L\Epublic of Tbe F)Bilippine~ I,Upreme Q!:Ourt Jl!Lanila

$L\Epublic of Tbe F)Bilippine~ I,Upreme Q!:Ourt Jl!Lanila$

l\epublic of tbe f)bilippine~ i,upreme Q!:ourt Jl!lanila

THIRD DIVISION

ADVISORY

G.R. No. 251693 - JODY C. SALAS, ex rel Person Deprived of Liberty (PDL) RODOLFO C. SALAS, petitioner, v. HON. THELMA BUNYI MEDINA, Presiding Judge of the Regional Trial Court of the City of Manila, Branch 32, JCINSP. LLOYD GONZAGA, Warden of the Manila City Jail Annex, and all those taking orders, instructions, and directions from him, respondents. x------x

The Court resolved to conduct Oral Arguments on the above-entitled case on March 12, 2020 at 9:30 a.m.

For the orderly proceeding of Oral Arguments, the parties are required to observe the following guidelines:

I. The parties shall limit their presentation for oral argumentation on the following issues:

A) Whether or not the instant petition for the issuance of a writ of habeas corpus properly lies as a proper remedy for the predicament of Rodolfo C. Salas; and

B) Whether or not double jeopardy attaches, considering the prior conviction of Rodolfo C. Salas for the crime of Rebellion the penalty for which he had already fully served.

II. The parties in this case are: the petitioner JODY C. SALAS, ex rel Person Deprived of Liberty (PDL) RODOLFO C. SALAS, and the respondents HON. THELMA BUNYI-MEDINA, Presiding Judge of the Regional Trial Court of the City of Manila, Branch 32, JCINSP. LLOYD GONZAGA, Warden of the Manila City Jail Annex, and all those taking orders, instructions, and directions from him. Advisory 2 G.R. No. 251693

a. The Parties will be heard in the following order:

1. Petitioner

2. Respondents

b. Each party will be given twenty (20) minutes for their opening statements, setting forth their arguments in support of their respective postures, before they are interpellated by the Justices.

c. In the event that more than one lawyer will argue for a party, the lead counsel shall determine how to share this time allocation among the co-counsels.

III. The interpellation by the Members of the Court will immediately follow after each presentation of arguments.

IV. The time allocated for counsels to argue shall be exclusive of the time devoted to interpellation by the Members of the Court.

V. The Members of the Court maintain their privilege to ask any question on any relevant matter or require submission of any document necessary for a comprehensive resolution of this case.

VI. Written copies of opening statements, tables of authorities, copies of any document to be presented and all slide presentations, if any, should be submitted to the Division Clerk of Court not later than 12:00 o'clock noon of Wednesday preceding the date of the oral arguments, or March 11, 2020. The parties should submit one ( 1) original, four ( 4) printed copies, and digital copies in accordance with the Resolution dated September 10, 2013 inA.M. No. 10-3-7-SC. All opposing parties should also be served with these documents and slide presentations. All submissions will be posted in the Supreme Court website immediately before the oral arguments.

VII. All other matters not covered by the oral arguments but properly raised in the pleadings shall not be considered eliminated as issues, but shall be discussed and argued in the written memoranda to be required of the concerned parties.

VIII. All parties are advised to strictly comply with the Efficient Use of Paper Rule in A.M. No. 11-9-SC dated November 13, 2012, Advisory 3 G.R. No. 251693

especially with respect to Supreme Court bound papers.

IX. The parties should file their respective memoranda within a non extendible period of ten ( 10) days from the close of oral arguments.

Very truly yours,

~\~~(...~-\;\ ATTY. MISAEL DOMINGO C. BATTUNG III Division Clerk of Courta.rt' ~, ~I>)'µ)

FREE LEGAL ASSISTANCE GROUP (FLAG) Counsel for Petitioner-Relator Jody C. Salas 2nd Floor, Eastside Building 77 Malakas Street, Quezon City

JINSP. LLOYD GONZAGA Warden of the Manila City Jail Annex BJMP-NCR Compound, Camp Bagong Diwa General Santos Ave., Lower Bicutan Taguig City

OFFICE OF THE SOLICITOR GENERAL 134 Amorsolo Street Legaspi Village, 1229 Makati City

HON. THELMA BUNYI-MEDINA Presiding Judge, Regional Trial Court of Manila Branch 32 5th Floor, LRT Wing, Manila City Hall Gat. Antonio Villegas, St., Ermita City of Manila

