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CRIMPRO - 110 Complaint or Information
CRIMPRO - 110 Complaint or Information
CRIMPRO - 110 Complaint or Information
PROCEDURE
DIGESTS
c. Rape
Attempt:
Appellant
laid
complainant
down
on
the
sofa
then
placed
himself
on
top
of
her
and
made
pumping
motion
even
with
their
shorts
on.
Appellant
RULE
110:
COMPLAINT
OR
INFORMATION
stopped
only
when
he
heard
the
arrival
of
his
wife.
TOPIC:
Sufficiency
of
Complaint
or
Information
2.
It
was
only
in
November
1995
that
she
confided
the
sexual
abuses
to
her
mother.
1A.
People
v.
Dimaano
(AB)
Promulgated:
September
14,
2005
3.
On
January
3,
1996,
complainant
and
her
mother
went
to
Camp
Crame
where
they
Ponente:
Per
Curiam:
En
Banc:
Decision
filed
a
complaint.
The
Medico-‐Legal
Officer
at
the
PNP
Crime
Laboratory
examined
Petitioner:
Maricar
Dimaano
complainant
and
found
her
to
have
suffered
deep
healed
hymenal
lacerations
and
was
in
Respondent:
Edgardo
Dimaano
a
non-‐virgin
state.
RRV:
4.
Appellant
pleaded
not
guilty
to
the
charges.
Thereafter,
trial
on
the
merits
ensued.
Maricar
Dimaano
charged
her
father
Edgardo
Dimaano
with
two
(2)
counts
of
rape
and
one
(1)
count
of
attempted
rape.
The
trial
court
ruled
in
favor
of
the
victim
and
found
5.
Appellant
denied
the
accusations
against
him
with
various
allegations.
He
also
the
testimony
of
complainant
to
be
spontaneous
and
credible.
The
testimony
of
Maricar
maintained
that
the
fact
that
his
daughter
was
in
a
non-‐virgin
state
did
not
conclusively
of
her
ignominious
experience
contains
all
the
indicia
of
truth.
Her
credibility
is
beyond
prove
that
he
was
responsible
for
it
because
it
is
also
possible
that
his
daughter
had
question.
CA
affirmed
RTC
decision.
Appellant
raised
the
following
issues
to
the
SC:
a.
sexual
intercourse
with
another
man
her
age.
Were
the
evidence
enough
to
overcome
the
presumption
of
innocence
and
b.
WON
the
affidavit
of
desistance
by
the
private
complainants
should
have
put
to
doubt
the
reasons
6.
The
trial
court
ruled
in
favor
of
the
victim
and
found
the
testimony
of
complainant
to
behind
the
rape
charges.
The
SC
upheld
the
decision
of
the
lower
court
however
be
spontaneous
and
credible.
She
narrated
the
obscene
details
of
her
harrowing
appellant
was
acquitted
for
the
crime
of
rape
for
failure
to
allege
in
the
complaint
the
experience
which
no
girl
of
tender
age
would
have
known
unless
she
herself
had
specific
acts
constitutive
of
attempted
rape.
The
allegation
therein
that
the
appellant
experienced
it.
It
found
the
delay
in
reporting
the
rape
understandable
due
to
the
fear
'tr[ied]
and
attempt[ed]
to
rape
the
complainant
does
not
satisfy
the
test
of
sufficiency
of
complainant
had
of
her
father
who
had
moral
ascendancy
over
her.
a
complaint
or
information,
but
is
merely
a
conclusion
of
law
by
the
one
who
drafted
the
complaint.
This
insufficiency
therefore
prevents
this
Court
from
rendering
a
judgment
of
7.
There
was
an
affidavit
of
resistance
submitted
by
the
complainant
but
RTC
disregarded
conviction.
The
requirement
of
alleging
the
elements
of
a
crime
in
the
information
is
to
the
Compromise
Agreement
and
the
Salaysay
sa
Pag-‐uurong
ng
Sumbong
since
inform
the
accused
of
the
nature
of
the
accusation
against
him
so
as
to
enable
him
to
complainant
was
not
assisted
by
a
lawyer
when
she
signed
the
same.
suitably
prepare
his
defense.
