SECOND DIVISION

[G.R. No. 125359. September 4, 2001.]

ROBERTO S. BENEDICTO and HECTOR T. RIVERA , petitioners, vs . THE

COURT OF APPEALS, HON. GUILLERMO L. LOJA, SR., PRESIDING
JUDGE, REGIONAL TRIAL COURT OF MANILA, BRANCH 26, and
PEOPLE OF THE PHILIPPINES , respondents.

Gonzales Sinense Jimenez and Associates for petitioners.

The Solicitor General for respondents.

SYNOPSIS

In 1991 to 1992, petitioners, together with former First Lady Imelda Marcos,
were charged with twenty- ve (25) informations at the RTC for dollar salting (violation
of Central Bank (CB) Circular No. 960). The complaints alleged that petitioners
maintained foreign exchange abroad without prior authorization from and failed to
report earnings or receipts to the CB. Petitioners posted bail, entered pleas and led
various motions and pleadings. On November 3, 1990, petitioners entered into a
compromise agreement with the government regarding Sandiganbayan Civil Cases
Nos. 9, 24 and 34, Tanodbayan (PhilAsia), and PCGG I.S. No. 1. Meanwhile, CB Circular
No. 1318 revised the rules governing non-trade foreign exchange transactions and
Circular No. 1353 deleted the requirement of prior Central Bank approval for foreign
exchange-funded expenditures obtained from the banking system. Both circulars
contained a saving clause exempting from its coverage pending criminal actions
involving violations of Circular No. 960 and Circular No. 1318, respectively. Motions to
quash were then led on grounds of lack of jurisdiction, forum shopping, irregular
conduct of preliminary investigation, extinction of criminal liability and the grant of
absolute immunity as a result of the compromise agreement. It was alleged that the
dollar-salting charges were violations of the Anti-Graft Law (R.A. 3019) falling under the
original jurisdiction of the Sandiganbayan and that the act of receiving interest earnings
on Treasury Notes is an element of the offense of prohibited transactions. On certiorari,
the Court of Appeals dismissed the same for lack of merit, hence, the present recourse.
Meanwhile, petitioner Benedicto passed away.
Jurisdiction of a court to try a criminal case is determined by the law in force at
the time the action is instituted. The cases led against petitioners were punishable by
imprisonment of not more than six years. Under P.D. No. 1606, the Sandiganbayan has
no jurisdiction over cases where the imposable penalty is less than six (6) years.
There is no forum shopping where the acts sought to be penalized (failure to
report the interest earning from foreign exchange accounts in Circular No. 960 and
receipt of said interest earning in R.A. 3019) refer to two distinct offenses. The
prosecution under one law is not an obstacle under the other law.
Preliminary investigation is not part of the due process clause of the Constitution
but a personal right which may be waived expressly or by implication. Without
demanding proper preliminary investigation before plea, petitioners are deemed to
have waived the right.
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 The rule that absolute repeal of a penal law has the effect of depriving a court of
its authority to punish a person charged with violation of the old law prior to its repeal
is subject to exceptions, one of which is the inclusion of a saving clause in the repealing
law, which is present in the case at bar. Thus, the pending cases of petitioners are not
affected by the repeal.
The period of recovery of ill-gotten wealth, pursuant to the explicit command of
the Provisional Constitution, commenced to run only after the EDSA Revolution of
February, 1986. The criminal actions against petitioners were led in 1991-92, a period
well within the eight (8)-year prescriptive period.
The compromise agreement entered into by petitioner with the government
refers only to cases speci cally mentioned therein. There was no mention of the
criminal cases for violations of Circular No. 960. It does not include violations of
Circular No. 960.
The death of the accused prior to nal judgment terminates his criminal liability
as well as the civil liability based solely thereon.

SYLLABUS

1. REMEDIAL LAW; COURTS; JURISDICTION DETERMINED BY LAW IN FORCE AT TIME

ACTION IS INSTITUTED. Settled is the rule that the jurisdiction of a court to try a criminal
case is determined by the law in force at the time the action is instituted. The 25 cases
were filed in 199192. The applicable law on jurisdiction then was Presidential Decree
1606. Under P.D. No. 1606, offenses punishable by imprisonment of not more than six
years fall within the jurisdiction of the regular trial courts, not the Sandiganbayan.
2. ID.; SANDIGANBAYAN; WITH NO JURISDICTION TO TRY CRIMINAL CASES WHERE
IMPOSABLE PENALTY IS LESS THAN SIX (6) YEARS IMPRISONMENT. In the instant
case, all the Informations are for violations of Circular No. 960 in relation to Section 34 of
the Central Bank Act and not, as petitioners insist, for the transgressions of Republic Act
No. 3019. Pursuant to Section 34 of Republic Act No. 265, violations of Circular No. 960
are punishable by imprisonment of not more than five years and a fine of not more than
P20,000.00. Since under P.D. No. 1606 the Sandiganbayan has no jurisdiction to try
criminal cases where the imposable penalty is less than six years of imprisonment, the
cases against petitioners for violations of Circular No. 960 are, therefore, cognizable by the
trial court. No error may thus be charged to the Court of Appeals when it held that the RTC
of Manila had jurisdiction to hear and try the dollar-salting cases.
3. ID.; ACTIONS; FORUM SHOPPING; REQUISITES. For a charge of forum shopping
to prosper, there must exist between an action pending in one court and another action
before another court: (a) identity of parties, or at least such parties as represent the same
interests in both actions; (b) identity of rights asserted and relief prayed for, the relief
being founded on the same facts; and (c) the identity of the two preceding particulars is
such that any judgment rendered in the other action will, regardless of which party is
successful, amount to res judicata in the action under consideration.
4. ID.; ID.; ID.; CASE AT BAR. Here, we find that the single act of receiving unreported
interest earnings on Treasury Notes held abroad constitutes an offense against two or
more distinct and unrelated laws, Circular No. 960 and R.A. 3019. Said laws define distinct
offenses, penalize different acts, and can be applied independently. Hence, no fault lies at
the prosecution's door for having instituted separate cases before separate tribunals
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 involving the same subject matter. With respect to the RTC cases, the receipt of the
interest earnings violate Circular No. 960 in relation to Republic Act No. 265 because the
same was unreported to the Central Bank. The act to be penalized here is the failure to
report the interest earnings from the foreign exchange accounts to the proper authority.
As to the anti-graft cases before the Sandiganbayan involving the same interest earnings
from the same foreign exchange accounts, the receipt of the interest earnings
transgresses Republic Act No. 3019 because the act of receiving such interest is a
prohibited transaction prejudicial to the government. What the State seeks to punish in
these anti-graft cases is the prohibited receipt of the interest earnings. In sum, there is no
identity of offenses charged, and prosecution under one law is not an obstacle to a
prosecution under the other law. There is no forum shopping.
5. ID.; CRIMINAL PROCEDURE; PRELIMINARY INVESTIGATION; NOT PART OF DUE
PROCESS AND CAN BE WAIVED EXPRESSLY OR BY IMPLICATION. Preliminary
investigation is not part of the due process guaranteed by the Constitution. It is an inquiry
to determine whether there is sufficient ground to engender a well-founded belief that a
crime has been committed and the respondent is probably guilty thereof. Instead, the right
to a preliminary investigation is personal. It is afforded to the accused by statute, and can
be waived, either expressly or by implication. The waiver extends to any irregularity in the
preliminary investigation, where one was conducted. SDTcAH

6. ID.; ID.; ID.; ID.; IRREGULARITY IN CONDUCT THEREOF OR RIGHT TO ASK NEW
PRELIMINARY INVESTIGATION WAIVED BY POSTING BAIL, ENTER OF PLEA AND FILING
VARIOUS MOTIONS AND PLEADINGS. Petitioners, in the above excerpts from this
petition, admit posting bail immediately following their return to the country, entered their
respective pleas to the charges, and filed various motions and pleadings. By so doing,
without simultaneously demanding a proper preliminary investigation, they have waived
any and all irregularities in the conduct of a preliminary investigation. The trial court did not
err in denying the motion to quash the informations on the ground of want of or improperly
conducted preliminary investigation. The absence of a preliminary investigation is not a
ground to quash the information.
7. POLITICAL LAW; STATUTES; REPEAL; EXCEPTIONS. As a rule, an absolute repeal
of a penal law has the effect of depriving a court of its authority to punish a person
charged with violation of the old law prior to its repeal. This is because an unqualified
repeal of a penal law constitutes a legislative act of rendering legal what has been
previously declared as illegal, such that the offense no longer exists and it is as if the
person who committed it never did so. There are, however, exceptions to the rule. One is
the inclusion of a saving clause in the repealing statute that provides that the repeal shall
have no effect on pending actions. Another exception is where the repealing act reenacts
the former statute and punishes the act previously penalized under the old law. In such
instance, the act committed before the reenactment continues to be an offense in the
statute books and pending cases are not affected, regardless of whether the new penalty
to be imposed is more favorable to the accused.

