Title
Cabigao vs. Sandiganbayan
Case
G.R. No. L-69422
Decision Date
May 29, 1987
Petitioners convicted of murder and related charges challenged trial fairness due to procedural irregularities, newly discovered evidence, and unequal prosecution. Supreme Court granted new trial.
murder
conviction
reversal

Case Summary (G.R. No. L-69422)

Procedural History and Penalties Imposed

The Sandiganbayan rendered its judgment of conviction on October 10, 1984. Each petitioner was sentenced to suffer reclusion perpetua with the accessory penalties attached. The Sandiganbayan ordered them to indemnify jointly and severally the heirs of the deceased victim in the amount of P30,000.00, and the other victims in the amount of P5,000.00 each, plus actual damages and costs of the suit.

After conviction, petitioners filed a motion for reconsideration, which the Sandiganbayan denied in a resolution dated December 10, 1984. Petitioners obtained an extension of time to file their petition for review, granted on January 8, 1985, following a motion dated December 24, 1984. On January 11, 1985, petitioners filed with the Sandiganbayan a motion for new trial, invoking: (a) newly discovered evidence under Section 2(b), Rule 121 of the Rules of Court, and (b) denial of procedural due process. The motion was denied on January 31, 1985 for lack of jurisdiction.

The Related Certiorari Petition and the Suspension Manifestation

On January 21, 1985, petitioners filed a petition for certiorari docketed as G.R. No. 69960, assailing the resolution denying their motion for new trial. While awaiting resolution of that certiorari petition, petitioners filed on February 21, 1985 with the Supreme Court a manifestation seeking suspension of the period for filing their petition for review in G.R. No. 69422 until the final resolution of the pending certiorari, on the theory that prejudicial questions had been raised that bore directly on the petition for review.

On April 30, 1985, the Supreme Court denied the certiorari petition in G.R. No. 69960. On June 4, 1985, the Court denied the subsequent motion for reconsideration. Petitioners then filed their petition for review on July 1, 1985, and later supplemented it on November 19, 1985. They also filed, on November 7, 1985, a motion for new trial in the Supreme Court proceeding, which the Court then resolved.

Assignments of Error and the Core Issue Framed by the Court

In their brief, petitioners advanced multiple assignments of error, including: (I) error in denying their motion for new trial; (II) error in the Sandiganbayan’s taking cognizance and sentencing them to reclusion perpetua allegedly in a manner that deprived them of equal protection; and (III) error in allowing the “constant and successive changing” of the composition of the Sandiganbayan’s Second Division during the trial, allegedly violating Section 3, Rule VIII of the Sandiganbayan Rules and Section 3, paragraph 2 of P.D. No. 1606, rendering the decision null and void. The remaining assignments involved questions of fact, which the Court considered not ripe to address depending on its ruling on the new trial issue.

The Supreme Court treated as the main thrust of the assigned errors the question whether, under the circumstances, a new trial was warranted. The Court also noted that the Sandiganbayan itself had not ruled on the merits of the motion for new trial; its denial was grounded on the asserted lack of jurisdiction.

Sandiganbayan’s Jurisdiction Ruling on the New Trial Motion

The Sandiganbayan’s ruling rested on a procedural timing point. The Court observed that petitioners’ motion for new trial was filed after the judgment had been promulgated but before it became final and executory, and that it was filed with the Sandiganbayan after petitioners had already filed a request for extension of time to file a petition for review with the Supreme Court, which had been granted. The Sandiganbayan held that because the Supreme Court had already assumed jurisdiction when the extension was granted, the Sandiganbayan had lost jurisdiction and could no longer act on the motion for new trial.

The Supreme Court held that the Sandiganbayan had not acted with grave abuse of discretion in declining to act, particularly because petitioners had already stated that they would raise the matter before the Supreme Court and because the Court had already granted the extension.

The “Rigodon de Juezes” Argument and the Composition Changes in the Division

Petitioners argued that the trial before the Sandiganbayan had been irregular because of the frequent substitution of justices in the Second Division during the hearing of their criminal case. The Court detailed the personnel changes shown by the record. Initially, Justice Romeo M. Escareal served as Chairman with Justices Moises Kallos and Ramon V. Jabson as members. Justice Kallos was substituted in the periods March 11 and 16 and May 12 and 13 by Justice Conrado M. Molina. From August to September 1982, Justice Kallos returned, while Justice Francisco J. Consolacion replaced Justice Jabson. On October 25 of that year, Justice Jabson was present, but Justice Kallos was absent; Justice Romulo S. Quimbo sat in to complete the division.