The
presumption
is
that
the
accused
has
no
independent
knowledge
of
the
facts
that
constitute
the
offense.
8.
The
Court
of
Appeals
affirmed
with
modifications
the
decision
of
the
trial
court,
thus:
FACTS:
ISSUES:
1.
On
January
26,
1996,
Maricar
Dimaano,
born
on
August
26,
1983,
charged
her
father,
1.
WON
the
evidence
adduced
by
the
prosecution
has
overcome
the
presumption
of
Edgardo
Dimaano
with
two
(2)
counts
of
rape
and
one
(1)
count
of
attempted
rape.
innocence
of
the
accused.
a. First
Rape
incident:
September
1993-‐The
father
Edgardo
inserted
his
penis
into
2.
WON
the
affidavit
of
resistance
should
have
put
to
doubt
the
rape
charges
against
the
her
daughter's
anus
while
inside
their
house.
She
cried
in
pain
but
kept
to
herself
complainant.
as
her
father
might
hurt
her,
she
was
10
years
old.
HELD:
(I
only
put
the
relevant
doctrine
for
Rule
110:
Sufficiency
of
the
complaint)
b. Second
Rape
incident:
December
29,
1995-‐
While
in
the
kitchen
he
fondled
and
1.
The
court
upheld
the
lower
court's
decision.
However,
the
appellant
was
acquitted
for
kissed
her
breasts
then
inserted
his
penis
in
her
vagina
but
stopped
when
her
the
crime
of
rape
for
failure
to
allege
in
the
complaint
the
specific
acts
constitutive
of
brother
Edward
came
in,
she
was
12.
attempted
rape.
2.
For
complaint
or
information
to
be
sufficient,
it
must:
indemnity,
P50,000.00
as
moral
damages,
and
P25,000.00
as
exemplary
damages,
and
in
a.
state
the
name
of
the
accused;
Criminal
Case
No.
96-‐150
the
amounts
of
75,000.00
as
civil
indemnity,
P75,000.00
as
b.
the
designation
of
the
offense
given
by
the
statute;
moral
damages,
and
P25,000.00
as
exemplary
damages,
is
AFFIRMED.
Appellant
is
c.
the
acts
or
omissions
complained
of
as
constituting
the
offense;
however
ACQUITTED
for
the
crime
of
attempted
rape
in
Criminal
Case
No.
96-‐151
for
d.
the
name
of
the
offended
party;
failure
of
the
complaint
to
allege
the
specific
acts
or
omissions
constituting
the
offense.
e.
the
approximate
time
of
the
commission
of
the
offense,
f.
and
the
place
wherein
the
offense
was
committed.
3.
What
is
controlling
is
not
the
title
of
the
complaint,
nor
the
designation
of
the
offense
1B.
Sasot
v.
People
(DU)
charged
or
the
particular
law
or
part
thereof
allegedly
violated,
these
being
mere
MELBAROSE
R.
SASOT
AND
ALLANDALE
R.
SASOT,
petitioners,
conclusions
of
law
made
by
the
prosecutor,
but
the
description
of
the
crime
charged
vs.
and
the
particular
facts
therein
recited.
PEOPLE
OF
THE
PHILIPPINES,
THE
HONORABLE
COURT
OF
OF
APPEALS,
and
REBECCA
G.
SALVADOR,
Presiding
Judge,
RTC,
Branch
1,
Manila,
respondents.
4.
The
acts
or
omissions
complained
of
must
be
alleged
in
such
form
as
is
sufficient
to
G.R.
No.
143193.
June
29,
2005
enable
a
person
of
common
understanding
to
know
what
offense
is
intended
to
be
AUSTRIA-‐MARTINEZ,
J.
charged,
and
enable
the
court
to
pronounce
proper
judgment.
No
information
for
a
Second
division
crime
will
be
sufficient
if
it
does
not
accurately
and
clearly
allege
the
elements
of
the
Summary:
crime
charged.
Every
element
of
the
offense
must
be
stated
in
the
information.
NBA
Properties
Inc.
(NBA),
filed
a
complaint
for
unfair
competition
under
Art
189,
RPC.
