Sunday, December 3, 2017

DIOSDADO ALLADO & ROBERTO L. MENDOZA VS. HON. ROBERTO C. DIOKNO (1994)

Facts: Petitioners Diosdado Jose Allado and Roberto L. Mendoza are partners of the Law Firm of Salonga, Hernandez and Allado. In the practice of their profession, and on the basis of an alleged extrajudicial confession of a security guard, they have been accused of the heinous crime of kidnapping with murder by the Presidential Anti-Crime Commission (PACC) and ordered arrested without bail by respondent judge.

The focal source of the information against petitioners is the sworn statement of Security Guard Escolastico Umbal in 1993, implicating them as the brains behind the alleged kidnapping and slaying of one Eugen Alexander Van Twest, a German national.  In that extrajudicial confession, he claimed that he and his companions were met by petitioners in exchange for P2.5M, the former undertook to apprehend Van Twest who allegedly had an international warrant of arrest against him. Umbal and his companions blocked the foreigner’s vehicle and forced him into their car. They brought him to a "safe house" and after 4 days, Umbal with the petitioners interrogated Van Twest, pretending it was official, and then made him sign certain documents. The following day, Van Twest was shot in the chest, stabbed repeatedly, cut off his private part, and later burned his cadaver.

Petitioners now contend that Judge Diokno acted with grave abuse of discretion and in excess of jurisdiction in holding that there is probable cause against them without determining the admissibility of the evidence and without even stating the basis of his findings, and in relying on the Resolution of the Panel and their certification that probable cause exists even though the certification is flawed. They maintain that the records of the preliminary investigation which Judge Diokno solely relied upon failed to establish probable cause in order to justify the issuance of the warrant of arrest. They also assail the prosecutors' clear sign of bias and partiality.
Issue: Is there grave abuse of discretion on the part of Judge Diokno in holding probable cause against them?
Held: Yes. In Judge Diokno’s order, it is stated that the court believes and rules that probable cause exists and therefore, a warrant of arrest should be issued.  However, the court failed to see how the judge came up with such ruling. Furthermore, the court also gave a number of reasons why it considered the evidence submitted to be insufficient for a finding of probable cause against the accused.
The PACC relied heavily on the sworn statement of Security Guard Umbal. There is serious doubt on Van Twest's reported death since the corpus delicti has not been established, nor have his remains been recovered. Umbal claims that Van Twest was completely burned. This is highly improbable. A human body cannot be pulverized into ashes by simply burning it with the use of gasoline and rubber tires in an open field.
And even after Van Twest's reported abduction, his counsel continued to represent him before judicial and quasi-judicial proceedings, giving the notion that even Asst. Solicitor General Estoesta believes that counsel of Van Twest doubted the latter's death.
It appears that Judge Diokno merely relied on the certification of the prosecutors that probable cause existed. For, otherwise, he would have found out that the evidence thus far presented was utterly insufficient to warrant the arrest of petitioners.
In the present case, it appears that the prosecutors misappropriated, if not abused, their discretion. If they really believed that petitioners were guilty, they should have armed themselves with facts and circumstances in support of that belief and presented sufficient and credible evidence to demonstrate the existence of probable cause.

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