People vs. Beriales, et al. (70 SCRA 361)

Facts: A case of three men who were charged for the murder of Saturnina on Sept. 13, 1974. During the hearing on Nov. 26, 1974, upon motion of the defense the Court ordered the re-investigation of the case pending submission of the Fiscal of its reports. Couple of postponements was made until Dec. 13, 1974 hearing when the Court proceeded with the arraignment and trial in the absence of the Fiscal and its report on re-investigation, and over the disagreement of the defense. The CFI of Leyte relied on the private prosecutor being authorized by the Fiscal to present evidence and the defense presumed to have waived its right over its disagreement. Trial then proceeded and the 3 found guilty of he offense. Thus, this appeal on the constitutional requirement of due process.

Issue: Whether or not due process of law had been observed.

Held: Constitutional due process was violated, thus, case remanded to CFI for arraignment and trial. Court should have held in abeyance the trial while the report on e-investigation was still pending. Consistent disregard of the defense objection on the arraignment, trial, presentation of private prosecutor’s evidence, and rendition of judgment violates due process. Prosecutor or Fiscal entrusted with the investigation is duty bound to take charge until final termination. They shall have direction and control of the criminal prosecution over private prosecutors.

Ermita-Malate Hotel/Motel vs. City of Manila (20 SCRA 849)

Facts: On June 13, 1963, the Municipal Board of Manila passed Ordinance No. 4760 with the following provisions questioned for its violation of due process:

1. refraining from entertaining or accepting any guest or customer unless it fills out a prescribed form in the lobby in open view;
2. prohibiting admission o less than 18 years old;
3. usurious increase of license fee to P4,500 and 6,000 o 150% and 200% respectively (tax issue also);
4. making unlawful lease or rent more than twice every 24 hours; and
5. cancellation of license for subsequent violation.
   

The lower court issued preliminary injunction and petitioners raised the case to SC on certiorari.

Issue: Is the ordinance compliant with the due process requirement of the constitution?

Held: Ordinance is a valid exercise of police power to minimize certain practices hurtful to public morals. There is no violation o constitutional due process for being reasonable and the ordinance is enjoys the presumption of constitutionality absent any irregularity on its face. Taxation may be made to implement a police power and the amount, object, and instance of taxation is dependent upon the local legislative body. Judgment of lower court reversed and injunction lifted.