8. ID.; ID.; ID.; ID.; SAVING CLAUSE IN CASE AT BAR. In the instant case, it must be
noted that despite the repeal of Circular No. 960, Circular No. 1353 retained the same
reportorial requirement for residents receiving earnings or profits from non-trade foreign
exchange transactions. Second, even the most cursory glance at the repealing circulars,
Circular Nos. 1318 and 1353 shows that both contain a saving clause, expressly providing
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 that the repeal of Circular No. 960 shall have no effect on pending actions for violation of
the latter Circular. A saving clause operates to except from the effect of the repealing law
what would otherwise be lost under the new law. In the present case, the respective saving
clauses of Circular Nos. 1318 and 1353 clearly manifest the intent to reserve the right of
the State to prosecute and punish offenses for violations of the repealed Circular No. 960,
where the cases are either pending or under investigation.
9. ID.; ID.; ID.; EFFECT OF SIMULTANEOUS REPEAL AND REENACTMENT OF CLAUSE,
PROVISION OR STATUTE; CASE AT BAR. While Section 34 of Republic Act No. 265 was
repealed, it was nonetheless, simultaneously reenacted in Section 36 of Republic Act No.
7653. Where a clause or provision or a statute for that matter is simultaneously repealed
and reenacted, there is no effect, upon the rights and liabilities which have accrued under
the original statute, since the reenactment, in effect "neutralizes" the repeal and continues
the law in force without interruption. The rule applies to penal laws and statutes with penal
provisions. Thus, the repeal of a penal law or provision, under which a person is charged
with violation thereof and its simultaneous reenactment penalizing the same act done by
him under the old law, will neither preclude the accused's prosecution nor deprive the court
of its jurisdiction to hear and try his case. As pointed out earlier, the act penalized before
the reenactment continues to remain an offense and pending cases are unaffected.
Therefore, the repeal of Republic Act No. 265 by Republic Act No. 7653 did not extinguish
the criminal liability of petitioners for transgressions of Circular No. 960 and cannot, under
the circumstances of this case, be made a basis for quashing the indictments against
petitioners.
10. ID.; ID.; EX POST FACTO LAW, CONSTRUED. An ex post facto law is one which:
(1) makes criminal an act done before the passage of the law and which was innocent
when done, and punishes such an act; (2) aggravates a crime, or makes it greater than it
was when committed; (3) changes the punishment and inflicts a greater punishment than
the law annexed to the crime when committed; (4) alters the legal rules of evidence, and
authorizes conviction upon less or different testimony than the law required at the time of
the commission of the offense; (5) assuming to regulate civil rights, and remedies only, in
effect imposes penalty or deprivation of a right for something which when done was
lawful; and (6) deprives a person accused of a crime of some lawful protection to which he
has become entitled such as the protection of a former conviction or acquittal, or a
proclamation of amnesty.
11. ID.; ID.; ID.; TEST. The test whether a penal law runs afoul of the ex post facto
clause of the Constitution is: Does the law sought to be applied retroactively take "from an
accused any right that was regarded at the time of the adoption of the constitution as vital
for the protection of life and liberty and which he enjoyed at the time of the commission of
the offense charged against him?"
12. ID.; ID.; PENAL LAWS GIVEN PROSPECTIVE APPLICATION. Penal laws and laws
which while not penal in nature, nonetheless have provisions defining offenses and
prescribing penalties for their violation operate prospectively. Penal laws cannot be given
retroactive effect, except when they are favorable to the accused.
13. ID.; ID.; R.A. NO. 7653, NOT AN EX POST FACTO LAW. Nowhere in Republic Act
No. 7653, and in particular Section 36, is there any indication that the increased penalties
provided therein were intended to operate retroactively. There is, therefore, no ex post
facto law in this case.
14. CRIMINAL LAW; PRESCRIPTION OF ACTIONS; PERIOD FOR RECOVERING ILL-
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 GOTTEN WEALTH COMMENCES TO RUN ONLY AFTER EDSA REVOLUTION. In the
instant case, prescription cannot, therefore, be made to run from the dates of the
commission of the offenses charged, for the obvious reason that the commission of those
offenses were not known as of those dates. It was only after the EDSA Revolution of
February, 1986, that the recovery of ill-gotten wealth become a highly prioritized state
policy, pursuant to the explicit command of the Provisional Constitution. To ascertain the
relevant facts to recover "ill-gotten properties amassed by the leaders and supporters of
the (Marcos) regime" various government agencies were tasked by the Aquino
administration to investigate, and as the evidence on hand may reveal, file and prosecute
the proper cases. Applying the presumption "that official duty has been regularly
performed", we are more inclined to believe that the violations for which petitioners are
charged were discovered only during the post-February 1986 investigations and the tolling
of the prescriptive period should be counted from the dates of discovery of their
commission. The criminal actions against petitioners, which gave rise to the instant case,
were filed in 1991 and 1992, or well within the eight-year prescriptive period counted from
February 1986.
15. COMMERCIAL LAW; BANKING LAWS; CENTRAL BANK CIRCULAR NO. 960
(EXEMPTING REPORTING REQUIREMENT); CONDITION REQUIRED; BANK SPECIFIED IS
PHILIPPINE BANK, NOT FOREIGN BANK. Petitioners correctly point out that Section
10(q) of Circular No. 960 exempts from the reporting requirement foreign currency eligible
for deposit under the Philippine Foreign Exchange Currency Deposit system, pursuant to
Republic Act No. 6426, as amended. But, in order to avail of the aforesaid exemption,
petitioners must show that they fall within its scope. Petitioners must satisfy the
requirements for eligibility imposed by Section 2, Republic Act No. 6426. Not only do we
find the record bare of any proof to support petitioners' claim of falling within the coverage
of Republic Act No. 6426, we likewise find from a reading of Section 2 of the Foreign
Currency Deposit Act that said law is inapplicable to the foreign currency accounts in
question. Section 2, Republic Act No. 6426 speaks of "deposit with such Philippine banks
in good standing, as may . . . be designated by the Central Bank for the purpose." The
criminal cases filed against petitioners for violation of circular No. 960 involve foreign
currency accounts maintained in foreign banks, not Philippine banks. By invoking the
confidentiality guarantees provided for the Swiss banking laws, petitioners admit such
reports made. The rule is that exceptions are strictly construed and apply only so far as
their language fairly warrants, with all doubts being resolved in favor of the general proviso
rather than the exception. Hence, petitioners may not claim exemption under Section
10(q).
16. REMEDIAL LAW; EVIDENCE; FOREIGN JURISDICTION; HOW PROVED; CASE AT
BAR. With respect to the banking laws of Switzerland cited by petitioners, the rule is that
Philippine courts cannot take judicial notice of foreign laws. Laws of foreign jurisdictions
must be alleged and proved. Petitioners failed to prove the Swiss law relied upon, either
by: (1) an official publication thereof; or (2) a copy attested by the officer having the legal
custody of the record, or by his deputy, and accompanied by a certification from the
secretary of the Philippine embassy or legation in such country or by the Philippine consul
general, consul, vice-consul, or consular agent stationed in such country, or by any other
authorized officer in the Philippine foreign service assigned to said country that such
officer has custody. Absent such evidence, this Court cannot take judicial cognizance of
the foreign law invoked by Benedicto and Rivera.
17. CIVIL LAW; OBLIGATIONS AND CONTRACTS; INTENT OF PARTIES, ASCERTAINED
IN CONSTRUCTION OF CONTRACTS. In construing contracts, it is important to ascertain
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 the intent of the parties by looking at the words employed to project their intention. In the
instant case, the parties clearly listed and limited the applicability of the Compromise
Agreement to the cases listed or identified therein.
18. REMEDIAL LAW; PAROL EVIDENCE; WHERE PARTIES HAVE REDUCED
AGREEMENT IN WRITING, CONTENTS OF WRITING CONSTITUTE AGREEMENT OF
PARTIES; CASE AT BAR. Nowhere is there a mention of the criminal cases filed against
petitioners for violations of Circular No. 960. Conformably with Article 1370 of the Civil
Code, the Agreement relied upon by petitioners should include only cases specifically
mentioned therein. Applying the parol evidence rule, where the parties have reduced their
agreement into writing, the contents of the writing constitute the sole repository of the
terms of the agreement between the parties. Whatever is not found in the text of the
Agreement should thus be construed as waived and abandoned. Scrutiny of the
Compromise Agreement will reveal that it does not include all cases filed by the
government against Benedicto, his family, and associates.
19. CIVIL LAW; OBLIGATIONS AND CONTRACT; CONTRACT CANNOT BE CONSTRUED
TO INCLUDE MATTERS DISTINCT FROM THOSE INTENDED BY PARTIES. Additionally,
the immunity covers only "criminal investigation or prosecution against said persons for
acts (or) omissions committed prior to February 25, 1986 that may be alleged to have
violated any penal laws, including but not limited to Republic Act No. 3019, in relation to
the acquisition of any asset treated, mentioned, or included in this Agreement." It is only
when the criminal investigation or case involves the acquisition of any ill-gotten wealth
"treated, mentioned, or include in this Agreement" that petitioners may invoke immunity.
The record is bereft of any showing that the interest earnings from foreign exchange
deposits in bank abroad, which is the subject matter of the present case, are, "treated,
mentioned, or included" in the Compromise Agreement. The phraseology of the grant of
absolute immunity in the Agreement precludes us from applying the same to the criminal
charge faced by petitioners for violations of Circular No. 960. A contract cannot be
construed to include matters distinct from those with respect to which the parties
intended to contract.

