Beltran Vs People 175013

G.R. No.
175013 June 1, 2007
CRISPIN B. BELTRAN, Petitioner,

vs.
PEOPLE OF THE PHILIPPINES, SECRETARY RAUL M. GONZALEZ, in his capacity as the Secretary of Justice and overall
superior of the Public Prosecutors, HONORABLE ENCARNACION JAJA G. MOYA, in her capacity as Presiding Judge of
Regional Trial Court of Makati City, Branch 146, and HONORABLE ELMO M. ALAMEDA, in his capacity as Presiding Judge
of Regional Trial Court of Makati City, Branch 150, Respondents.
DECISION
CARPIO, J.:
The Case
These are consolidated petitions for the writs of prohibition and certiorari to enjoin petitioners’ prosecution for Rebellion and to set
aside the rulings of the Department of Justice (DOJ) and the Regional Trial Court of Makati City (RTC Makati) on the investigation
and prosecution of petitioners’ cases.
The Facts
Petitioner in G.R. No. 175013, Crispin B. Beltran (Beltran), and petitioners in G.R. Nos. 172074-76, Liza L. Maza (Maza), Joel G.
Virador (Virador), Saturnino C. Ocampo (Ocampo), Teodoro A. Casiño (Casiño), and Rafael V. Mariano (Mariano), 1 are members of
the House of Representatives representing various party-list groups.2 Petitioners in G.R. Nos. 172070-72 are private individuals.
Petitioners all face charges for Rebellion under Article 134 in relation to Article 135 of the Revised Penal Code in two criminal cases
pending with the RTC Makati.
G.R. No. 175013 (The Beltran Petition)
Following the issuance by President Gloria Macapagal-Arroyo of Presidential Proclamation No. 1017 on 24 February 2006 declaring
a "State of National Emergency," police officers3 arrested Beltran on 25 February 2006, while he was en route to Marilao, Bulacan,
and detained him in Camp Crame, Quezon City. Beltran was arrested without a warrant and the arresting officers did not inform
Beltran of the crime for which he was arrested. On that evening, Beltran was subjected to an inquest at the Quezon City Hall of
Justice for Inciting to Sedition under Article 142 of the Revised Penal Code based on a speech Beltran allegedly gave during a rally
in Quezon City on 24 February 2006, on the occasion of the 20th anniversary of the EDSA Revolution. The inquest was based on the
joint affidavit of Beltran’s arresting officers who claimed to have been present at the rally. The inquest prosecutor 4 indicted Beltran
and filed the corresponding Information with the Metropolitan Trial Court of Quezon City (MeTC). 5
The authorities brought back Beltran to Camp Crame where, on 27 February 2006, he was subjected to a second inquest, with 1st Lt.
Lawrence San Juan (San Juan), this time for Rebellion. A panel of State prosecutors 6 from the DOJ conducted this second inquest.
The inquest was based on two letters, both dated 27 February 2006, of Yolanda Tanigue (Tanigue) and of Rodolfo Mendoza
(Mendoza). Tanigue is the Acting Executive Officer of the Criminal Investigation and Detection Group (CIDG), Philippine National
Police (PNP), while Mendoza is the Acting Deputy Director of the CIDG. The letters referred to the DOJ for appropriate action the
results of the CIDG’s investigation implicating Beltran, the petitioners in G.R. Nos. 172074-76, San Juan, and several others as
"leaders and promoters" of an alleged foiled plot to overthrow the Arroyo government. The plot was supposed to be carried out
jointly by members of the Communist Party of the Philippines (CPP) and the Makabayang Kawal ng Pilipinas (MKP), which have
formed a "tactical alliance."
On 27 February 2006, the DOJ panel of prosecutors issued a Resolution finding probable cause to indict Beltran and San Juan as
"leaders/promoters" of Rebellion. The panel then filed an Information with the RTC Makati. The Information alleged that Beltran, San
Juan, and other individuals "conspiring and confederating with each other, x x x, did then and there willfully, unlawfully, and
feloniously form a tactical alliance between the CPP/NPA, renamed as Partidong Komunista ng Pilipinas (PKP) and its armed
regular members as Katipunan ng Anak ng Bayan (KAB) with the Makabayang Kawal ng Pilipinas (MKP) and thereby rise publicly
and take up arms against the duly constituted government, x x x."7 The Information, docketed as Criminal Case No. 06-452, was
raffled to Branch 137 under Presiding Judge Jenny Lind R. Aldecoa-Delorino (Judge Delorino).
Beltran moved that Branch 137 make a judicial determination of probable cause against him.8 Before the motion could be resolved,
Judge Delorino recused herself from the case which was re-raffled to Branch 146 under Judge Encarnacion Jaja-Moya (Judge
Moya).
In its Order dated 31 May 2006, Branch 146 sustained the finding of probable cause against Beltran. 9 Beltran sought
reconsideration but Judge Moya also inhibited herself from the case without resolving Beltran’s motion. Judge Elmo M. Alameda of
Branch 150, to whom the case was re-raffled, issued an Order on 29 August 2006 denying Beltran’s motion.
Hence, the petition in G.R. No. 175013 to set aside the Orders dated 31 May 2006 and 29 August 2006 and to enjoin Beltran’s
prosecution.
In his Comment to the petition, the Solicitor General claims that Beltran’s inquest for Rebellion was valid and that the RTC Makati
correctly found probable cause to try Beltran for such felony.

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G.R. No.

175013 June 1, 2007

CRISPIN B. BELTRAN, Petitioner,

G.R. No. 175013 (The Beltran Petition)

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