Complaint
was
notarized
by
a
Notary
public
of
the
State
of
New
York.
NBA
5.
What
facts
and
circumstances
are
necessary
to
be
included
therein
must
be
alleges
that
petitioners
were
counterfeiting
their
trademarks
and
logos.
After
determined
by
reference
to
the
definitions
and
essentials
of
the
specified
crimes.
The
investigation
by
NBI,
Prosecutor
Gutierrez
filed
an
information
against
petitioner
for
requirement
of
alleging
the
elements
of
a
crime
in
the
information
is
to
inform
the
violation
of
Art
189,
RPC.
Petitioner
filed
for
a
motion
to
quash
citing
that
the
complaint
accused
of
the
nature
of
the
accusation
against
him
so
as
to
enable
him
to
suitably
was
not
duly
sworn
by
the
complainant
(a
defect
in
the
complaint),
and
that
the
latter
prepare
his
defense.
The
presumption
is
that
the
accused
has
no
independent
had
not
capacity
to
sue,
among
others.
RTC
denied
the
motion.
Petitioner
filed
for
knowledge
of
the
facts
that
constitute
the
offense.
certiorari
in
the
CA,
but
CA
denied.
SC
affirmed
CA
that
certiorari
is
not
the
proper
remedy
to
assail
the
denial
of
6.Notably,
the
above-‐cited
complaint
upon
which
the
appellant
was
arraigned
does
not
the
motion
to
quash.
Petitioner
should
have
just
continued
with
the
case
and
raise
the
allege
specific
acts
or
omission
constituting
the
elements
of
the
crime
of
rape.
Neither
defenses
mentioned
in
the
motion
to
quash.
SC
also
said
Motion
to
Quash
was
properly
denied
as
the
1985
rules
of
court
(RoC)
did
not
provide
that
an
information
can
be
does
it
constitute
sufficient
allegation
of
elements
for
crimes
other
than
rape,
i.e.,
Acts
of
quashed
on
the
grounds
of
defect
in
the
complaint.
The
complaint
was
also
in
Lasciviousness.
The
allegation
therein
that
the
appellant
'tr[ied]
and
attempt[ed]
to
accordance
with
section
3
rule
112
(1985
RoC).
Capacity
to
sue
of
complainant
is
rape
the
complainant
does
not
satisfy
the
test
of
sufficiency
of
a
complaint
or
immaterial,
since
a
criminal
offense
is
an
act
against
the
state,
it
is
the
state
who
stands
information,
but
is
merely
a
conclusion
of
law
by
the
one
who
drafted
the
complaint.
as
the
injured
party.
This
insufficiency
therefore
prevents
this
Court
from
rendering
a
judgment
of
conviction;
otherwise
we
would
be
violating
the
right
of
the
appellant
to
be
informed
of
the
nature
of
the
accusation
against
him.
FACTS:
NBA
Properties
Inc
owned
trademarks
and
Logos
of
NBA
teams
which
were
being
WHEREFORE
,
the
decision
of
the
Court
of
Appeals
in
CA-‐G.R.
CR
No.00263
affirming
the
used
by
petitioner
as
logos/designs
for
their
merchandises
without
the
decision
of
the
Regional
Trial
Court
of
Paraaque
City,
Branch
257,
in
Criminal
Cases
Nos.
authorization
of
the
former.
Rick
Welts
(President
of
NBA
Properties,
Inc),
through
a
notarized
Special
Power
of
96-‐125
and
96-‐150,
finding
appellant
Edgardo
Dimaano
GUILTY
beyond
reasonable
doubt
Attorney
(SPA),
constituted
the
law
firm
of
Ortega,
Del
Castillo,
Bacorro,
Odulio,
of
the
crime
of
rape
committed
against
his
own
daughter,
Maricar
Dimaano,
and
Calma
&
Carbonell,
as
the
company’s
attorney-‐in-‐fact
and
agent
to
file
criminal,
civil
sentencing
him
to
reclusion
perpetua
and
DEATH,
respectively;
and
ordering
him
to
pay
and
administrative
complaints
in
their
behalf.
the
complainant
in
Criminal
Case
No.
