Title
People vs. Maceda
Case
G.R. No. 89591-96
Decision Date
Aug 13, 1990
Former Governor Evelio Javier's 1986 assassination led to murder charges against Avelino Javellana and others. Legal disputes arose over custody, bail, witness discharge, and contempt orders, with the Supreme Court ruling on judicial discretion and procedural errors.
murder case
confinement
hospital
A

Case Summary (Adm. Case No. 111)

Petitioner, Respondent Roles and Charges

The People charged Javellana and others with murder, frustrated murder and multiple counts of attempted murder arising from the assassination of Evelio Javier on 11 February 1986. Informations were filed and consolidated in RTC Branch 12, Antique (Criminal Cases Nos. 3350–3355). Of nineteen accused, six were in custody and tried; others, including Javellana, were at large until his arrest on 12 May 1989.

Key Dates

Killing of Evelio Javier: 11 February 1986. Affidavits implicating Javellana: assorted dates in 1986 (notably 16 June, 19 February, 7 March). Informations filed/dated: 13 October 1986; filed in court 29 October 1986. Arrest of Javellana: 12 May 1989. IBP appearance and custody motions: May–June 1989. Series of RTC orders concerning custody and medical examination: 2–8 August 1989 and 1 September 1989. Petition for certiorari and TRO filed by petitioner: late August 1989; temporary restraining order issued 31 August 1989. Supplemental petition and writ of preliminary mandatory injunction: September 1989. RTC order of 14 September 1989 (arrest/commitment of Asst. Provincial Prosecutor) later challenged and annulled by the Supreme Court (decision rendered by Second Division).

Applicable Law and Procedural Rules

Governing constitution: 1987 Philippine Constitution (applicable to decisions rendered in or after 1990). Controlling procedural law and standards referenced: Rules of Court (Section 1, Rule 137 on disqualification of judges), standards for certiorari (writ available only where grave abuse of discretion or lack/excess of jurisdiction and when no other plain, speedy and adequate remedy exists), and the limits on the contempt power of courts (contempt must be exercised sparingly and preservatively, not vindictively).

Procedural History and Evidence Strategy

After consolidation of cases, the prosecution moved to discharge certain accused for use as state witnesses (e.g., Romeo Nagales, Oscar Tianzon). The prosecution rested its case without presenting some discharged persons as witnesses, but later sought to discharge others to use as state witnesses against the remaining accused. Defense counsel and Javellana raised security and health concerns pertaining to confinement in the Antique Provincial Jail. The trial court issued several custody and medical-examination orders for Javellana and later denied the prosecution’s motion to discharge Oscar Tianzon as a state witness (order dated 1 September 1989). The prosecution filed motions to inhibit the judge and for reconsideration; petitioner then filed certiorari and prohibition petitions before the Supreme Court, seeking annulment of several RTC orders and restraint on further hearings.

Orders Challenged by the People

The People challenged primarily: (a) the RTC orders of 3, 7 and 8 August 1989 that transferred custody of Javellana (to the Provincial Probation Officer, to defense lawyers deputized as deputies of the court, and to the Clerk of Court for confinement at the clerk’s residence), (b) the RTC order of 1 September 1989 denying the prosecution’s motion to discharge Oscar Tianzon as a state witness, and (c) the RTC’s conduct culminating in the 14 September 1989 order arresting and committing Assistant Provincial Prosecutor John Turalba for contempt after he walked out of the courtroom.

Legal Issues Presented to the Supreme Court

  1. Whether the respondent RTC judge committed grave abuse of discretion or acted beyond jurisdiction in issuing the custody and medical-examination orders for Javellana (3, 7 and 8 August 1989). 2. Whether the denial of the prosecution’s motion to discharge Oscar Tianzon (1 September 1989) was correct and whether certiorari was the appropriate remedy. 3. Whether the respondent judge exceeded his contempt power and committed grave abuse in ordering the arrest and commitment of Assistant Provincial Prosecutor John Turalba (order of 14 September 1989). 4. Whether the judge should be disqualified or inhibited from further hearing the criminal cases.

Standard for Certiorari and Exhaustion of Remedies

The Court reiterated that certiorari is available only upon a showing of grave abuse of discretion amounting to lack or excess of jurisdiction and only when no other plain, speedy and adequate remedy exists. Where a motion for reconsideration or other corrective remedy is pending before the lower court, a petition for certiorari is generally premature because the lower court must first be given the opportunity to correct its own errors.

Analysis and Rationale: Custody and Medical Orders (3, 7, 8 August 1989)

The Supreme Court found that the RTC judge adequately explained the factual and security considerations underlying his orders. The judge’s findings included: (a) defense assertions and a sworn account by Javellana of threats and hostile conduct at the provincial jail (including an incident with a jail guard); (b) withdrawal of the prosecution’s initial objection after these facts were related in open court (Assistant Provincial Prosecutor Turalba withdrew his objection); (c) specific operational difficulties securing police escorts at critical moments; (d) the court’s perception of possible movements intended to compel incarceration of Javellana in the provincial jail and a consequent realistic risk to Javellana’s safety. Given these circumstances, the judge deputized certain defense counsel as provisional deputies of the court to take temporary custody and arranged confinement at a private residence to ensure safety pending resolution of bail and other proceedings. The Court held that these discretionary decisions were not arbitrary, capricious or despotic and therefore did not manifest grave abuse of discretion amounting to lack or excess of jurisdiction.

Analysis and Rationale: Denial of Motion to Discharge Oscar Tianzon (1 September 1989)

The Supreme Court emphasized the certiorari rule that a higher court should not intervene while adequate remedies remain in the lower court. The prosecution had filed a motion for reconsideration of the RTC’s 1 September order denying discharge; that motion remained pending. Because an available remedy (motion for reconsideration) had been invoked and not yet resolved, the petition for certiorari with respect to the 1 September order was premature. Consequently, the Court declined to grant certiorari on that ground pending exhaustion of the remedy in the RTC.

Analysis and Rationale: Continuation of Bail Hearing Despite TRO and Arrest of Assistant Provincial Prosecutor (14 September 1989)

The Supreme Court found that the RTC judge acted improperly in continuing the bail hearing after this Court had issued a temporary restraining order (TRO) on 31 August 1989 directing the judge to cease the bail hearing until the motion to discharge Oscar Tianzon had been resolved. Even assuming the 1 September order had been issued denying discharge, the prosecution’s motion for reconsideration of that denial was pending; the TRO remained in force with respect to continuing the bail hearing. The

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