Title
IN RE: Abellana vs. Paredes
Case
G.R. No. 232006
Decision Date
Jul 10, 2019
Petitioner convicted under RA 9165 sought habeas corpus, alleging due process and counsel rights violations; SC denied, citing procedural lapses and finality of judgment.
writ of habeas corpus
due process
competent counsel
A

Case Summary (G.R. No. 232006)

Applicable Law and Constitutional Basis

Primary statutes and rules invoked: R.A. No. 9165 (Sections 11 and 12, Article II), Rules of Court — Rule 102 (writ of habeas corpus), Rule 120 Section 6 (promulgation of judgment), Rule 38 Section 3 (petition for relief from judgment). The petition raises alleged violations of constitutional rights to due process and to competent counsel under the 1987 Constitution (applicable because the decision date is after 1990).

Factual Background of Arrest and Seizure

A search warrant issued against petitioner resulted in a search of his residence where police claimed to have found a heat-sealed transparent plastic pack of white crystalline substance (marked SW‑MAB‑01) and implements and paraphernalia alleged to be for the use or repacking of shabu. Prosecutors filed two Informations charging possession of shabu (6.89 g alleged; later reweighing showed 4.4562 g) and possession of instruments for consumption of dangerous drugs.

Pretrial, Bail, and Defense Activity

Petitioner pleaded not guilty, moved to quash the search warrant (denied), and successfully obtained re‑examination and re‑weighing of the seized substance, leading to a grant of bail and temporary release on April 4, 2008. A demurrer to evidence was filed and denied after the prosecution rested. Petitioner was represented initially by Atty. Dario Rama, Jr.; Atty. Raul Albura later entered appearance on December 3, 2008.

Trial Proceedings, Failure to Present Defense, and Submission for Decision

The RTC ordered petitioner to present defense witnesses starting September 10, 2008; petitioner failed to present witnesses. On April 30, 2009 the case was submitted for decision for petitioner’s and counsel’s failure to appear at a scheduled hearing for initial presentation of defense evidence. Notice of promulgation of judgment was served and related proceedings ensued.

Promulgation, Conviction, and Sentence

The RTC promulgated a decision affirming guilt for violation of Section 11, Article II, R.A. 9165, sentencing petitioner to 12 years and one day to 15 years imprisonment and a fine of P300,000; for violation of Section 12, Article II, R.A. 9165, an additional term of six months and one day to four years and a fine of P10,000. Promulgation was set for July 29, 2009.

Motion for New Trial/Reconsideration and RTC Ruling on Loss of Remedies

Petitioner filed a Motion for New Trial or Reconsideration alleging lack of proper notice and ineffective assistance by counsel. The RTC found petitioner and his counsel had been notified (including notice via bonding company and counsel’s receipt of the promulgation notice), concluded petitioner’s failure to appear at promulgation was without justifiable cause, and applied Section 6, Rule 120 to find petitioner had lost the remedies available in the Rules of Court; the motion was denied and an arrest warrant issued.

Allegations Concerning Counsel and RTC Findings on Counsel Conduct

Petitioner alleged ineffective counsel and negligence by Atty. Albura (including failure to notify petitioner and deliberate nonappearance as protest). The RTC found prior counsel had diligently filed motions benefiting petitioner, that Atty. Albura had in fact received the promulgation notice and filed an Urgent Motion to Defer, and determined that counsel’s conduct did not amount to abandonment or such gross negligence as to deprive petitioner of due process.

Petition for Relief from Judgment and RTC Denial

A subsequent petition for relief from judgment filed by new counsel alleged deprivation of constitutional rights due to counsel negligence and lack of notice. The RTC denied the petition as an improper remedy in the circumstances, and alternatively found it untimely and without merit because petitioner allegedly knew or should have known of the judgment earlier, had filed timely motion for new trial (the exclusive remedy), and had delayed beyond Rule 38, Section 3 time limits.

Court of Appeals Resolution

The Court of Appeals dismissed petitioner’s certiorari petition, adopting RTC findings that petitioner had notice of hearings and promulgation, that remedies were lost by reason of nonappearance, and that the petition for relief was filed out of time; the CA resolution became final and executory on March 16, 2012.

Petition for Writ of Habeas Corpus to the Supreme Court

Petitioner filed a habeas corpus petition asserting deprivation of constitutional rights to due process and to competent counsel as a ground to treat the detention as unlawful and to avail the writ as a post‑conviction remedy. The Office of the Solicitor General opposed, arguing petitioner received opportunity to be heard, that petitioner and counsel’s negligence caused the predicament, and that finality and immutability of judgment precluded relief.

Legal Standard for Writ as Post‑Conviction Remedy

The Supreme Court reiterated that habeas corpus is an extraordinary, speedy remedy to test the legality of restraint and that it is not available to directly assail judgments rendered by courts with jurisdiction, except in exceptional circumstances: deprivation of a constitutional right sufficient to void the proceedings, lack of jurisdiction, or excessive penalty. The threshold is high; mere allegations of constitutional violations are insufficient unless they render the judgment a nullity.

Court’s Analysis on Due Process Claim

The Court emphasized that procedural due process guarantees a reasonable opportunity to be heard; the focus is on denial of opportunity, not merely lac

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