Case Summary (G.R. No. 145425)
Applicable Law
The case primarily revolves around the Revised Penal Code of the Philippines, specifically Article 177 regarding usurpation of authority, and pertinent provisions of the Anti-Graft and Corrupt Practices Act (Republic Act No. 3019).
Background of the Case
Salvador K. Moll was elected vice-mayor of Malinao, Albay, in 1989. He entered into a memorandum of agreement with Ysmael Zepeda for the local government, authorizing Zepeda to handle the catching and sale of bangus. The duly elected Mayor, Misericordia Clavecilla, challenged Moll’s authority to enter this agreement, asserting that it was beyond his jurisdiction, leading to the mayor filing criminal charges against him.
Criminal Charges and Initial Conviction
Moll was initially charged with violating Section 3 (e) of Republic Act No. 3019 by the Regional Trial Court of Tabaco. He was subsequently convicted for usurpation of authority under Article 177 of the Revised Penal Code in Criminal Case No. 4088 by Judge Samuel Buendia on March 29, 1999. Several delays occurred in the promulgation of the judgment due to the absence of Moll and his counsel from scheduled court dates.
Procedural History and Motions Filed
After failed promulgation attempts on April 21 and May 5, 1999, Moll filed a motion to quash based on double jeopardy, which was set for hearing on May 11. The motion was denied, and judgement was promulgated despite Moll's absence and objections. Moll subsequently filed a petition for certiorari under Rule 65 with the Regional Trial Court, which was dismissed for insufficient form and substance. His appeal to the Court of Appeals (CA-GR No. 44511) was similarly denied for lack of merit.
Response from the Court of Appeals
The Court of Appeals found that Moll had not been denied due process, emphasizing that it was his repeated failure to attend scheduled court dates that led to the proceedings moving forward. The appellate court upheld the trial court’s decisions and noted that Moll's arguments did not demonstrate any denial of the right to be heard.
Further Appeals and Final Resolutions
Moll filed petitions for review at the Supreme Court, contesting the validity of the judgment's promulgation and claiming that his period for appeal had not commenced. These petitions were denied on procedural grounds, stating his failure to meet necessary requirements like timely filing and payment of fe
...continue readingCase Syllabus (G.R. No. 145425)
Case Background
- The case involves Salvador K. Moll, who was elected as vice-mayor of the Municipality of Malinao, Albay in 1989.
- In April 1989, Moll entered into a contract with Ysmael Zepeda on behalf of the local government, granting Zepeda authority to administer the catching and sale of bangus in the coastal waters of Malinao.
- The elected mayor at the time, Misericordia Clavecilla, opposed this contract, claiming that Moll and the Sangguniang Bayan lacked the authority to enter such agreements.
- Consequently, Clavecilla filed criminal charges against Moll.
Criminal Charges and Convictions
- Moll was charged and convicted by the Regional Trial Court of Tabaco, Albay, for violating Section 3(e) of Republic Act No. 3019. This case remains under appeal at the Sandiganbayan.
- Additionally, he was charged and convicted in Criminal Case No. 4088 for usurpation of authority under Article 177 of the Revised Penal Code by the Municipal Circuit Trial Court of Tiwi-Malinao, with judgment rendered on March 29, 1999.
Promulgation of Judgment
- The initial promulgation of judgment was set for April 21, 1999, but was postponed, rescheduled for May 5, 1999, due to Moll and his counsel's absence.
- On May 4, 1999, Moll filed a motion to quash based on claims of double jeopardy, setting the hearing for May 11, 1999.
- During the proceedings on May 11, after arguments on the motion to quash, the judge denied the motion and proceeded with the promulgation.
Denial of Due Process Claims
- Moll's counsel objected to the promulgation, asserting it was unl