PUBLIC INFORMATION OFFICE Supreme Court, Manila l\epubltc of tbt ~biltppint~ s;upreme Ql:ourt :fflanila

THIRD DIVISION

NOTICE

Sirs/Mesdames: Please take notice that the Court, Third Division, issued a Resolution dated March 2, 2020, which reads as follows:

"G.R. No. 251693 - (JODY C. SALAS, ex rel Person Deprived of Liberty (PDL) RODOLFO C. SALAS, petitioner, v. HON. THELMA BUNYI-MEDINA, Presiding Judge of the Regional Trial Court of the City of Manila, Branch 32, JCINSP. LLOYD GONZAGA, Warden of the Manila City Jail Annex, and all those taking orders, instructions, and directions from him, respondents.).- Before the Court is a petition I for the issuance of a writ of habeas corpus beseeching Us to direct respondent to have the body of Rodolfo C. Salas (Rodolfo) produced before the Court and to have an order issued directing his immediate release from detention.

Petitioner Jody C. Salas (Jody) is the son of Rodolfo, who was arrested on February 18, 2020 in connection with a complaint for multiple counts of murder which was filed against him by the Office of the Provincial Prosecutor ofLeyte in LS. No. 06-116. It was alleged that between 1985 and 1992, the Central Committee of the Communist Party. of)he ·Philippines (CPP), which Rodolfo was a part of, ordered the implementation of "Operation Venereal Disease" that sanctioned the execution of persons who were viewed as enemies of the CPP. Consequently, Rodolfo was indicted for fifteen ( 15) counts of murder. The case, now docketed as Criminal Case Nos. 08-262163 and 14-306533 to 14-306546, is pending before Branch 32 of the Regional Trial Court of Manila. Rodolfo is currently detained at the Manila City Jail Annex by virtue of a Commitment Order2 dated February 20, 2020.

1 Rollo, pp. 9-30. 2 Id. at 54. 3 Id. at 32-42.

~A - over- (154) Resolution - 2 - G.R. No. 251693 March 2, 2020 that had long been settled by the Court in People v. Hernandez4 and Ponce Enrile v. Judge Salazar. 5 In essence, petitioner expounds that Rodolfo is being subjected by the State to another vexatious and taxing trial for a crime that he had already paid for. Thus, petitioner prays for the issuance of a writ of habeas corpus, along with other injunctive reliefs, for the immediate release of his father and to stop his unlawful prosecution.

In view of the foregoing, the Court RESOLVES to:

(a) ISSUE a WRIT OF HABEAS CORPUS; and

(b) ORDER respondent JCINSP. LLOYD GONZAGA to make a VERIFIED RETURN through personal service of the Writ of Habeas Corpus before the Third Division of this Court within a non-extendible period of five ( 5) days from the service of the writ.

In view thereof, petitioner's Extremely Urgent Ex-Parte Motion for Special and Immediate Raffle dated February 24, 2020 is NOTED WITHOUT ACTION.

SO ORDERED."

Very truly yours,

~\~ ~C..~o--\\" MISAEL DOMINGO(~. BATTUNG III Deputy Division Clerk ofCourt41t" ' 11tl~ FREE LEGAL ASSISTANCE GROUP HON. THELMA BUNYI-MEDINA (FLAG) Presiding Judge, Regional Trial Court of Counsel for Petitioner-Relator Jody C. Salas Manila 2nd Floor, Eastside Building Branch 32 77 Malakas Street, Quezon City 5th Floor, LRT Wing, Manila City Hall Gat. Antonio Villegas, St., Ermita JINSP. LLOYD GONZAGA City of Manila Warden of the Manila City Jail Annex BJMP-NCR Compound, Camp Bagong Diwa PUBLIC INFORMATION OFFICE General Santos Ave., Lower Bicutan Supreme Court, Manila Taguig City

OFFICE OF THE SOLICITOR GENERAL 134 Amorsolo Street Legaspi Village, 1229 Makati City

251693 (154) URES

4 99 Phil. 515 (1956). 5 264 Phil. 593 ( 1990). l\epublic of tbe Jbilippine~ i,upreme (ourt ;fflanila

THIRD DIVISION

JODY C. SALAS, ex rel Person Deprived of Liberty (PDL) RODOLFO C. SALAS, Petitioner,

- versus -

HON. THELMA BUNYI MEDINA, Presiding Judge of the Regional Trial Court of the City G.R. No. 251693 of Manila, Branch 32, JCINSP. LLOYD GONZAGA, Warden of the Manila City Jail Annex, and all those taking orders, instructions, and directions from him, Respondents. WRIT OF HABEAS CORPUS x------x

