Mayor Bayani Alonte vs Judge

Maximo Savellano, NBI & People of

the Philippines
G.R. No. 131652 – 287 SCRA 245 – Political Law – Due Process in Criminal Proceedings –
Waiver of Right to Due Process

Alonte was accused of raping JuvieLyn Punongbayan with accomplice Buenaventura

Concepcion. It was alleged that Concepcion befriended Juvie and had later lured her into
Alonte’s house who was then the mayor of Biñan, Laguna. The case was brought before RTC
Biñan. The counsel and the prosecutor later moved for a change of venue due to alleged
intimidation. While the change of venue was pending, Juvie executed an affidavit of
desistance. The prosecutor continued on with the case and the change of venue was done
notwithstanding opposition from Alonte. The case was raffled to the Manila RTC under J
Savellano. Savellano later found probable cause and had ordered the arrest of Alonte and
Concepcion. Thereafter, the prosecution presented Juvie and had attested the voluntariness
of her desistance the same being due to media pressure and that they would rather establish
new life elsewhere. Case was then submitted for decision and Savellano sentenced both
accused to reclusion perpetua. Savellano commented that Alonte waived his right to due
process when he did not cross examine Juvie when clarificatory questions were raised about
the details of the rape and on the voluntariness of her desistance.

ISSUE: Whether or not Alonte has been denied criminal due process.

HELD: The SC ruled that Savellano should inhibit himself from further deciding on the case
due to animosity between him and the parties. There is no showing that Alonte waived his
right. The standard of waiver requires that it “”not only must be voluntary, but must be
knowing, intelligent, and done with sufficient awareness of the relevant circumstances and
likely consequences.”” Mere silence of the holder of the right should not be so construed as
a waiver of right, and the courts must indulge every reasonable presumption against waiver.
Savellano has not shown impartiality by repeatedly not acting on numerous petitions filed by
Alonte. The case is remanded to the lower court for retrial and the decision earlier
promulgated is nullified.