CONSTITUTIONAL LAW II | IN THE MATTER OF THE PETITION FOR ISSUANCE OF WRIT OF HABEAS CORPUS WITH PETITION FOR RELIEF IBP PANGASINAN LEGAL AID VS. DOJ GR No. 232413, July 25, 2017

IN THE MATTER OF THE PETITION FOR ISSUANCE OF WRIT OF HABEAS CORPUS WITH PETITION FOR RELIEF IBP 

PANGASINAN LEGAL AID VS. DOJ 

GR No. 232413, July 25, 2017 


FACTS 

The petition claims that as a result of jail visitations participated in by the IBP Legal Aid Program, as well as a series of consultations with the Philippine National Police (PNP) on the extant condition of detention prisoners, it was discovered that several detention prisoners had been languishing in jail for years without a case being filed in court by the prosecutor's office and without definite findings as to the existence or nonexistence of probable cause. 

For the IBP, it is the height of injustice when innocent persons are left to suffer in jail for years without a fixed term. The IBP represents in this case its client, Jay-Ar Senin (Senin). Senin's rights were allegedly violated because he has been detained for at least eight months without any finding of probable cause or a case having been filed in court. 

The IBP claims that the waiver of Article 125 of the RPC does not vest the DOJ, Provincial Prosecutor's Office (PPO), Bureau of Jail Management and Penology (BJMP), and the PNP, the unbridled right to detain Senin indefinitely subject only to the whims and caprices of the reviewing prosecutor of the DOJ. Section 7, Rule 112 of the Rules of Court explicitly provides that preliminary investigation must be terminated within 15 days from its inception if the person arrested had requested for a preliminary investigation and had signed a waiver of the provisions of Article 125. It follows, therefore, that the waiver of Article 125 must coincide with the 15-day period of preliminary investigation. The detention beyond this period violates Senin's constitutional right to liberty. The review of the investigating prosecutor's resolution has been pending with the DOJ for more than eight months. The IBP concludes that Senin must be released from detention and be relieved from the effects of the unconstitutional issuances of the DOJ. 

ISSUE 

Whether or not the detention beyond its period violates petitioner‟s constitutional right to liberty.


RULING 

YES, the detention beyond its period violates their constitutional right to liberty. 

The waiver of Article 125 of the RPC does not vest upon the DOJ, PPO, BJMP, and PNP the unbridled right to indefinitely incarcerate an arrested person and subject him to the whims and caprices of the reviewing prosecutor of the DOJ. The waiver of Article 125 must coincide with the prescribed period for preliminary investigation as mandated by Section 7, Rule 112 of the Rules of Court. Detention beyond this period violates the accused's constitutional right to liberty. The Court rules that a detainee under such circumstances must be promptly released to avoid violation of the constitutional right to liberty, despite a waiver of Article 125, if the 15-day period (or the thirty 30- day period in cases of violation of R.A. No. 9165 ) for the conduct of the preliminary investigation lapses. This rule also applies in cases where the investigating prosecutor resolves to dismiss the case, even if such dismissal was appealed to the DOJ or made the subject of a motion for reconsideration, reinvestigation or automatic review. The reason is that such dismissal automatically results in a prima facie finding of lack of probable cause to file an information in court and to detain a person. the security of the public and the interest of the State would be jeopardized is not a justification to trample upon the constitutional rights of the detainees against deprivation of liberty without due process of law, to be presumed innocent until the contrary is proved and to a speedy disposition of the case






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