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    People Vs Placerdiegst

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    Carol Jacinto
    This document summarizes a court case regarding the murder of Mariano Corvera, Sr. inside a courtroom in 1988. An investigation found enough evidence to charge Pablo Macapas and two others with murder. The investigating fiscal, Mariano Balansag, was later also murdered. The case was assigned to Judge Zenita Placer, who had a past professional relationship with one of the accused. The prosecution and Mariano Corvera Jr. sought to have Judge Placer inhibited from the case due to her relationship with the accused's lawyer. Judge Placer denied this. The Supreme Court later ruled that Judge Placer should be disqualified due to her relationship with the accused and designated another judge to try the case.

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    People Vs Placerdiegst

    Uploaded by

    Carol Jacinto
    61 views2 pages
    This document summarizes a court case regarding the murder of Mariano Corvera, Sr. inside a courtroom in 1988. An investigation found enough evidence to charge Pablo Macapas and two others with murder. The investigating fiscal, Mariano Balansag, was later also murdered. The case was assigned to Judge Zenita Placer, who had a past professional relationship with one of the accused. The prosecution and Mariano Corvera Jr. sought to have Judge Placer inhibited from the case due to her relationship with the accused's lawyer. Judge Placer denied this. The Supreme Court later ruled that Judge Placer should be disqualified due to her relationship with the accused and designated another judge to try the case.

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    People vs Placerdiegst

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    This document summarizes a court case regarding the murder of Mariano Corvera, Sr. inside a courtroom in 1988. An investigation found enough evidence to charge Pablo Macapas and two others with murder. The investigating fiscal, Mariano Balansag, was later also murdered. The case was assigned to Judge Zenita Placer, who had a past professional relationship with one of the accused. The prosecution and Mariano Corvera Jr. sought to have Judge Placer inhibited from the case due to her relationship with the accused's lawyer. Judge Placer denied this. The Supreme Court later ruled that Judge Placer should be disqualified due to her relationship with the accused and designated another judge to try the case.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    61 views2 pages

    People Vs Placerdiegst

    Uploaded by

    Carol Jacinto
    This document summarizes a court case regarding the murder of Mariano Corvera, Sr. inside a courtroom in 1988. An investigation found enough evidence to charge Pablo Macapas and two others with murder. The investigating fiscal, Mariano Balansag, was later also murdered. The case was assigned to Judge Zenita Placer, who had a past professional relationship with one of the accused. The prosecution and Mariano Corvera Jr. sought to have Judge Placer inhibited from the case due to her relationship with the accused's lawyer. Judge Placer denied this. The Supreme Court later ruled that Judge Placer should be disqualified due to her relationship with the accused and designated another judge to try the case.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    People vs placer

    Facts:On March 10, 1988, Mariano Corvera, Sr. (father of private petitioner), was gunned down
    inside the courtroom of the RTC of Butuan City, Br. II. The following day, a complaint was filed before
    the Office of the City Fiscal of Butuan City, charging the alleged assailant, Pablo Macapas (at large),
    and two (2) unidentified persons, with murder.
    Investigating City Fiscal Mariano Balansag found a prima facie case and prepared the corresponding
    Information for Murder against accused. On August 19, 1988, Fiscal Mariano Balansag was gunned
    down near his residence as he was about to report to his office. An information for murder was
    eventually filed in connection with the death of Mariano Corvera, Sr.
    The case was raffled in the sala of Judge Zenita Placer, who has a past professional relationship
    with one of the accused.

    In the meanwhile, acting on the request of Executive Judge Dabalos in


    Administrative Matter No. 88-12-3478-RTC for the assignment of Criminal
    Case No. 3464 to another court, this Court, on 02 February 1989, issued a
    resolution requiring Judge Zenaida P. Placer to take over the case, The
    prosecution and complainant Mariano Corvera, Jr., however, later moved for
    her inhibition on the ground that Calo was the lawyer of Judge Placers
    family. Judge Placer denied the motion on the strength of her having been
    designated by this Court.
    Once again, the prosecution and Mariano Corvera, Jr., sought this Courts
    intervention through a petition for certiorari and prohibition (G.R. No.
    87932). The Solicitor General prayed for the dismissal of the petition, stating
    that his Office had not authorized anyone to institute it. On 20 July 1989, the
    Court held that Mariano Corvera, Jr., being the offended party, had sufficient
    personality and interest to file the special civil action. On the merits of the
    case, the Court ruled that, considering her past professional relationship with
    one of the accused and the fact that the case was rather controversial in
    nature, Judge Placer should be disqualified from hearing it. In her stead, the
    Court designated Judge Alfredo Lagamon of the Regional Trial Court of
    Cagayan de Oro City to try the case.
    [16]

    Issue:
    Whether or not THE COURT OF APPEALS ERRED GRAVELY AND/OR COMMITTED
    GRAVE ABUSE OF DISCRETION IN DISMISSING THE PETITION ON THE GROUND THAT
    THE PETITIONER HAS NO CAPACITY TO BRING THE PETITION WITHOUT THE PRIOR
    IMPRIMATUR OF THE SOLICITOR GENERAL
    Held:

    Yes. The Court finds merit in the petition.


    While the rule is, as held by the Court of Appeals, only the Solicitor General may
    bring or defend actions on behalf of the Republic of the Philippines, or represent the
    People or the State in criminal proceedings pending in this Court and the Court of
    Appeals, the ends of substantial justice would be better served, and the issues in
    this action could be determined in a more just, speedy and inexpensive manner, by
    entertaining the petition at bar. As an offended party in a criminal case, private
    petitioner has sufficient personality and a valid grievance against Judge Adao's
    order granting bail to the alleged murderers of his (private petitioner's) father.
    Furthermore, as offended parties in the pending criminal case before petitioner
    judge, it cannot be gainsaid that respondents have sufficient interest and
    personality as person(s) aggrieved' by petitioner judge's ruling on his nondisqualification to file the special civil action under sections 1 and 2 of Rule 65.
    Recently, in line with the underlying spirit of a liberal construction of the Rules of
    Court in order to promote their object, as against the literal interpretation of Rule
    110, section 2, we held, overruling the implication of an earlier case, that a widow
    possesses the right as an offended party to file a criminal complaint for the murder
    of her deceased husband. (Id., p. 699)

    The petition was Granted.

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