G.R. No. 168546 Case Digest

G.R. No. 168546, July 23, 2008

Michael Padua, petitioner

vs. People of the Philippines, respondent

Ponente: Quisumbing

Facts:

June 16, 2003, Padua and Edgar Ubalde were charged before the RTC Pasig of violation of R.A. No. 9165 [Comprehensive Dangerous Drugs act of 2002] for selling dangerous drugs. When arraigned, Padua assisted by counsel de officio entered a plea of not guilty. During the pre-trial, Padua’s counsel de officio manifested that his client was willing to withdraw his plea of not guilty and enter a plea of guilty to avail the benefits granted to 1^st time offenders. The prosecutor interposed no objection, thus the not guilty plea was withdrawn, Padua re-arraigned and pleaded guilty.

Padua then filed a petition for probation alleging that he is a minor and a 1^st time offender, and that he possess all qualifications and none of the disqualifications of the probation law. RTC ordered for the post-sentenced investigation and recommendation and comment of the probation office and the city prosecutor relatively.

Pasana, the chief probation and parole officer recommended Padua to be placed on probation. However, Judge Reyes-Carpio issued an order denying the petition for probation on the ground that under R.A. No. 9165, any person convicted of drug trafficking cannot avail of the privilege granted by the Probation Law.

Padua filed a motion for reconsideration but the same was denied. He filed for a petition for certiorari, but the CA dismissed his petition.

Issue: Whether Padua can avail the benefits of the Probation Law.

Held:

(1)    CA did not err in dismissing Padua’s petition for certiorari. The requisites for the certiorari must occur:  (1) the writ is directed against a tribunal, a board or any officer exercising judicial or quasi-judicial functions; (2) such tribunal, board or officer has acted without or in excess of jurisdiction, or with grave abuse of discretion amounting to lack or excess of jurisdiction; and (3) there is no appeal or any plain, speedy and adequate remedy in the ordinary course of law.

“Without jurisdiction” means that the court acted with absolute lack of authority.  There is “excess of jurisdiction” when the court transcends its power or acts without any statutory authority.  “Grave abuse of discretion” implies such capricious and whimsical exercise of judgment as to be equivalent to lack or excess of jurisdiction.

(2)    Any person convicted for drug trafficking or pushing, regardless of the penalty imposed, can not avail of the privilege granted by the Probation Law or P.D. No. 968.  The elementary rule in statutory construction is that when the words and phrases of the statute are clear and unequivocal, their meaning must be determined from the language employed and the statute must be taken to mean exactly what it says.  If a statute is clear, plain and free from ambiguity, it must be given its literal meaning and applied without attempted interpretation.  This is what is known as the plain-meaning rule or verba legis.  It is expressed in the maxim,index animi sermo, or speech is the index of intention.  Furthermore, there is the maxim verba legis non est recedendum, or from the words of a statute there should be no departure.

(3)    Padua cannot argue that his right under Rep. Act No. 9344, the “Juvenile Justice and Welfare Act of 2006” was violated.  Nor can he argue that Section 32 of A.M. No. 02-1-18-SC otherwise known as the “Rule on Juveniles in Conflict with the Law” has application in this case.  Section 68 of Rep. Act No. 9344 and Section 32 of A.M. No. 02-1-18-SC both pertain to suspension of sentence and not probation.

Petitioner has already reached 21 years of age or over and thus, could no longer be considered a child for purposes of applying Rep. Act 9344. Thus, the application of Sections 38 and 40 appears moot and academic as far as his case is concerned.