96-‐125
the
amounts
of
P50,000.00
as
civil
The
SPA
was
notarized
by
Nicole
Brown
of
New
York
County,
was
certified
by
procedure
in
such
a
case
is
for
the
accused
County
Clerk
and
Clerk
of
SC-‐NY
and
authenticated
by
the
Consulate
General
of
the
o to
enter
a
plea,
Philippines
in
New
York.
o go
to
trial
without
prejudice
on
his
part
to
present
the
special
defenses
he
had
Welts
also
executed
a
Complaint-‐Affidavit
on
February
12,
1998,
before
Notary
invoked
in
his
motion
to
quash
and,
Public
Nicole
J.
Brown
of
the
State
of
New
York
o if
after
trial
on
the
merits,
an
adverse
decision
is
rendered,
to
appeal
therefrom
July
15,
1998,
Prosecution
Attorney
Aileen
Marie
S.
Gutierrez
recommended
the
in
the
manner
authorized
by
law.
filing
of
an
Information
against
petitioners
for
violation
of
Article
189
of
the
Revised
Penal
Code
(unfair
competition)
RE:
Motion
to
Quash
INFORMATION:
Petitioner
contend
that
the
complaint
must
be
sworn
to
before
the
prosecutor
o That
on
or
about
May
9,
1997
and
on
dates
prior
thereto,
in
the
City
of
Manila,
The
record
show
that
the
complaint
was
only
a
faxed
copy
Philippines,
and
within
the
jurisdiction
of
this
Honorable
Court,
above
named
o Prosecutor
stated
however
that
complainant’s
representative
will
present
the
accused
ALLANDALE
SASOT
and
MELBAROSE
SASOT
of
Allandale
Sportslines,
authenticated
notarized
original
in
court
Inc.,
did
then
and
there
willfully,
unlawfully
and
feloniously
manufacture
and
o Prosecutor
manifested
also
that
the
original
copy
is
already
on
hand
sell
various
garment
products
bearing
the
appearance
of
“NBA”
names,
symbols
and
trademarks,
inducing
the
public
to
believe
that
the
goods
offered
Section
3,
Rule
117
of
the
1985
Rules
of
Criminal
Procedure
–
grounds
for
quashing
by
them
are
those
of
“NBA”
to
the
damage
and
prejudice
of
the
NBA
an
information(rules
in
force
at
that
time)
Properties,
Inc.,
the
trademark
owner
of
the
“NBA”.
a) That
the
facts
charged
do
not
constitute
an
offense;
Before
arraignment,
petitioners
filed
a
Motion
to
Quash
the
Information
b) That
the
court
trying
the
case
has
no
jurisdiction
over
the
offense
charged
or
o they
argued
that
fiscal
should
have
dismissed
because
the
complaint
must
be
the
person
of
the
accused;
sworn
to
before
the
prosecutor
and
the
copy
on
record
appears
to
be
only
a
fax
c) That
the
officer
who
filed
the
information
had
no
authority
to
do
so;
transmittal.
d) That
it
does
not
conform
substantially
to
the
prescribed
form;
o They
also
contend
that
complainant
is
a
foreign
corporation
not
doing
business
e) That
more
than
one
offense
is
charged
except
in
those
cases
in
which
existing
in
the
Philippines,
and
cannot
be
protected
by
Philippine
patent
laws
since
it
is
laws
prescribe
a
single
punishment
for
various
offenses;
not
a
registered
patentee
f) That
the
criminal
action
or
liability
has
been
extinguished;
RTC
of
Manila
(Branch
1)
denied
petitioner’s
motion
to
quash.
g) That
it
contains
averments
which,
if
true,
would
constitute
a
legal
excuse
or
Appealed
to
CA
for
a
special
civil
action
for
certiorari
justification;
and
o CA
dismissed
petition
h) That
the
accused
has
been
previously
convicted
or
in
jeopardy
of
being
o the
petition
is
not
the
proper
remedy
in
assailing
a
denial
of
a
motion
to
quash,
convicted,
or
acquitted
of
the
offense
charged.
and
that
the
grounds
raised
therein
should
be
raised
during
the
trial
of
the
case
Nowhere
in
the
foregoing
provision
is
there
any
mention
of
the
defect
in
the
on
the
merits.
complaint
filed
before
the
fiscal
and
the
complainant’s
capacity
to
sue
as
grounds
o Motion
for
reconsideration
was
also
denied
for
a
motion
to
quash.