20. CRIMINAL LAW; EXTINCTION OF CRIMINAL LIABILITY; DEATH OF ACCUSED; CASE

AT BAR. During the pendency of this petition, counsel for petitioner Roberto S. Benedicto
gave formal notice to the Court that said petitioner died on May 15, 2000. The death of an
accused prior to final judgment terminates his criminal liability as well as the civil liability
based solely thereon.

DECISION

QUISUMBING , J : p

Assailed in this petition is the consolidated decision rendered on May 23, 1996, by the
Court of Appeals in CA-G.R. SP No. 35928 and CA-G.R. SP No. 35719. CA-G.R. SP No.
35928 had affirmed the order dated September 6, 1994, of the Regional Trial Court, Manila,
Branch 26, insofar as it denied petitioners' respective Motions to Quash the Informations
in twenty-five (25) criminal cases for violation of Central Bank Circular No. 960. Therein
included were informations involving: (a) consolidated Criminal Cases Nos. 91-101879 to
91-101883 filed against Mrs. Imelda R Marcos, Roberto S. Benedicto, and Hector T. Rivera;
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 (b) consolidated Criminal Cases Nos. 91-101884 to 91-101892 filed against Mrs. Marcos
and Benedicto; and (c) Criminal Cases Nos. 92-101959 to 92-101969 also against Mrs.
Marcos and Benedicto. Note, however, that the Court of Appeals already dismissed
Criminal Case No. 91-101884.
The factual antecedents of the instant petition are as follows:
On December 27, 1991, Mrs. Imelda Marcos and Messrs. Benedicto and Rivera were
indicted for violation of Section 10 of Circular No. 960 1 in relation to Section 34 2 of the
Central Bank Act (Republic Act No. 265, as amended) in five Informations filed with the
Regional Trial Court of Manila. Docketed as Criminal Cases Nos. 91-101879 to 91-101883,
the charge sheets alleged that the trio failed to submit reports of their foreign exchange
earnings from abroad and/or failed to register with the Foreign Exchange Department of
the Central Bank within the period mandated by Circular No. 960. Said Circular prohibited
natural and juridical persons from maintaining foreign exchange accounts abroad without
prior authorization from the Central Bank. 3 It also required all residents of the Philippines
who habitually earned or received foreign currencies from invisibles, either locally or
abroad, to report such earnings or receipts to the Central Bank. Violations of the Circular
were punishable as a criminal offense under Section 34 of the Central Bank Act.
That same day, nine additional Informations charging Mrs. Marcos and Benedicto with the
same offense, but involving different accounts, were filed with the Manila RTC, which
docketed these as Criminal Cases Nos. 91-101884 to 91-101892. The accusatory portion
of the charge sheet in Criminal Case No. 91-101888 reads:
That from September 1, 1983 up to 1987, both dates inclusive, and for sometime
thereafter, both accused, conspiring and confederating with each other and with
the late President Ferdinand E. Marcos, all residents of Manila, Philippines, and
within the jurisdiction of this Honorable Court, did then and there wilfully,
unlawfully and feloniously fail to submit reports in the prescribed form and/or
register with the Foreign Exchange Department of the Central Bank within 90 days
from October 21, 1983 as required of them being residents habitually/customarily
earning, acquiring or receiving foreign exchange from whatever source or from
invisibles locally or from abroad, despite the fact they actually earned interests
regularly every six (6) months for the first two years and then quarterly thereafter
for their investment of $50-million, later reduced to $25-million in December 1985,
in Philippine-issued dollar denominated treasury notes with floating rates and in
bearer form, in the name of Bank Hofmann, AG, Zurich, Switzerland, for the
benefit of Avertina Foundation, their front organization established for economic
advancement purposes with secret foreign exchange account Category (Rubric)
C.A.R. No. 211 925-02 in Swiss Credit Bank (also known as SKA) in Zurich,
Switzerland, which earned, acquired or received for the accused Imelda
Romualdez Marcos and her late husband an interest of $2,267,892 as of
December 16, 1985 which was remitted to Bank Hofmann, AG, through Citibank,
New York, United States of America, for the credit of said Avertina account on
December 19, 1985, aside from the redemption of $25 million (one-half of the
original $50-M) as of December 16, 1985 and outwardly remitted from the
Philippines in the amounts of $7,495,297.49 and $17,489,062.50 on December
18, 1985 for further investment outside the Philippines without first complying
with the Central Bank reporting/registering requirements.

CONTRARY TO LAW. 4
The other charge sheets were similarly worded except the days of the commission of the
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 offenses, the name(s) of the alleged dummy or dummies, amounts in the foreign exchange
accounts maintained, and the names of the foreign banks where such accounts were held
by the accused.
On January 3, 1992, eleven more Informations accusing Mrs. Marcos and Benedicto of the
same offense, again in relation to different accounts, were filed with the same court,
docketed as Criminal Cases Nos. 92-101959 to 92-101969. The Informations were
similarly worded as the earlier indictments, save for the details as to the dates of the
violations of Circular No. 960, the identities of the dummies used, the balances and
sources of the earnings, and the names of the foreign banks where these accounts were
maintained.
All of the aforementioned criminal cases were consolidated before Branch 26 of the said
trial court.
On the same day that Criminal Cases Nos. 92-101959 to 92-101969 were filed, the Central
Bank issued Circular No. 1318 5 which revised the rules governing non-trade foreign
exchange transactions. It took effect on January 20, 1992.
On August 24, 1992, the Central Bank, pursuant to the government's policy of further
liberalizing foreign exchange transactions, came out with Circular No. 1353, 6 which
amended Circular No. 1318. Circular No. 1353 deleted the requirement of prior Central
Bank approval for foreign exchange-funded expenditures obtained from the banking
system.
Both of the aforementioned circulars, however, contained a saving clause, excepting from
their coverage pending criminal actions involving violations of Circular No. 960 and, in the
case of Circular No. 1353, violations of both Circular No. 960 and Circular No. 1318.
On September 19, 1993, the government allowed petitioners Benedicto and Rivera to
return to the Philippines, on condition that they face the various criminal charges instituted
against them, including the dollar-salting cases. Petitioners posted bail in the latter cases.
On February 28, 1994, petitioners Benedicto and Rivera were arraigned. Both pleaded not
guilty to the charges of violating Central Bank Circular No. 960. Mrs. Marcos had earlier
entered a similar plea during her arraignment for the same offense on February 12, 1992.
On August 11, 1994, petitioners moved to quash all the Informations filed against them in
Criminal Cases Nos. 91-101879 to 91-101883; 91-101884 to 91-101892, and 91-101959
to 91-101969. Their motion was grounded on lack of jurisdiction, forum shopping,
extinction of criminal liability with the repeal of Circular No. 960, prescription, exemption
from the Central Bank's reporting requirement, and the grant of absolute immunity as a
result of a compromise agreement entered into with the government.
On September 6, 1994, the trial court denied petitioners' motion. A similar motion filed on
May 23, 1994 by Mrs. Marcos seeking to dismiss the dollar-salting cases against her due
to the repeal of Circular No. 960 had earlier been denied by the trial court in its order dated
June 9, 1994. Petitioners then filed a motion for reconsideration, but the trial court likewise
denied this motion on October 18, 1994.
On November 21, 1994, petitioners moved for leave to file a second motion for
reconsideration. The trial court, in its order of November 23, 1994, denied petitioners'
motion and set the consolidated cases for trial on January 5, 1995.

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 Two separate petitions for certiorari and prohibition, with similar prayers for temporary
restraining orders and/or writs of preliminary junction, docketed as CA-G.R. SP No. 35719
and CA-G.R. SP No. 35928, were respectively filed by Mrs. Marcos and petitioners with the
Court of Appeals. Finding that both cases involved violations of Central Bank Circular No.
960, the appellate court consolidated the two cases.
On May 23, 1996, the Court of Appeals disposed of the consolidated cases as follows:
WHEREFORE, finding no grave abuse of discretion on the part of respondent
Judge in denying petitioners' respective Motions to Quash, except that with
respect to Criminal Case No. 91-101884, the instant petitions are hereby
DISMISSED for lack of merit. The assailed September 6, 1994 Order, in so far as it
denied the Motion to Quash Criminal Case No. 91-101884 is hereby nullified and
set aside, and said case is hereby dismissed. Costs against petitioners.

