Case Summary (G.R. No. 251693)
Petitioner and Respondents
Petitioner: Jody C. Salas, filing habeas corpus on behalf of Rodolfo.
Respondents: RTC Judge Bunyi-Medina; JCInsp. Gonzaga; other jail officials.
Key Dates
• October 24, 1986 – Amended Information charging Rodolfo with rebellion.
• May 10, 1991 – RTC conviction of Rodolfo for rebellion under EO 187.
• 1992 – Completion of Rodolfo’s sentence and release.
• February 20, 2007 – Filing of Information for 15 counts of murder (May–June 1985 events).
• August 28, 2019 – RTC Manila warrant of arrest issued.
• February 18–20, 2020 – Rodolfo’s arrest in Pampanga and commitment to Manila City Jail Annex.
• March 2, 2020 – Petition for writ of habeas corpus filed and writ issued.
• March 12, 2020 – Oral arguments; bail granted; temporary restraining order denied.
Applicable Law
• 1987 Constitution, Art. III, Sec. 1 (due process), Sec. 14 (double jeopardy), Sec. 15 (habeas corpus).
• Rule 102, Rules of Court – writ of habeas corpus procedure and limitations.
• Revised Penal Code Arts. 134–135, as amended by P.D. No. 1834 and EO 187 (rebellion).
• Rule 117, Sec. 3, Rules of Court – motion to quash information.
Factual Background
- 1986–1991 Rebellion Case: Rodolfo pleaded guilty under plea‐bargaining and was sentenced to six years and one day to prison mayor. He served this term and was released in 1992.
- Leyte Mass Grave Discovery: On August 26, 2006, 67 skeletal remains were unearthed in Inopacan, Leyte, 15 of which were identified as victims of CPP-NPA “Operation Venereal Disease” (1982–1992).
- Murder Indictment: February 20, 2007, Rodolfo and 37 others were charged in Manila RTC with 15 counts of murder for the May–June 1985 killings in Leyte.
- Judicial Process: Venue transferred to RTC Manila, Branch 32. Warrant of Arrest issued on August 28, 2019; Rodolfo arrested February 18, 2020; committed to Manila City Jail Annex February 20, 2020.
- Habeas Corpus Petition: Filed March 2, 2020; writ issued; bail granted at ₱200,000.
Issues
- Whether habeas corpus is the appropriate remedy to challenge Rodolfo’s detention under judicial process.
- Whether double jeopardy bars prosecution for murder, as those acts were allegedly absorbed in the prior rebellion conviction.
Petitioner’s Arguments
• Rodolfo was never notified of the preliminary investigation into the murder charges.
• The 1991 plea-bargaining agreement guaranteed protection under the Hernandez–Enrile political‐offense doctrine, shielding him from common‐crime prosecution for acts committed in furtherance of rebellion.
• Having fully served his sentence for rebellion, prosecution for murder violates his constitutional right against double jeopardy.
• No plain, speedy remedy exists other than habeas corpus to secure his prompt release.
Respondents’ Arguments
• Rodolfo’s arrest and detention were pursuant to valid judicial process (information, warrant, commitment order) which enjoys the presumption of regularity.
• The writ of habeas corpus cannot serve as a substitute for ordinary remedies (e.g., motion to quash, reinvestigation) before the RTC.
• The political‐offense doctrine is a trial defense requiring factual proof that killings were committed to achieve a political objective; it cannot be resolved in habeas corpus proceedings.
Court’s Analysis
• Nature and Scope of Habeas Corpus: Under Rule 102 and the 1987 Constitution, the writ inquires only into the legality of present restraint. It cannot review errors of law or process irregularities where custody is by lawful judicial process.
• Judicial Process Exception: Having been charged by information and arrested under a warrant from a court of competent jurisdiction, Rodolfo’s detention is lawful; habeas corpus relief is therefore unavailable.
• Mootness by Bail: The Court previously granted Rodolf
Case Syllabus (G.R. No. 251693)
Antecedents
In October 1986, Rodolfo C. Salas (“Rodolfo”) was indicted by Amended Information for rebellion under Articles 134–135 of the Revised Penal Code (as amended by P.D. No. 1834), based on leadership roles in the CPP-NPA from 1968 onward
The Information detailed armed raids, ambuscades, “Operation Agaw Armas,” foreign arms procurement (M/V KARAGATAN, July 1972) and multiple attacks from 1986 to overthrow the Government
Docketed as Criminal Case No. 86-48926 in RTC Manila, Branch 12 (Judge Procoro J. Donato); rebellion then punishable by reclusion perpetua to death
In May 1991, Rodolfo entered into a plea-bargaining agreement under Executive Order No. 187, pleaded guilty to rebellion with reduced penalty (6 years and 1 day to 12 years prision mayor), fined ₱6,000, and received credit for preventive imprisonment
Rodolfo served his sentence in full and was released in 1992
On August 26, 2006, the 43rd Infantry discovered a mass grave in Sitio Mt. Sapang Dako, Inopacan, Leyte, with 67 skeletal remains—15 identified as victims of “Operation Venereal Disease” (1982–1992)
Leyte Provincial Prosecutor conducted preliminary investigation (I.S. No. 06-116); February 16, 2007 Resolution recommended 15 counts of murder against Rodolfo and 37 co-accused
February 20, 2007 Information charged Rodolfo with abduction, torture, stabbing and shooting of 15 persons in May–June 1985, employing treachery, evident premeditation, superior strength; victims buried in mass grave
June 12, 2008 RTC Hilongos, Leyte (Branch 18) transferred venue to RTC Manila Branch 32; docketed as Criminal Case Nos. 08-262163 (formerly H-1581) and 14-306533 to 14-306546
August 28, 2019 RTC Manila Branch 32 (Judge Thelma Bunyi-Medina) issued Warrant of Arrest against Rodolfo
February 18, 2020 Rodolfo arrested in Angeles City, Pampanga; detained at PNP Camp Olivas, San Fernando, Pampanga; February 20, 2020 Commitment Order sent him to Manila City Jail Annex under Warden Lloyd Gonzaga
March 2, 2020 Petitioner Jody C. Salas filed a petition for writ of habeas corpus before the Supreme Court on behalf