ISSUE:
W/N
CA
and
RTC
erred
in
its
decision
to
deny
petitioner’s
motion
to
quash.
Section
3,
Rule
112
of
the
1985
Rules
of
Criminal
Procedure,
a
complaint
is
substantially
sufficient
if
Held:
NO:
WHERFORE,
the
petition
is
DENIED
for
lack
of
merit.
Let
the
records
of
this
o it
states
the
known
address
of
the
respondent,
case
be
REMANDED
to
the
Regional
Trial
Court
of
Manila
(Branch
24)
where
Criminal
o it
is
accompanied
by
complainant’s
affidavit
and
his
witnesses
and
supporting
Case
No.
98-‐166147
is
presently
assigned,
for
further
proceedings
with
reasonable
documents,
and
dispatch.
o the
affidavits
are
sworn
to
before
any
fiscal,
state
prosecutor
or
government
official
authorized
to
administer
oath,
o or
in
their
absence
or
unavailability,
a
notary
public
who
must
certify
that
he
RATIO:
personally
examined
the
affiants
and
that
he
is
satisfied
that
they
voluntarily
executed
and
understood
their
affidavits.
RE:
special
action
for
certiorari
Section
3,
rule
112
requirements
have
been
duly
satisfied
by
the
complaint
filed
a
special
civil
action
for
certiorari
is
not
the
proper
remedy
to
assail
the
denial
of
a
motion
to
quash
an
information
o Complaint-‐Affidavit
contains
an
acknowledgement
by
Notary
Public
Nicole
to
admit
amended
Information
replacing
grams
with
kilos,
and
second,
to
set
aside
the
Brown
of
the
State
of
New
York
that
the
same
has
been
subscribed
and
sworn
arraignment
of
the
accused,
as
well
as
the
decision
of
the
trial
court
on
the
ground
that
to
before
her
on
February
12,
1998
the
RTC
did
not
have
jurisdiction
for
it
belonged
to
the
MTC.
The
trial
court
denied
the
o duly
authenticated
by
the
Philippine
Consulate
first
motion
but
granted
the
second
and
thus,
the
second
information
was
assigned
to
Branch
76
of
RTC
of
QC,
which
denied
accused’s
motion
to
quash
and
scheduled
the
It
must
be
noted
that
even
the
absence
of
an
oath
in
the
complaint
does
not
arraignment
under
the
amended
information.
The
accused
argued
that
trial
under
the
necessarily
render
it
invalid.
amended
information
is
a
violation
of
their
right
against
double
jeopardy.
o Want
of
oath
is
a
mere
defect
of
form,
which
does
not
affect
the
substantial
The
Supreme
Court
held
that
under
Sec.
4
of
Rule
110,
the
first
information
is
rights
of
the
defendant
on
the
merits.
valid
inasmuch
as
it
sufficiently
alleges
the
manner
by
which
the
crime
was
committed.
The
information,
with
other
supporting
documents,
was
valid
on
its
face
and
not
Also,
under
Sec.
6
of
Rule
110,
the
first
information
shows
on
its
face
that
it
is
valid.
showing
of
grave
abuse
of
discretion
by
the
prosecutor
Ultimately,
the
accused
had
been
arraigned,
convicted,
and
were
already
in
the
stage
o Being
so
trial
court
should
respect
the
determination
of
the
prosecutor
to
file
where
they
were
applying
for
probation.
There
is,
therefore,
no
question
that
the
the
information
amendment
of
an
information
by
motion
of
the
prosecution
and
at
the
time
when
the
accused
had
already
been
convicted
is
contrary
to
procedural
rules
and
violative
of
the
Capacity
to
Sue:
rights
of
the
accused.
On
the
question
of
jurisdiction,
the
court
held
that
the
RTC
had
The
crime
of
unfair
competition
(Art
189,
RPC)
is
a
public
crime
jurisdiction
to
try
the
case
due
to
Sec.