SO ORDERED. 7
Dissatisfied with the said decision of the court a quo, except with respect to the portion
ordering the dismissal of Criminal Case No. 91-101884, petitioners filed the instant
petition, attributing the following errors to the appellate court:
THAT THE COURT ERRED IN NOT FINDING THAT THE
INFORMATIONS/CASES FILED AGAINST PETITIONERS-APPELLANTS ARE
QUASHABLE BASED ON THE FOLLOWING GROUNDS:
(A) LACK OF JURISDICTION/FORUM SHOPPING/NO VALID PRELIMINARY
INVESTIGATION
(B) EXTINCTION OF CRIMINAL LIABILITY
1) REPEAL OF CB CIRCULAR NO. 960 BY CB CIRCULAR NO. 1353;
2) REPEAL OF R.A. 265 BY R.A. 7653 8
(C) PRESCRIPTION
(D) EXEMPTION FROM CB REPORTING REQUIREMENT
(E) GRANT OF ABSOLUTE IMMUNITY. 9
Simply stated, the issues for our resolution are:
(1) Did the Court of Appeals err in denying the Motion to Quash for lack
of jurisdiction on the part of the trial court, forum shopping by the
prosecution, and absence of a valid preliminary investigation?

(2) Did the repeal of Central Bank Circular No. 960 and Republic Act No.
265 by Circular No. 1353 and Republic Act No. 7653 respectively,
extinguish the criminal liability of petitioners?
(3) Had the criminal cases in violation of Circular No. 960 already
prescribed?
(4) Were petitioners exempted from the application and coverage of
Circular No. 960?
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 (5) Were petitioners' alleged violations of Circular No. 960 covered by
the absolute immunity granted in the Compromise Agreement of
November 3, 1990?
On the first issue, petitioners assail the jurisdiction of the Regional Trial Court. They aver
that the dollar-salting charges filed against them were violations of the Anti-Graft Law or
Republic Act No. 3019, and the Sandiganbayan has original and exclusive jurisdiction over
their cases.
Settled is the rule that the jurisdiction of a court to try a criminal case is determined by the
law in force at the time the action is instituted. 1 0 The 25 cases were filed in 1991-92. The
applicable law on jurisdiction then was Presidential Decree 1606. 1 1 Under P.D. No. 1606,
offenses punishable by imprisonment of not more than six years fall within the jurisdiction
of the regular trial courts, not the Sandiganbayan. 1 2
In the instant case, all the Informations are for violations of Circular No. 960 in relation to
Section 34 of the Central Bank Act and not, as petitioners insist, for transgressions of
Republic Act No. 3019. Pursuant to Section 34 of Republic Act No. 265, violations of
Circular No. 960 are punishable by imprisonment of not more than five years and a fine of
not more than P20,000.00. Since under P.D. No. 1606 the Sandiganbayan has no
jurisdiction to try criminal cases where the imposable penalty is less than six years of
imprisonment, the cases against petitioners for violations of Circular No. 960 are,
therefore, cognizable by the trial court. No error may thus be charged to the Court of
Appeals when it held that the RTC of Manila had jurisdiction to hear and try the dollar-
salting cases.
Still on the first issue, petitioners next contend that the filing of the cases for violations of
Circular No. 960 before the RTC of Manila constitutes forum shopping. Petitioners argue
that the prosecution, in an attempt to seek a favorable verdict from more than one tribunal,
filed separate cases involving virtually the same offenses before the regular trial courts
and the Sandiganbayan. They fault the prosecution with splitting the cases. Petitioners
maintain that while the RTC cases refer only to the failure to report interest earnings on
Treasury Notes, the Sandiganbayan cases seek to penalize the act of receiving the same
interest earnings on Treasury Notes in violation of the Anti-Graft Law's provisions on
prohibited transactions. Petitioners aver that the violation of Circular No. 960 is but an
element of the offense of prohibited transactions punished under Republic Act No. 3019
and should, thus, be deemed absorbed by the prohibited transactions cases pending
before the Sandiganbayan.
For a charge of forum shopping to prosper, there must exist between an action pending in
one court and another action before another court: (a) identity of parties, or at least such
parties as represent the same interests in both actions; (b) identity of rights asserted and
relief prayed for, the relief being founded on the same facts; and (c) the identity of the two
preceding particulars is such that any judgment rendered in the other action will,
regardless of which party is successful, amount to res judicata in the action under
consideration. 1 3 Here, we find that the single act of receiving unreported interest earnings
on Treasury Notes held abroad constitutes an offense against two or more distinct and
unrelated laws, Circular No. 960 and R.A. 3019. Said laws define distinct offenses, penalize
different acts, and can be applied independently. 1 4 Hence, no fault lies at the prosecution's
door for having instituted separate cases before separate tribunals involving the same
subject matter.
With respect to the RTC cases, the receipt of the interest earnings violate Circular No. 960
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 in relation to Republic Act No. 265 because the same was unreported to the Central Bank.
The act to be penalized here is the failure to report the interest earnings from the foreign
exchange accounts to the proper authority. As to the anti-graft cases before the
Sandiganbayan involving the same interest earnings from the same foreign exchange
accounts, the receipt of the interest earnings transgresses Republic Act No. 3019 because
the act of receiving such interest is a prohibited transaction prejudicial to the government.
What the State seeks to punish in these anti graft cases is the prohibited receipt of the
interest earnings. In sum, there is no identity of offenses charged, and prosecution under
one law is not an obstacle to a prosecution under the other law. There is no forum
shopping.
Finally, on the first issue, petitioners contend that the preliminary investigation by the
Department of Justice was invalid and in violation of their rights to due process.
Petitioners argue that government's ban on their travel effectively prevented them from
returning home and personally appearing at the preliminary investigation. Benedicto and
Rivera further point out that the joint preliminary investigation by the Department of
Justice, resulted to the charges in one set of cases before the Sandiganbayan for
violations of Republic Act No. 3019 and another set before the RTC for violation of Circular
No. 960.
Preliminary investigation is not part of the due process guaranteed by the Constitution. 1 5
It is an inquiry to determine whether there is sufficient ground to engender a well-founded
belief that a crime has been committed and the respondent is probably guilty thereof. 1 6
Instead, the right to a preliminary investigation is personal. It is afforded to the accused by
statute, and can be waived, either expressly or by implication. 1 7 The waiver extends any
irregularity in the preliminary investigation, where one was conducted.
The petition in the present case contains the following admissions:
1. Allowed to return to the Philippines on September 19, 1993 . . . on the
condition that he face the criminal charges pending in courts, petitioner-appellant
Benedicto, joined by his co-petitioner Rivera, lost no time in attending to the
pending criminal charges by posting bail in the above-mentioned cases.
2. Not having been afforded a real opportunity of attending the preliminary
investigation because of their forced absence from the Philippines then,
petitioners-appellants invoked their right to due process thru motions for
preliminary investigation . . . Upon denial of their demands for preliminary
investigation, the petitioners intended to elevate the matter to the Honorable Court
of Appeals and actually caused the filing of a petition for certiorari/prohibition
sometime before their arraignment but immediately caused the withdrawal
thereof . . . in view of the prosecution's willingness to go to pre-trial wherein
petitioners would be allowed access to the records of preliminary investigation
which they could use for purposes of filing a motion to quash if warranted.

3. Thus, instead of remanding the Informations to the Department of Justice .

. . respondent Judge set the case for pre-trial in order to afford all the accused
access to the records of the prosecution. .

xxx xxx xxx

5. On the basis of disclosures at the pre-trial, the petitioners appellants
Benedicto and Rivera moved for the quashing of the informations/cases . . . 1 8

The foregoing admissions lead us to conclude that petitioners have expressly waived their
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 right to question any supposed irregularity in the preliminary investigation or to ask for a
new preliminary investigation. Petitioners, in the above excerpts from this petition, admit
posting bail immediately following their return to the country, entered their respective
pleas to the charges, and filed various motions and pleadings. By so doing, without
simultaneously demanding a proper preliminary investigation, they have waived any and all
irregularities in the conduct of a preliminary investigation. 1 9 The trial court did not err in
denying the motion to quash the informations on the ground of want of or improperly
conducted preliminary investigation. The absence of a preliminary investigation is not a
ground to quash the information. 2 0
On the second issue, petitioners contend that they are being prosecuted for acts
punishable under laws that have already been repealed. They point to the express repeal of
Central Bank Circular No. 960 by Circular Nos. 1318 and 1353 as well as the express
repeal of Republic Act No. 265 by Republic Act No. 7653. Petitioners, relying on Article 22
of the Revised Penal Code, 2 1 contend that repeal has the effect of extinguishing the right
to prosecute or punish the offense committed under the old laws. 2 2
As a rule, an absolute repeal of a penal law has the effect of depriving a court of its
authority to punish a person charged with violation of the old law prior to its repeal. 2 3 This
is because an unqualified repeal of a penal law constitutes a legislative act of rendering
legal what had been previously declared as illegal, such that the offense no longer exists
and it is as if the person who committed it never did so. There are, however, exceptions to
the rule. One is the inclusion of a saving clause in the repealing statute that provides that
the repeal shall have no effect on pending actions. 2 4 Another exception is where the
repealing act reenacts the former statute and punishes the act previously penalized under
the old law. In such instance, the act committed before the reenactment continues to be an
offense in the statute books and pending cases are not affected, regardless of whether
the new penalty to be imposed is more favorable to the accused. 2 5

