bail
Between November and December 1997 petitioners repeatedly sought resolution of bail motions (with prosecutor’s concurrence), but the judge neither resolved bail nor conducted a merits trial in conformity with the prescribed order of trial under Rule 119.
Decision and Sentencing
On December 18, 1997 the court promulgated a decision (in absentia) finding both petitioners guilty beyond reasonable doubt of rape and sentencing them to reclusion perpetua (20 years + 1 day to 40 years). Bail posted by Concepcion was cancelled.
Petition for Certiorari and Main Grounds
Petitioners filed before the Supreme Court:
- Grave abuse of discretion and denial of due process for convicting without a proper trial on the merits.
- Violation of Rules 119–120 and the Revised Rules on Evidence by using and relying on affidavits not formally marked or cross‐examined.
- Erroneous dismissal of the legal effect of the complainant’s affidavit of desistance.
Supreme Court’s Due Process Analysis
The Court held that due process under the 1987 Constitution (Art. III, Secs. 1–2) requires strict adherence to (a) court’s jurisdiction; (b) proper trial order (Rule 119); (c) accused’s opportunity to be heard, confront witnesses, present evidence; and (d) formal admission of evidence. The proceedings below deviated seriously: no defense evidence was heard, no rebuttal, affidavits were not properly offered, and no chance to cross‐examine.
Treatment of Affidavit of Desistance in Private Crimes
Under Article 344 RPC, private crimes (including rape) require complaint by the offended party but do not recognize subsequent desistance as a ground for dismissal once the case is instituted. A desistance affidavit does not constitute a timely express pardon (which must predate filin
Case Syllabus (G.R. No. 131652)
Procedural Posture
- Two petitions filed separately: G.R. No. 131652 (Bayani M. Alonte) and G.R. No. 131728 (Buenaventura Concepcion), later consolidated for consideration.
- Both petitioners were charged by information with rape before RTC-Branch 25 in Biñan, Laguna (Crim. Case No. 9619-B).
- Private complainant sought a change of venue to RTC-Manila, which the Supreme Court granted on September 2, 1997.
- The case was raffled to RTC-Manila, Branch 53, presided by Judge Maximo A. Savellano, Jr.
- After arraignment, petitioners pleaded not guilty, waived pre-trial, and proceedings were held on the voluntariness of the complainant’s affidavit of desistance.
Facts and Allegations
- On or about September 12, 1996, in Sto. Tomas, Biñan, Laguna, then-Mayor Bayani Alonte allegedly gave 17-year-old Juvie-Lyn Punongbayan water that made her dizzy and raped her against her will.
- Buenaventura “Wella” Concepcion allegedly assisted by bringing the same minor to Alonte’s rest house, received ₱1,000, and left her there.
- The minor identified Alonte as her assailant, described physical injuries and non-consensual intercourse.
- The information invoked Article 335(2) (rape) in relation to Article 27 of the Revised Penal Code as amended by R.A. 7659.
Petition for Change of Venue
- On December 13, 1996, the private complainant, through the DOJ and private counsel, petitioned for transfer to Metro Manila RTC courts.
- Grounds cited: threats to life and safety of the minor, her family, private counsel, and witnesses; intense local political influence of the accused mayor.
- The Supreme Court granted transfer, noting affidavits with “specific names, dates, and methods being used to abort … prosecution … by coercion or corruption.”
Affidavit of Desistance and Bribery Allegations
- On June 25, 1997, Punongbayan executed an affidavit of desistance withdrawing her complaint, citing disruption of her college studies and her family’s life.
- Private prosecutor Atty. Remedios C. Balbin filed two separate affidavits (Feb. 24 & Mar. 26, 1997) alleging repeated bribe offers totaling ₱10 million, later doubled to ₱20 million, from emissaries of Mayor Alonte to induce desistance.
- Assistant Chief State Prosec