From February to December 1983, the case was tried by Justices Escareal, Kallos, and Consolacion. In early 1984, the division’s members were substituted again by Justices Consolacion and Quimbo in place of earlier members. From February 21 to April 1984, Justice Jabson replaced Justice Consolacion. In September 1984, Justices Escareal, Molina, and Jabson sat in. When the decision was finally promulgated on October 10, 1984, it was signed by Justices Escareal, Jabson, and Quimbo.

While petitioners characterized the process as a “rigodon de Juezes,” the Court acknowledged that Justice Escareal consistently acted as Chairman throughout the proceedings. The Solicitor General contended that the frequent changes deprived all accused of their inherent right to have the same three justices hear and decide the case as much as possible, stressing that fact appreciation in the Sandiganbayan is especially sensitive because the procedure does not admit of an intermediate appeal to the Court of Appeals and because decisions of the Sandiganbayan are reviewed only by the Supreme Court with limited review of factual findings.

General Rule on Changes in Tribunal Composition, and the Court’s Recognition of Special Circumstances

The Supreme Court reaffirmed the general rule that changes in the membership of a court during trial or consideration do not, by themselves, warrant a new trial. It also noted the principle that even if the judge who heard the testimony is promoted, retired, transferred, or removed, it does not follow that the judge who replaces him cannot validly render judgment based on the evidence already adduced. Likewise, in a collegiate court context, changes in membership do not automatically preclude incumbent judges, after a case is submitted for decision, from considering evidence they did not personally hear.

However, the Court found special circumstances persuasive. It reasoned that when a trial court’s decision in a criminal case is elevated directly to the Supreme Court, appellate review of factual matters is restricted. It also referred to the earlier resolution of due process concerns relating to the absence of intermediate appeal in Nunez v. Sandiganbayan and stated that it would not reopen that doctrine. Nonetheless, the Court emphasized that the discussion in Nunez and its dissenting views reflected the need for careful fairness in Sandiganbayan procedure.

The Court considered the constitutional context significant: it characterized the Constitution as unusually concerned with problems of inefficiency, graft, corruption, and irresponsibility in public office. For that reason, the Court held that it was not enough to avoid irregularities; the process had to avoid even the slightest taint of unfairness.

Statutory and Procedural Framework on Quorum and Temporary Disability

The Supreme Court then addressed the legal theory that petitioners implicitly advanced, regarding the manner of filling vacancies in Sandiganbayan divisions. It discussed Section 3(2) of P.D. No. 1486, as amended by P.D. No. 1606 and P.D. No. 1629, providing for quorum requirements and authorizing the President, upon recommendation of the presiding justice, to designate a justice or judge temporarily when a required quorum cannot be had due to legal disqualification or temporary disability or a vacancy in the division.

It also considered the Sandiganbayan rules implementing the quorum provision, which similarly provided for temporary designation when quorum or required votes could not be obtained. The Court held that under the governing provisions, presidential designation became necessary only when no member available in another division could make up quorum. It rejected the petitioners’ implied view that presidential designation must occur every time a temporary vacancy arose from illness, inhibition, travel, or similar causes, reasoning that frequent presidential action for short absences would be impractical and not contemplated by law.

At the same time, the Court recognized that the “too frequent rotation” of justices hearing the particular case bordered on unfairness. It suggested that the Sandiganbayan should devise a better system to ensure that, as much as possible, the same justices who hear a case also decide it.

Grant of New Trial Based on Newly Discovered Evidence and Additional Serious Allegations

The Supreme Court ultimately agreed with the Solicitor General that a new trial was warranted. It anchored the grant not only on the motion for new trial’s invocation of newly discovered evidence but also on “serious allegations” in the petition requiring more thorough examination.

First, it noted allegations that the Philippine Constabulary soldiers who led the team looking for NPA Kumander Marcelo Garcia and who fired at the group of Teofilo Payumo, Sr. were never tried. Yet, according to the petition, the policemen who allegedly obeyed orders, c

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