In the instant case, it must be noted that despite the repeal of Circular No. 960, Circular No.
1353 retained the same reportorial requirement for residents receiving earnings or profits
from non-trade foreign exchange transactions. 2 6 Second, even the most cursory glance at
the repealing circulars, Circular Nos. 1318 and 1353 shows that both contain a saving
clause, expressly providing that the repeal of Circular No. 960 shall have no effect on
pending actions for violation of the latter Circular. 2 7 A saving clause operates to except
from the effect of the repealing law what would otherwise be lost under the new law. 2 8 In
the present case, the respective saving clauses of Circular Nos. 1318 and 1353 clearly
manifest the intent to reserve the right of the State to prosecute and punish offenses for
violations of the repealed Circular No. 960, where the cases are either pending or under
investigation.
Petitioners, however, insist that the repeal of Republic Act No. 265, particularly Section 34,
2 9 by Republic Act No. 7653, removed the applicability of any penal sanction for violations
of any non-trade foreign exchange transactions previously penalized by Circular No. 960.
Petitioners posit that a comparison of the two provisions shows that Section 36 3 0 of
Republic Act No. 7653 neither retained nor reinstated Section 34 of Republic Act No. 265.
Since, in creating the Bangko Sentral ng Pilipinas, Congress did not include in its charter a
clause providing for the application of Section 34 of Republic Act No. 265 to pending
cases, petitioners' pending dollar-salting cases are now bereft of statutory penalty, the
saving clause in Circular No. 1353 notwithstanding. In other words, absent a provision in
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 Republic Act No. 7653 expressly reviving the applicability of any penal sanction for the
repealed mandatory foreign exchange reporting regulations formerly required under
Circular No. 960, violations of aforesaid repealed Circular can no longer be prosecuted
criminally.
A comparison of the old Central Bank Act and the new Bangko Sentral's charter repealing
the former show that in consonance with the general objective of the old law and the new
law " to maintain internal and external monetary stability in the Philippines and preserve the
international value of the peso. " 3 1 both the repealed law and the repealing statute contain
a penal clause which sought to penalize in general, violations of the law as well as orders,
instructions, rules, or regulations issued by the Monetary Board. In the case of the Bangko
Sentral, the scope of the penal clause was expanded to include violations of "other
pertinent banking laws enforced or implemented by the Bangko Sentral." In the instant
case, the acts of petitioners sought to be penalized are violations of rules and regulations
issued by the Monetary Board. These acts are proscribed and penalized in the penal clause
of the repealed law and this proviso for proscription and penalty was reenacted in the
repealing law. We find, therefore, that while Section 34 of Republic Act No. 265 was
repealed, it was nonetheless, simultaneously reenacted in Section 36 of Republic Act No.
7653. Where a clause or provision or a statute for that matter is simultaneously repealed
and reenacted, there is no effect, upon the rights and liabilities which have accrued under
the original statute, since the reenactment, in effect "neutralizes'' the repeal and continues
the law in force without interruption. 3 2 The rule applies to penal laws and statutes with
penal provisions. Thus, the repeal of a penal law or provision, under which a person is
charged with violation thereof and its simultaneous reenactment penalizing the same act
done by him under the old law, will neither preclude the accused's prosecution nor deprive
the court of its jurisdiction to hear and try his case. 3 3 As pointed out earlier, the act
penalized before the reenactment continues to remain an offense and pending cases are
unaffected. Therefore, the repeal of Republic Act No. 265 by Republic Act No. 7653 did not
extinguish the criminal liability of petitioners for transgressions of Circular No. 960 and
cannot, under the circumstances of this case, be made a basis for quashing the
indictments against petitioners.
Petitioners, however, point out that Section 36 of Republic Act No. 7653, in reenacting
Section 34 of the old Central Act, increased the penalty for violations of rules and
regulations issued by the Monetary Board. They claim that such increase in the penalty
would give Republic Act No. 7653 an ex post facto application, violating the Bill of Rights.
34

Is Section 36 of Republic Act No. 7653 an ex post facto legislation?

An ex post facto law is one which: (1) makes criminal an act done before the passage of
the law and which was innocent when done, and punishes such an act; (2) aggravates a
crime, or makes it greater than it was when committed; (3) changes the punishment and
inflicts a greater punishment than the law annexed to the crime when committed; (4) alters
the legal rules of evidence, and authorizes conviction upon less or different testimony than
the law required at the time of the commission of the offense; (5) assuming to regulate
civil rights, and remedies only, in effect imposes penalty or deprivation of a right for
something which when done was lawful; and (6) deprives a person accused of a crime of
some lawful protection to which he has become entitled such as the protection of a
former conviction or acquittal, or a proclamation of amnesty. 3 5
The test whether a penal law runs afoul of the ex post facto clause of the Constitution is:
Does the law sought to be applied retroactively take "from an accused any right that was
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 regarded at the time of the adoption of the constitution as vital for the protection of life
and liberty and which he enjoyed at the time of the commission of the offense charged
against him?" 3 6
The crucial words in the test are "vital for the protection of life and liberty." 3 7 We find,
however, the test inapplicable to the penal clause of Republic Act No. 7653. Penal laws and
laws which, while not penal in nature, nonetheless have provisions defining offenses and
prescribing penalties for their violation operate prospectively. 3 8 Penal laws cannot be
given retroactive effect, except when they are favorable to the accused. 3 9 Nowhere in
Republic Act No. 7653, and in particular Section 36, is there any indication that the
increased penalties provided therein were intended to operate retroactively. There is,
therefore, no ex post facto law in this case.
On the third issue, petitioners ask us to note that the dollar interest earnings subject of the
criminal cases instituted against them were remitted to foreign banks on various dates
between 1983 to 1987. They maintain that given the considerable lapse of time from the
dates of the commission of the offenses to the institution of the criminal actions in 1991
and 1992, the State's right to prosecute them for said offenses has already prescribed.
Petitioners assert that the Court of Appeals erred in computing the prescriptive period
from February 1986. Petitioners theorize that since the remittances were made through
the Central Bank as a regulatory authority, the dates of the alleged violations are known,
and prescription should thus be counted from these dates.
In ruling that the dollar-salting cases against petitioners have not yet prescribed, the court
a quo quoted with approval the trial court's finding that:
[T]he alleged violations of law were discovered only after the EDSA Revolution in
1986 when the dictatorship was toppled down. The date of the discovery of the
offense, therefore, should be the basis in computing the prescriptive period. Since
(the) offenses charged are punishable by imprisonment of not more than five (5)
years, they prescribe in eight (8) years. Thus, only a little more than four (4) years
had elapsed from the date of discovery in 1986 when the cases were filed in
1991. 4 0

The offenses for which petitioners are charged are penalized by Section 34 of Republic Act
No. 265 "by a fine of not more than Twenty Thousand Pesos (P20,000.00) and by
imprisonment of not more than five years." Pursuant to Act No. 3326, which mandates the
periods of prescription for violations of special laws, the prescriptive period for violations
of Circular No. 960 is eight (8) years. 4 1 The period shall commence "to run from the day of
the commission of the violation of the law, and if the same be not known at the time, from
the discovery thereof and institution of judicial proceedings for its investigation and
punishment." 4 2 In the instant case, the indictments against petitioners charged them with
having conspired with the late President Ferdinand E. Marcos in transgressing Circular No.
960. Petitioners' contention that the dates of the commission of the alleged violations
were known and prescription should be counted from these dates must be viewed in the
context of the political realities then prevailing. Petitioners, as close associates of Mrs.
Marcos, were not only protected from investigation by their influence and connections, but
also by the power and authority of a Chief Executive exercising strong-arm rule. This Court
has taken judicial notice of the fact that Mr. Marcos, his family, relations, and close
associates "resorted to all sorts of clever schemes and manipulations to disguise and hide
their illicit acquisitions." 4 3 In the instant case, prescription cannot, therefore, be made to
run from the dates of the commission of the offenses charged, for the obvious reason that
the commission of those offenses were not known as of those dates. It was only after the
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 EDSA Revolution of February, 1986, that the recovery of ill-gotten wealth became a highly
prioritized state policy, 4 4 pursuant to the explicit command of the Provisional
Constitution. 4 5 To ascertain the relevant facts to recover "ill-gotten properties amassed
by the leaders and supporters of the (Marcos) regime" 4 6 various government agencies
were tasked by the Aquino administration to investigate, and as the evidence on hand may
reveal, file and prosecute the proper cases. Applying the presumption "that official duty
has been regularly performed," 4 7 we are more inclined to believe that the violations for
which petitioners are charged were discovered only during the post-February 1986
investigations and the tolling of the prescriptive period should be counted from the dates
of discovery of their commission. The criminal actions against petitioners, which gave rise
to the instant case, were filed in 1991 and 1992, or well within the eight-year prescriptive
period counted from February 1986.

