People vs benipayo

Facts: 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, University of the Philippines-Diliman Campus, Quezon City.5 The speech was subsequently published in the February 4 and 5, 2002 issues of the Manila Bulletin.6Petitioner corporation, believing that it was the one alluded to by the respondent when he stated in his speechPetitioner corporation, believing that it was the one alluded to by the respondent when he stated in his speech Petitioner later filed a Motion for Inhibition and Consolidation, While the said motion remained unresolved, respondent, for his part, moved for the dismissal of the case on the assertion that the trial court had no jurisdiction over his person for he was an impeachable officer and thus, could not be criminally prosecuted before any court during his incumbency; and that, assuming he can be criminally prosecuted, it was the Office of the Ombudsman that should investigate him and the case should be filed with the Sandiganbayan. While the RTC found that respondent was no longer an impeachable officer because his appointment was not confirmed by Congress, it ruled that the case had to be dismissed for lack of jurisdiction considering that the alleged libel was committed by respondent in relation to his officehe delivered the speech in his official capacity as COMELEC Chair. Accordingly, it was the Sandiganbayan that had jurisdiction over the case to the exclusion of all other courts.

Since jurisdiction over written defamations exclusively rests in the RTC without qualification, it is unnecessary and futile for the parties to argue on whether the crime is committed in relation to office. Thus, the conclusion reached by the trial court that the respondent committed the alleged libelous acts in relation to his office as former COMELEC chair, and deprives it of jurisdiction to try the case, is, following the above disquisition, gross error. This Court, therefore, orders the reinstatement of Criminal Cases Nos. Q-02-109406 and Q-02-109407 and their remand to the respective Regional Trial Courts for further proceedings. Having said that, the Court finds unnecessary any further discussion of the other issues raised in the petitions.

Albert vs sandiganbayan

Facts: the Special Prosecution Officer (SPO) II of the Office of the Ombudsman for Mindanao charged petitioner and his co-accused, Favio D. Sayson and Arturo S. Asumbrado, before the Sandiganbayan with violation of Section 3(e) of Republic Act No. 3019 (RA 3019) or the Anti-Graft and Corrupt Practices Act in Criminal Case No. 25231. a Hold Departure Order was issued by the Sandiganbayan against petitioner and his co-accused. On 25 May 1999, petitioner filed a Motion to Dismiss Criminal Case No. 25231 on the following grounds: (1) the accused (petitioner) was denied due process of law; (2) the Office of the Ombudsman did not acquire jurisdiction over the person of the accused; (3) the constitutional rights of the accused to a speedy disposition of cases and to a speedy trial were violated; and (4) the resolution dated 26 February 1999 finding the accused guilty of violation of Section 3(e) of RA 3019 is not supported by evidence. the

Issue: whether the RTC has jurisdiction over libel cases to the exclusion of all other courts.

Held:

Sandiganbayan denied petitioners Motion to Dismiss and ordered the prosecution to conduct a reinvestigation of the case with respect to petitioner. In a Memorandum dated 6 January 2003, the SPO who conducted the reinvestigation recommended to the Ombudsman that the indictment against petitioner be reversed for lack of probable cause. However, the Ombudsman, in an Order dated 10 March 2003, disapproved the Memorandum and directed the Office of the Special Prosecutor to proceed with the prosecution of the criminal case. Petitioner filed a Motion for Reconsideration of the Order of the Ombudsman.. the prosecution filed an ExParte Motion to Admit Amended Information. During the 2 October 2003 hearing, this exparte motion was withdrawn by the prosecution with the intention of filing a Motion for Leave to Admit Amended Information. the Sandiganbayan also held that even granting that the amendment of the information be formal or substantial, the prosecution could still effect the same in the event that the accused had not yet undergone a permanent arraignment. Issue: WHETHER THE SANDIGANBAYAN GRAVELY ABUSED ITS DISCRETION AMOUNTING TO LACK OR EXCESS OF JURISDICTION IN ADMITTING THE AMENDED INFORMATION;

anytime.27 In this case, the amendment entails the deletion of the phrase "gross neglect of duty" from the Information. Although this may be considered a substantial amendment, the same is allowable even after arraignment and plea being beneficial to the accused.28 As a replacement, "gross inexcusable negligence" would be included in the Information as a modality in the commission of the offense. This Court believes that the same constitutes an amendment only in form.

Held: the test as to when the rights of an accused are prejudiced by the amendment of a complaint or information is when a defense under the complaint or information, as it originally stood, would no longer be available after the amendment is made, and when any evidence the accused might have, would be inapplicable to the complaint or information as amended.26 On the other hand, an amendment which merely states with additional precision something which is already contained in the original information and which, therefore, adds nothing essential for conviction for the crime charged is an amendment to form that can be made at