Case History of de Vera vs. de Vera - A Bigamy Case

Pages: 47 (15570 words) Published: August 22, 2013
Jurisdiction

DE VERA v. DE VERA G.R. No. 172832 April 7, 2009
Facts:
Petitioner, Rosario T. de Vera, filed a bigamy case against her spouse Geren A. de Vera and Josephine F. Juliano after allegedly contracting a second marriage with the latter, which likewise has previous knowledge that accused he is still validly married to petitioner. Accused Geren pleaded guilty on arraignment but prayed on a latter motion that he be allowed to withdraw it in order to avail of the mitigating circumstance of voluntary surrender. Said motion was opposed by petitioner arguing that it shouldn’t be entertained for the case is already for promulgation and that not all the elements of voluntary surrender is present. The RTC granted the motion and held the accused guilty of bigamy but likewise appreciated the mitigating circumstances of voluntary surrender and plea of guilty in the determination of the penalty to be imposed. Petitioner moved for the partial reconsideration of the case which was denied. In 2005, Geren applied for probation which was favorably acted upon and referred to the probation office of San Juan. Petitioner filed a special civil action in the appellate court which affirmed the decision of the RTC and ruled that all the mitigating circumstance of voluntary surrender were present. ISSUE:

Whether the court committed grave abuse of discretion amounting to lack of jurisdiction when it appreciated the mitigating circumstance of voluntary surrender of the accused DOCTRINE:
The mere filing of an information and/or the issuance of a warrant of arrest will not automatically make the surrender "involuntary. RATIONALE:
As distinguished from the earlier cases, upon learning that the court had finally determined the presence of probable cause and even before the issuance and implementation of the warrant of arrest, Geren already gave himself up, acknowledging his culpability. This was bolstered by his eventual plea of guilt during the arraignment. Thus, the trial court was correct in appreciating the mitigating circumstance of "voluntary surrender." It is clear that notwithstanding the pendency of a warrant for his arrest, the accused may still be entitled to the mitigating circumstance in case he surrenders, depending on the actual facts surrounding the very act of giving himself up. RULING:

The petition is DENIED. The Decision and resolution of the appellate court are AFFIRMED. PEOPLE OF THE PHILIPPINES and PHOTOKINA MARKETING CO. V. ALFREDO BENIPAYO G.R. No. 154473 and G.R. No. 155573 April 24, 2009

Facts:
a) G.R. No. 154473
On January 31, 2002, respondent Alfredo L. Benipayo, then Chairman of the Commission on Elections (COMELEC), delivered a speech in the “Forum on Electoral Problems: Roots and Responses in the Philippines” held at the Balay Kalinaw, UP Diliman Campus in Quezon City which was subsequently published in the Manila Bulletin newspaper. Petitioner charged him of libel for suggesting in his speech that the corporation tried to deceive the government into signing a contract worth billions of pesos. Respondent questioned the jurisdiction of the Office of the City Prosecutor of Quezon City and argued that he was an impeachable officer. Petitioner later filed a Motion for Inhibition and Consolidation, contending that Judge Jaime N. Salazar of Branch 102 could not impartially preside over the case because his appointment to the judiciary was made possible through the recommendation of respondent’s father-in-law. Likewise, petitioner also moved that the case be ordered consolidated with the other libel case pending with Branch 101 of the RTC. Pending the resolution of the motion, respondent moved for the dismissal of the complaint which the RTC granted on the ground that the alleged libel was committed by respondent in relation to his office thus, it was the Sandiganbayan that had jurisdiction over the case to the exclusion of all other courts. Petitioner’s filed a motion for reconsideration which was likewise...
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