The fourth issue involves petitioners' claim that they incurred no criminal liability for
violations of Circular No. 960 since they were exempted from its coverage.
Petitioners postulate that since the purchases of treasury notes were done through the
Central Bank's Securities Servicing Department and payments of the interest were coursed
through its Securities Servicing Department/Foreign Exchange Department, their filing of
reports would be surplusage, since the requisite information were already with the Central
Bank. Furthermore, they contend that the foreign currency investment accounts in the
Swiss banks were subject to absolute confidentiality as provided for by Republic Act No.
6426, 4 8 as amended by Presidential Decree Nos. 1035, 1246, and 1453, and fell outside
the ambit of the reporting requirements imposed by Circular No. 960. Petitioners further
rely on the exemption from reporting provided for in Section 10(q), 4 9 Circular No. 960, and
the confidentiality granted to Swiss bank accounts by the laws of Switzerland.
Petitioners correctly point out that Section 10(q) of Circular No. 960 exempts from the
reporting requirement foreign currency eligible for deposit under the Philippine Foreign
Exchange Currency Deposit System, pursuant to Republic Act No. 6426, as amended. But,
in order to avail of the aforesaid exemption, petitioners must show that they fall within its
scope. Petitioners must satisfy the requirements for eligibility imposed by Section 2
Republic Act No. 6426. 5 0 Not only do we find the record bare of any proof to support
petitioners' claim of falling within the coverage of Republic Act No. 6426, we likewise find
from a reading of Section 2 of the Foreign Currency Deposit Act that said law is
inapplicable to the foreign currency accounts in question. Section 2, Republic Act No. 6426
speaks of" deposit with such Philippine banks in good standing , as may . . . be designated
by the Central Bank for the purpose." 5 1 The criminal cases filed against petitioners for
violation of Circular No. 960 involve foreign currency accounts maintained in foreign banks,
not Philippine banks. By invoking the confidentiality guarantees provided for by Swiss
banking laws, petitioners admit such reports made. The rule is that exceptions are strictly
construed and apply only so far as their language fairly warrants, with all doubts being
resolved in favor of the general proviso rather than the exception. 5 2 Hence, petitioners
may not claim exemption under Section 10(q).
With respect to the banking laws of Switzerland cited by petitioners, the rule is that
Philippine courts cannot take judicial notice of foreign laws. 5 3 Laws of foreign
jurisdictions must be alleged and proved. 5 4 Petitioners failed to prove the Swiss law relied
upon, either by: (1) an official publication thereof; or (2) a copy attested by the officer
having the legal custody of the record, or by his deputy, and accompanied by a certification
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 from the secretary of the Philippine embassy or legation in such country or by the
Philippine consul general, consul, vice-consul, or consular agent stationed in such country,
or by any other authorized officer in the Philippine foreign service assigned to said country
that such officer has custody. 5 5 Absent such evidence, this Court cannot take judicial
cognizance of the foreign law invoked by Benedicto and Rivera.
Anent the fifth issue, petitioners insist that the government granted them absolute
immunity under the Compromise Agreement they entered into with the government on
November 3, 1990. Petitioners cite our decision in Republic v. Sandiganbayan, 226 SCRA
314 (1993), upholding the validity of the said Agreement and directing the various
government agencies to be consistent with it. Benedicto and Rivera now insist that the
absolute immunity from criminal investigation or prosecution granted to petitioner
Benedicto, his family, as well as to officers and employees of firms owned or controlled by
Benedicto under the aforesaid Agreement covers the suits filed for violations of Circular
No. 960, which gave rise to the present case.
The pertinent provisions of the Compromise Agreement read:
WHEREAS, this Compromise Agreement covers the remaining claims and the
cases of the Philippine Government against Roberto S. Benedicto including his
associates and nominees, namely, Julita C. Benedicto, Hector T. Rivera, . . .

WHEREAS, specifically these claims are the subject matter of the following cases
(stress supplied):

1. Sandiganbayan Civil Case No. 9

2. Sandiganbayan Civil Case No. 24

3. Sandiganbayan Civil Case No. 34

4. Tanodbayan (Phil-Asia)

5. PCGG I.S. No. 1

xxx xxx xxx

WHEREAS, following the termination of the United States and Swiss cases, and
also without admitting the merits of their respective claims and counterclaims
presently involved in uncertain, protracted and expensive litigation, the Republic
of the Philippines, solely motivated by the desire for the immediate
accomplishment of its recovery mission and Mr. Benedicto being interested to
lead a peaceful and normal pursuit of his endeavors, the parties have decided to
withdraw and/or dismiss their mutual claims and counterclaims under the cases
pending the Philippines, earlier referred to (italics supplied);
xxx xxx xxx
II. Lifting of Sequestrations, Extension of Absolute Immunity and Recognition
of the Freedom to Travel

a) The Government hereby lifts the sequestrations over the assets listed in
Annex "C" hereof, the same being within the capacity of Mr. Benedicto to acquire
from the exercise of his profession and conduct of business, as well as all the
haciendas listed in his name in Negros Occidental, all of which were inherited by
him or acquired with income from his inheritance . . . and all the other sequestered
assets that belong to Benedicto and his corporation/nominees which are not
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 listed in Annex "A" as ceded or to be ceded to the Government.

Provided, however, (that) any asset(s) not otherwise settled or covered by this
Compromise Agreement, hereinafter found and clearly established with finality by
proper competent court as being held by Mr. Roberto S. Benedicto in trust for the
family of the late Ferdinand E. Marcos, shall be returned or surrendered to the
Government for appropriate custody and disposition.

b) The Government hereby extends absolute immunity, as authorized under

the pertinent provisions of Executive Orders Nos. 1, 2, 14 and 14-A, to Benedicto,
the members of his family, officers and employees of his corporations above
mentioned, who are included in past, present and future cases and investigations
of the Philippine Government, such that there shall be no criminal investigation or
prosecution against said persons for acts (or) omissions committed prior to
February 25, 1986, that may be alleged to have violated any laws, including but
not limited to Republic Act No. 3019, in relation to the acquisition of any asset
treated, mentioned or included in this Agreement.

xxx xxx xxx 5 6

In construing contracts, it is important to ascertain the intent of the parties by looking at
the words employed to project their intention. In the instant case, the parties clearly listed
and limited the applicability of the Compromise Agreement to the cases listed or identified
therein. We have ruled in another case involving the same Compromise Agreement that:
[T]he subject matters of the disputed compromise agreement are Sandiganbayan
Civil Case No. 0009, Civil Case No. 00234, Civil Case No. 0034, the Phil-Asia case
before the Tanodbayan and PCGG I.S. No. 1. The cases arose from complaints
for reconveyance, reversion, accounting, restitution, and damages against former
President Ferdinand E. Marcos, members of his family, and alleged cronies, one
of whom was respondent Roberto S. Benedicto. 5 7

Nowhere is there a mention of the criminal cases filed against petitioners for violations of
Circular No. 960. Conformably with Article 1370 of the Civil Code, 5 8 the Agreement relied
upon by petitioners should include only cases specifically mentioned therein. Applying the
parol evidence rule, 5 9 where the parties have reduced their agreement into writing, the
contents of the writing constitute the sole repository of the terms of the agreement
between the parties. 6 0 Whatever is not found in the text of the Agreement should thus be
construed as waived and abandoned. 6 1 Scrutiny of the Compromise Agreement will reveal
that it does not include all cases filed by the government against Benedicto, his family, and
associates.
Additionally, the immunity covers only "criminal investigation or prosecution against said
persons for acts (or) omissions committed prior to February 25, 1986 that may be alleged
to have violated any penal laws, including but not limited to Republic Act No. 3019, in
relation to the acquisition of any asset treated, mentioned, or included in this Agreement."
6 2 It is only when the criminal investigation or case involves the acquisition of any ill-gotten
wealth "treated, mentioned, or included in this Agreement" 6 3 that petitioners may invoke
immunity. The record is bereft of any showing that the interest earnings from foreign
exchange deposits in banks abroad, which is the subject matter of the present case, are
"treated, mentioned, or included" in the Compromise Agreement. The phraseology of the
grant of absolute immunity in the Agreement precludes us from applying the same to the
criminal charges faced by petitioners for violations of Circular No. 960. A contract cannot
be construed to include matters distinct from those with respect to which the parties
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 intended to contract. 6 4
In sum, we find that no reversible error of law may be attributed to the Court of Appeals in
upholding the orders of the trial court denying petitioners' Motion to Quash the
Informations in Criminal Case Nos. 91-101879 to 91-101883, 91-101884 to 91-101892,
and 92-101959 to 92-101969. In our view, none of the grounds provided for in the Rules of
Court 6 5 upon which petitioners rely, finds application in this case.