TO: FREE LEGAL ASSISTANCE GROUP (FLAG) Counsel for Petitioner-Relator Jody C. Salas 2nd Floor, Eastside Building 77 Malakas Street, Quezon City 1100

JCINSP. LLOYD GONZAGA Warden of the Manila City Jail Annex BJMP-NCR Compound, Camp Bagong Diwa General Santos Ave., Lower Bicutan Taguig City

THE OFFICE OF THE SOLICITOR GENERAL 134 Amorsolo Street, Legaspi Village Makati City

HON. THELMABUNYI-MEDINA Presiding Judge, Regional Trial Court of Manila Branch 32 5th Floor, LRT Wing, Manila City Hall Gat. Antonio Villegas St., Ermita City of Manila 1;1\ GREETINGS:

WHEREAS, the Supreme Court, on March 2, 2020, adopted a resolution in the above-entitled case, viz.:

"G.R. No. 251693 - (.JODY C. SALAS, ex rel Person Deprived of Liberty (PDL) RODOLFO C. SALAS, petitioner, v. HON. THELMA BUNYI MEDINA, Presiding Judge of the Regional Trial Court of the City of Manila, Branch 32, .JCINSP. LLOYD GONZAGA, Warden of the Manila City Jail Annex, and all those taking orders, instructions, and directions from him, respondents.). Before the Court is a petition 1 for the issuance of a writ of hab,~as corpus beseeching Us to direct respondent to have the body of Rodolfo C. Salas (Rodolfo) produced before the Court and to have an order issued directing his immediate release from detention.

Petitioner Jody C. Salas (Jody) is the son of Rodolfo, who was arrested on February 18, 2020 in connection with a complaint for multiple counts of murder which was filed against him by the Office of the Provincial Prosecutor of Leyte in I.S. No. 06-116. It was alleged that between 1985 and 1992, the Central Committee of the Communist Party of the Philippines (CPP), which Rodolfo was a part of, ordered the implementation of "Operation Venereal Disease" that sanctioned the execution of persons who were viewed as enemies of the CPP. Consequently, Rodolfo was indicted for fifteen (15) counts of murder. The case, now docketed as Criminal Case Nos. 08-262163 and 14-306533 to 14-306546, is pending before Branch 32 of the Regional Trial Court of Manila. Rodolfo is currently detained at the Manila City Jail Annex by virtue of a Commitment Order2 dated February 20, 2020.

Petitioner contends, in the main, that the charges against Rodolfo and his subsequent arrest violate his constitutional rights to due process and against double jeopardy. He argues that since Rodolfo had already been previously convicted of the crime of rebellion in a Decision3 dated May 10, 1991, and having served his sentence in full, he can no longer be charged with murder because the same is deemed absorbed in rebellion - a principle that had long been settled by the Court in People v. Hernandez4 and Ponce-Enrile v. Judge Salazar.5 In essence, petitioner expounds that Rodolfo is being subjected by the State to another vexatious and taxing trial for a crime that he had already paid for. Thus, petitioner prays for the issuance of a writ of habeas corpus, along with other injunctive reliefs, for the immediate release of his father and to stop his unlawful prosecution.

In view of the foregoing, the Court RESOLVES to:

(a) ISSUE a WRIT OF HABEAS CORPUS; and

Rollo, pp. 9-30. 2 Id. at 54. Id. at 32-42. 4 99 Phil. 515 (1956). . . 264 Phil. 593 (1990). •

'· In view thereof, petitioner's Extremely Urgent Ex-Parle Motion for Special and Immediate Raffle dated February 24, 2020 is NOTED WITHOUT ACTION.

SO ORDERED.

NOW, THEREFORE, you, respondent JCINSP. LLOYD GONZAGA, are hereby required to (a) make a VERIFIED RETURN of the writ, together with supporting affidavits, before the Third Division of this Court within a non-extendible period of five (5) days from notice hereof, and (b) APPEAR and PRODUCE the person of RODOLFO C. SALAS before the Third Division of this Court on March 12, 2020 at 9:30 a.m.

Let a copy of this Writ and the Oral Advisory also be served on the Office of the Solicitor General. Copies of this Writ shall be served personally on the parties and their counsels immediately.

GIVEN by authority of the Supreme Court of the Philippines, this 2nd day of March 2020, in Manila, Philippines

~\~'>~ ATTY. MISAEL DOMINGO C. BATTUNG III Division Clerk of Cour!,,.) lf~~