Philippine Coconut Fed vs. RP

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Philippine Coconut, Producers Federation, Inc. (COCOFED), Manuel V. Del Rosario, Domingo P.

Espina, Salvador P. Ballares, Joselito A. Moraleda, Paz M. Yason, Vicente A. Cadiz, Cesaria De Luna
Titular, and Raymundo C. De Villa, Petitioners, vs. Republic of the Philippines, respondent.
G.R. Nos. 177857-58. January 24, 2012 En Banc Decision; Justice Velasco
Constitutional Law; Bill of Rights; Rights of the Accused; Right to be Heard; Right to Speedy Trial;

Facts:
In 1971, R.A. 6260 was enacted creating the Coconut Investment Company to administer the
Coconut Investment Fund. The declaration of martial law in September 1972 saw the issuance of
several presidential decrees purportedly designed to improve the coconut industry through the
collection and use of the coconut levy fund. In G.R. Nos. 177857-58, class action petitioners
COCOFED and a group of purported coconut farmers and COCOFED members, hereinafter
“COCOFED et al.” collectively seek the reversal of the judgments and resolutions of the anti-graft
court insofar as these issuances are adverse to their interests. As a procedural issue, COCOFED, et
al. and Ursua contends that in the course of almost 20 years that the cases have been with the
anti-graft court, they have repeatedly sought leave to adduce evidence (prior to respondent’s
complete presentation of evidence) to prove the coco farmers’ actual and beneficial ownership of
the sequestered shares. The Sandiganbayan, however, had repeatedly and continuously
disallowed such requests, thus depriving them of their constitutional right to be heard.
Issues:
(1) Whether or not petitioners COCOFED et al. were not deprived of their right to be heard;
(2) Whether or not the right to speedy trial was violated.
Ruling:
(1) No, petitioner COCOFED’s right to be heard had not been violated by the mere issuance of PSJ-
A and PSJ-F before they can adduce their evidence. As it were, petitioners COCOFED et al. were
able to present documentary evidence in conjunction with its “Class Action Omnibus Motion”
dated February 23, 2001 where they appended around four hundred (400) documents including
affidavits of alleged farmers. These petitioners manifested that said documents comprise their
evidence to prove the farmers’ ownership of the UCPB shares, which were distributed in
accordance with valid and existing laws. Lastly, COCOFED et al. even filed their own Motion for
Separate Summary Judgment, an event reflective of their admission that there are no more factual
issues left to be determined at the level of the Sandiganbayan. This act of filing a motion for
summary judgment is a judicial admission against COCOFED under Section 26, Rule 130 which
declares that the “act, declaration or omission of a party as to a relevant fact may be given in
evidence against him.”
(2) No. As a matter of settled jurisprudence, but subject to equally settled exception, an issue not
raised before the trial court cannot be raised for the first time on appeal. The sporting idea
forbidding one from pulling surprises underpins this rule. For these reasons, the instant case
cannot be dismissed for the alleged violation of petitioners’ right to a speedy disposition of the
case. It must be clarified right off that the right to a speedy disposition of case and the accused’s
right to a speedy trial are distinct, albeit kindred, guarantees, the most obvious difference being
that a speedy disposition of cases, as provided in Article III, Section 16 of the Constitution. In fine,
the right to a speedy trial is available only to an accused and is a peculiarly criminal law concept,
while the broader right to a speedy disposition of cases may be tapped in any proceedings
conducted by state agencies.

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