One final matter. During the pendency of this petition, counsel for petitioner Roberto S.
Benedicto gave formal notice to the Court that said petitioner died on May 15, 2000. The
death of an accused prior to final judgment terminates his criminal liability as well as the
civil liability based solely thereon. 6 6
WHEREFORE, the instant petition is DISMISSED. The assailed consolidated Decision of the
Court of Appeals dated May 23, 1996, in CA G.R. SP No. 35928 and CA-G.R. SP No. 35719,
is AFFIRMED WITH MODIFICATION that the charges against deceased petitioner, Roberto
S. Benedicto, particularly in Criminal Cases Nos. 91-101879 to 91-101883, 91-01884 to
101892, and 92-101959 to 92-101969, pending before the Regional Trial Court of Manila,
Branch 26, are ordered dropped and that any criminal as well as civil liability ex delicto that
might be attributable to him in the aforesaid cases are declared extinguished by reason of
his death on May 15, 2000. No pronouncement as to costs. TDcAaH

SO ORDERED.
Bellosillo, Mendoza, Buena, and De Leon, Jr., JJ., concur.
Footnotes

1. SEC. 10. Reports of foreign exchange earners. All resident persons who
habitually/customarily earn, acquire, or receive foreign exchange from invisibles locally
or from abroad, shall submit reports in the prescribed form of such earnings, acquisition
or receipts with the appropriate CB department. Those required to submit reports under
this section shall include, but need not necessarily be limited to the following:
xxx xxx xxx

Residents, firms, or establishments habitually/customarily earning, acquiring, receiving

foreign exchange from sales of merchandise, services or from whatever source shall
register with the Foreign Exchange Department of the Central Bank within ninety (90)
days from the date of this Circular.
2. SEC. 34. Proceedings upon violation of laws and regulations. Whenever any person or
entity willfully violates this Act or any order, instruction, rule or regulation legally issued
by the Monetary Board, the person or persons responsible for such violation shall be
punished by a fine of not more than twenty thousand pesos (P20,000.00) and by
imprisonment of not more than five (5) years. . . .
3. SEC. 4. Foreign exchange retention abroad. No person shall promote, finance, enter
into or participate in any foreign exchange transactions where the foreign exchange
involved is paid, retained, delivered or transferred abroad while the corresponding pesos
are paid for or are received in the Philippines, except when specifically authorized by the
Central bank or otherwise allowed under Central Bank regulations.
SEC. 10. Reports of foreign exchange earners. All resident persons who
habitually/customarily earn, acquire, or receive foreign exchange from invisibles locally
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 or from abroad, shall submit reports in the prescribed form of such earnings,
acquisition or receipts with the appropriate CB department. Those required to submit
reports under this section shall include, but need not necessarily be limited to the
following:
xxx xxx xxx

Residents, firms, associations, or corporations unless otherwise permitted under CB

regulations are prohibited from maintaining foreign exchange accounts abroad.
4. Rollo, pp. 140-141.
5. CB CIRCULAR NO. 1318
"SEC. 111. Repealing Clause. All existing provisions of Circulars 363, 960, 1028
including amendments thereto, with the exception of the second paragraph of Section
68 of Circular 1028, as well as all other existing Central Bank rules and regulations
parts thereof, which are inconsistent with or contrary to the provisions of this Circular,
are hereby repealed or modified accordingly: Provided, however, that regulations,
violations of which are the subject of pending actions or investigations, shall not be
considered repealed insofar as such pending actions or investigations are concerned, it
being understood that as to such pending actions or investigations, the regulations
existing at the time the cause of action accrued shall govern."
6. CB CIRCULAR NO. 1353
"SEC. 16. Final Provisions of CB Circular No. 1318. All the provisions in Chapter X of CB
Circular No. 1318 insofar as they are not inconsistent with, or contrary to the provisions
of this Circular, shall remain in full force and effect: Provided, however that any
regulation on non-trade foreign exchange transactions which has been repealed,
amended or modified by this Circular, violations of which are the subject of pending
actions or investigations, shall not be considered repealed insofar as such pending
actions or investigations are concerned, it being understood that as to such pending
actions or investigations, the regulations existing at the time of the cause of actions
accrued shall govern." (Italics supplied)
7. Rollo, p. 79.
8. Also known as "The New Central Bank Act."
9. Rollo, pp. 8-9.
10. Azarcon v. Sandiganbayan, 268 SCRA 747, 757 (1997) citing People v. Magallanes, 249
SCRA 212, 227 (1995)
11. The P.D. 1606 defined the jurisdiction of the Sandiganbayan at the time these twenty-
five (25) dollar-salting cases were filed. Republic Act No. 7975, which amended the
Sandiganbayan Law, took effect only on May 16, 1995, (Binay vs. Sandiganbayan, et al.,
G.R Nos. 120681-83, October 1, 1999) after petitioners had been arraigned. Republic Act
No. 8249, which further amended the jurisdiction of the Sandiganbayan, in turn, took
effect on February 23, 1997 (Binay vs. Sandiganbayan, et al., supra).
12. "SEC. 4. Jurisdiction. The Sandiganbayan shall exercise:

(a) Exclusive original jurisdiction in all case involving:

(1) Violations of Republic Act No. 3019, as amended, otherwise known as the Anti-
Graft and Corrupt Practices Act, Republic Act No. 1379, and Chapter II, Section 2,
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 Title VII of the Revised Penal Code;

(2) Other offenses or felonies committed by public officers and employees in

relation to their office, including those employed in government-owned or controlled
corporations, whether simple or complexed with other crimes, where the penalty
prescribed by law is higher than prision correccional or imprisonment for six (6)
years, or a fine of P6,000.00: PROVIDED, HOWEVER, that offenses or felonies
mentioned in this paragraph where- the penalty prescribed by law does not exceed
prision correccional or imprisonment for six (6) years or a fine of P6,000.00 shall be
tried by the proper Regional Trial Court, Metropolitan Trial Court, Municipal Trial
Court and Municipal Circuit Trial Court.
xxx xxx xxx

In case private individuals are charged as co-principals, accomplices, or accessories

with the public officers or employees, including those employed in government-owned
or controlled corporations, they shall be tried jointly with said public officers and
employees.
xxx xxx xxx

13. Saura v. Saura, Jr., et al., 313 SCRA 465, 475 (1999).
14. People v. Alvarez, 45 Phil. 472, 475 (1923).
15. Lozada v. Hernandez, etc., et al., 92 Phil. 1051, 1053 (1953)
16. Torralba v. Sandiganbayan, 230 SCRA 33, 41 (1994) citing Paderanga v. Drilon, 196
SCRA 86 (1991)
17. In Re: Letter of Freddie P. Manuel, 235 SCRA 4, 7 (1994) citing People v. Ramilo, 57 O.G.
7431, Nombres v. People, 105 Phil. 1259 (1959) and People v. Casiano, 111 Phil. 73
(1961); People v. Lazo, 198 SCRA 274 (1991).
18. Rollo, pp. 11-13.
19. People v. Court of Appeals, 242 SCRA 645, 653 (1995); People v. Hubilo, 220 SCRA 389,
397-398 (1993) citing People v. La Caste, 37 SCRA 767 (1971); Palanca v. Querubin, 30
SCRA 728 (1969); Zacarias v. Cruz, 30 SCRA 728 (1969); People v. Selfaison, 110 Phil.
839 (1967); People v. De la Cerna, 21 SCRA 569 (1967); People v. Casiano, 1 SCRA 478
(1961); Lozada v. Hernandez, 92 Phil. 1051 (1953); People v. Olandag, 92 Phil. 486
(1952).

20. Socrates v. Sandiganbayan, 253 SCRA 773, 792 (1996).

21. SEC. 22. Retroactive effect of penal laws. Penal laws shall have a retroactive effect
insofar as they favor the person guilty of a felony who is not a habitual criminal, as this
term is defined in Rule 5 of Article 62 of this Code, although at the time of the
publication of such laws a final sentence has been pronounced and the convict is
serving the same.

22. Petitioners specifically cite People v. Pastor, 77 Phil. 1000, 1008 (1947), People v.
Tamayo, 61 Phil. 225 (1935); People v. Francisco, 56 Phil. 572.(1932) and People v.
Alcaraz, 56 Phil. 520 (1932).
23. People v. Almuete, 69 SCRA 410, (1976).
24. Buscayno v. Military Commission Nos. 1, 2, 6, and 25, 109 SCRA 273, 287 (1981).
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 25. People v. Concepcion, 44 Phil. 126, 132 (1922) citing US v. Cuna, 12 Phil. 241 (1908),
Ong Chang Wing and Kwong Fok v. United States, 40 Phil. 1046 (1910), 218 US 272
(1910), and People v. Concepcion, 43 Phil. 653 (1922).

