G.R. No. L-27683 October 19, 1976
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. SILVESTRE LIWANAG alias LINDA BIE, defendant-appellant.

FACTS

The accused-appellant, Silvestre Liwanag, was charged with violating the Anti-Subversion Act (Republic Act No. 1700). The prosecution established that Liwanag joined the Hukbalahap in 1942. By 1948, he was nominated to the Central Committee of the Communist Party of the Philippines (CPP) during a conference attended by known communist leaders. He subsequently held various high-ranking positions within the CPP and its military arm, the Hukbong Mapagpalaya ng Bayan (HMB), including supervisor and adviser to a squadron in Bataan and later Chief of the Regional Military Department for Central Luzon. His duties involved implementing orders, supervising armed forces, and planning armed actions against government troops, including the capture of Orani, Bataan, in 1949 and Camp Makabulos in Tarlac in 1950. He was captured by Philippine Constabulary forces in Orion, Bataan, on June 21, 1960.
During trial, Liwanag admitted his membership and leadership in the Hukbalahap and HMB from 1948 to 1960. He raised several defenses, including a motion to quash the information on grounds of double jeopardy and that RA 1700 was an ex post facto law. He argued he had been previously convicted of rebellion for acts committed before June 20, 1957. He also contested the promulgation of the judgment, claiming it was done by the wrong judge in the wrong venue. The trial court found him guilty and sentenced him to reclusion perpetua.

ISSUE

The primary issue is whether the conviction of Silvestre Liwanag under the Anti-Subversion Act is valid despite his claims of double jeopardy, ex post facto law, and procedural defects in the promulgation of the judgment.

RULING

The Supreme Court affirmed the conviction. On the claim of double jeopardy, the Court ruled it was inapplicable. The previous conviction for rebellion covered acts only up to June 19, 1957. The charge under RA 1700 specifically pertained to his continued leadership and subversive acts from June 20, 1957 (the effectivity date of the Anti-Subversion Act), until his capture on June 21, 1960. These are distinct periods and offenses; rebellion is a crime against public order, while subversion under RA 1700 is a separate statutory offense defined by membership and leadership in a subversive association.
Regarding the ex post facto challenge, the Court found no merit. An ex post facto law retroactively punishes an act innocent when done. Liwanag’s subversive activities, including his continued leadership in the CPP/HMB, were ongoing after the law’s effectivity. The law was applied prospectively to punish his conduct during the period it was in force, not to penalize pre-enactment membership.
Finally, the procedural objections were dismissed. The records showed Liwanag was detained at Fort Bonifacio in Makati, Rizal, not Camp Crame in Quezon City, during trial. The promulgation of the decision by Judge Tito V. Tizon in the sala of Judge Pedro Navarro of the Court of First Instance of Rizal was valid. This was done upon request of the Bataan court and pursuant to court rules, as the reading of a decision is a ministerial act that may be delegated. The judgment was therefore affirmed in its entirety.