26. Sec. 6 (b) of the Circular No. 1353 states:

b) all residents falling under any of the following categories of non-trade foreign
exchange earners shall submit to the Central Bank a monthly report of their foreign
receipts and disbursements, if any, under a report form which shall be prescribed by
the Central Bank.

xxx xxx xxx

15. Receipts of profits, dividends, earnings, divestment proceeds with foreign exchange
purchased from AAB.

27. The saving clause of Circular No. 1318 reads:

SEC. 111. Repealing Clause. All existing provisions of Circulars 363, 960 and 1028,
including amendments thereto, with the exception of the second paragraph of Section
6B of Circular 1028, as well as all other existing Central Bank rules and regulations or
parts thereof, which are inconsistent with or contrary to the provisions of this Circular,
are hereby repealed or modified accordingly: Provided, however, that regulations,
violations of which are the subject of pending actions or investigations shall not be
considered repealed insofar as such pending actions or investigations are concerned, it
being understood that as to such pending actions or investigations, the regulations
existing at the time of the cause of action shall govern. (Italics supplied)

The saving clause of Circular No. 1353, in turn, provides:

SEC. 16 Final Provisions of CB Circular No. 1318. All the provisions in Chapter X
of CB Circular No. 1318 insofar as they are not inconsistent with, or contrary to the
provisions of this Circular, shall remain in full force and effect: Provided, however, that
any regulation on non-trade foreign exchange transactions which has been repealed,
amended or modified by this Circular, violations of which are the subject of pending
actions or investigations, shall not be considered repealed insofar as such pending
actions are concerned, it being understood that as to such pending actions or
investigations the regulations existing at the time of the cause of actions accrued shall
govern. (italics supplied).
28. Ibaez de Aldecoa v. Hongkong & Shanghai Bank, 30 Phil. 228, 246 (1915).
29. Supra, note 2.

30. SEC. 36. Proceedings Upon Violation of This Act and Other Banking Laws, Rules and
Regulations, Orders or Instructions. Whenever a bank or quasi-bank, or whenever any
person or entity willfully violates this Act or other pertinent banking laws being enforced
or implemented by the Bangko Sentral or any order, instruction, rule or regulation issued
by the Monetary Board, the person or persons responsible for such violation shall unless
otherwise provided in this Act be punished by a fine of not less than Fifty thousand
pesos (P50,000.00) nor more than Two hundred thousand pesos (P200,000.00) or by
imprisonment of not less than two (2) years nor more than Two hundred thousand
pesos (P200,000.00) or by imprisonment of not less than two (2) years nor more than
ten (10) years; or both, at the discretion of the court.

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 xxx xxx xxx
31. Sec. 2(a), Republic Act No. 265. Section 3 of Republic Act No. 7653 restated this
objective as follows: The primary objective of the Bangko Sentral is to maintain price
stability conducive to a balanced and sustainable growth of the economy. It shall also
promote and maintain monetary stability and the convertibility of the peso. (italics
supplied).
32. American Bible Society v. City of Manila, 101 Phil. 386, 397 (1957).
33. Ong Chang Wing and Kwong Fok v. US , 40 Phil. 1046, 1050 (1910); US v. Cuna supra.
34. CONST., An. III, Sec. 22. "No ex post facto law or bill of attainder shall be enacted."
35. In Re: Kay Villegas Kami Inc., 35 SCRA 429, 431(1970) citing Calder v. Bull(1798),3 Dall.
386, Makin v. Wolfe, 2 Phil. 74 (1903).

36. Nuez v. Sandiganbayan, 111 SCRA 433, 450 (1982) citing Thompson v. Utah, 170 US
343 (1898).

37. Nuez v. Sandiganbayan, supra.

38. People v. Moran, 44 Phil. 387,398 (1923).
39. Laceste v. Santos, 56 Phil. 472, 475 ( 1932). See also REV. PEN. CODE, Art. 22.
40. Rollo, p.77.
41. SEC. 1. Violations penalized by special acts shall, unless otherwise provided in such
acts, prescribe in accordance with the following rules:
xxx xxx xxx

c) after eight (8) years for those punished by imprisonment for two (2) years or
more, but less than six (6) years.

xxx xxx xxx

42. Act No. 3326, Sec. 2.
43. Bataan Shipyard & Engineering Co., Inc. v. Presidential Commission on Good
Government, 150 SCRA 181, 208 (1987).
44. Republic v. Sandiganbayan (First Division), 240 SCRA 376, 391 (1995).
45. Ordained by Proclamation No. 3, promulgated on March 25, 1986, it also was more
popularly known as the "Freedom Constitution."
46. CONST. (March 25, 1986), Art. II, Sec. I(d).
47. RULES OF COURT, Rule 131, Sec. 3(m).

48. Also known as "The Foreign Currency Deposit Act." The secrecy clause relied upon by
petitioners is Section 8 thereof which provides:
SEC. 8. Secrecy of Foreign Currency Deposits. All foreign currency deposits
authorized under this Act, as amended by Presidential Decree No. 1035, as well as
foreign currency deposits authorized under Presidential Decree No. 1034 are hereby
declared as and considered of an absolutely confidential nature and except upon the
written permission of the depositor, in no instance shall such foreign currency deposits
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 be examined, inquired or looked into by any person, government official, bureau or
office whether judicial or administrative or legislative, or any other entity whether
public or private: Provided, however, that said foreign currency deposits shall be
exempt from attachment, garnishment, or any other order or process of any court,
legislative body, government agency or any administrative body whatsoever." (As
amended by Section 2, Presidential Decree No. 1246).
49. The provision reads:

q. Firms issuing/servicing international credit cards. Authorized foreign exchange

dealers and registered foreign exchange earners shall submit separate monthly
reports to the Foreign Exchange Department copy furnished the Supervision and
Examination Section, Dept. IV, CB supported by proof/evidences of receipts, sales
of foreign exchange to the banking system, provided that foreign exchange eligible
for deposit under the Philippine Foreign Exchange Currency Deposit System as
provided in Rep. Act 6426, as amended, need not be covered by the report. x x x
50. SEC. 2. Authority to deposit foreign currencies. Any person, natural or juridical may, in
accordance with the provisions of this Act, deposit with such Philippine banks in good
standing, as may, upon application be designated by the Central Bank for the purpose;
foreign currencies which are acceptable as part of the international reserve, except those
which are required by the Central Bank to be surrendered in accordance with the
provisions of Republic Act Numbered Two hundred sixty-five.
51. Ibid.
52. Salaysay v. Castro, et al., 98 Phil. 364, 380 (1956).
53. Vda. de Perez v. Tolete, 232 SCRA 722, 735 (1994) citing Philippine Commercial and
Industrial Bank v. Escolin, 58 SCRA 266 (1974).
54. Zalamea v. Court of Appeals, 228 SCRA 23, 30 (1993) citing Collection of Internal
Revenue v. Douglas Fisher, et al, and Douglas Fisher, et al. v. Collection of Internal
Revenue, 110 Phil. 686 (1961).
55. Rules of Court, Rule 132, Sec. 24.

56. Rollo, pp. 339-341.

57. Republic v. Sandiganbayan, 226 SCRA 314, 318 (1993).
58. ART. 1370. If the terms of a contract are clear and leave no doubt upon the intention of
the contracting parties, the literal meaning of its stipulation shall control.

If the words appear to be contrary to the evident intention of the parties, the latter shall
prevail over the former.

59. RULES OF COURT, Rule 130, Sec. 9. Evidence of written agreements. When the terms
of an agreement have been reduced to writing, it is considered as containing all the terns
agreed upon and there can be, between the parties and their successors in interest, no
evidence of such terms other than the contents of the written agreement.
xxx xxx xxx
60. Philippine National Railways v. Court of First Instance of Albay, Branch 1, 83 SCRA 569,
575 (1978).
61. Heirs of Amparo del Rosario v. Santos, 108 SCRA 43, 58 (1981).
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 62. Rollo, p. 341.
63. Id.
64. IV TOLENTINO, CIVIL CODE 562 (1991 ed.).
65. Rule 117, Sec. 3. Grounds. The accused may move to quash the complaint or
information on any of the following grounds:

(a) That the facts charged do not constitute an offense;

(b) That the court trying the case has no jurisdiction over the offense charged or
the person of the accused;
(c) That the officer who filed the information had no authority to do so;
(d) That it does not conform substantially to the prescribed form;

(e) That more than one offense is charged except in those cases in which existing
laws prescribe a single punishment for various offenses;
(f) That the criminal action or liability has been extinguished;
(g) That it contains averments which, if true, would constitute a legal excuse or
justification; and

(h) That the accused has been previously convicted or in jeopardy of being
convicted, or acquitted of the offense charged.

66. People v. Bayotas, 236 SCRA 239, 255 (1994); REV. PEN. CODE, Art. 89.

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