39
of
the
Dangerous
Drugs
Act,
which
vests
o Essentially
an
act
against
the
state
jurisdiction
to
the
RTC
regardless
of
the
quantity
involved
and
the
penalty
imposable.
o It
is
the
state
that
principally
stand
as
the
injured
party
Therefore,
the
accused
were
ordered
to
be
released.
o Complainant’s
capacity
to
sue,
as
such,
becomes
immaterial
La
Chemise
Lacoste,
S.A.
v
Fernandez
Facts:
o Court
have
the
same
ruling
1. In
an
information
filed
by
Assistant
City
Prosecutor
Evelyn
Dimaculangan-‐
o After
preliminary
investigation
and
prosecution
starts,
the
information
would
Querijero
dated
July
3,
1996,
accused
Marcelo
Lasoy
and
Felix
Banisa
were
become
People
of
the
Philippines
(and
not
petitioner’s
name)
vs
(defendant)
charged
as
follows:
nd
Petitioner
now
becomes
only
an
aggrieved
party
“That
on
or
about
the
2
day
of
July,
1996,
in
Quezon
City,
This
is
because
criminal
offense
is
an
act
against
the
state
Philippines,
the
above-‐named
accused,
conspiring
together,
o Petitioner’s
capacity
to
sue
would
become
of
not
much
significance
in
the
man
confederating
with
and
mutually
helping
each
other,
not
having
been
case
authorized
by
law
to
sell,
dispense,
deliver,
transport,
or
distribute
any
prohibited
drug,
did
then
and
there,
wilfully,
unlawfully
sell
or
RE:
NBA
not
being
entitled
to
protection
by
Philippine
Laws
offer
for
sale
a
total
of
42.410
grams
of
dried
marijuana
fruiting
tops,
These
are
matters
of
defense
that
are
better
ventilated
and
resolved
during
trial
on
a
prohibited
drug,
in
violation
of
said
law.”
the
merits
of
the
case.
2. Upon
arraignment,
both
accused
pleaded
guilty
and
were
sentenced
on
July
16,
1996
–
they
were
sentenced
to
suffer
a
jail
term
of
6
months
and
1
day.
On
the
same
date,
both
accused
applied
for
probation.
1C.
Lasoy
v.
Zenarosa
(AD)
3. On
August
28,
1996,
plaintiff
People
of
the
Philippines,
thru
Assistant
City
Prosecutor
Ma.
Aurora
Escasa-‐Ramos,
filed
two
separate
motions,
first,
to
Date:
April
12,
2005
admit
amended
information,
and
second,
to
set
aside
the
arraignment
of
the
Ponente:
Chico-‐Nazario,
J.
accused,
as
well
as
the
decision
of
the
trial
court.
Petitioners:
Marcelo
Lasoy
and
Felix
Banisa
a. That
for
some
unknown
reason
both
accused
herein
were
charged
of
Respondent:
Hon.
Monina
A.
Zenarosa,
Presiding
Judge,
RTC,
Br.
76,
Quezon
City,
and
Violation
of
Sec.
4,
Art.
II,
RP
6425…
when
in
truth
and
in
fact
the
said
The
People
of
the
Philippines
accused
should
be
charged
for
transportation
and
delivery
with
intent
to
sell
and
to
gain,
45
pieces
of
dried
marijuana
fruiting
tops
Emergency
Recit:
weighing
42.410
KILOS
(not
grams).
Marcelo
Lasoy
and
Felix
Banisa
were
charged
under
an
Information
for
selling
i. Trial
court,
in
its
Order
held
that
the
motion
to
admit
or
offering
to
sell
a
total
of
42.410
grams
of
marijuana
in
the
RTC
of
QC.
They
pleaded
amended
information
is
hereby
denied,
as
this
court
has
guilty
and
were
sentenced
to
a
jail
term
of
6
months
and
1
day
and
they
applied
for
already
decided
this
case
on
the
basis
that
the
accused
was
probation.
Subsequently,
the
Assistant
City
Prosecutor
filed
two
separate
motions,
first,
arrested
in
possession
of
42.410
grams
of
marijuana
and
it
If
it
appears
at
any
time
before
judgment
that
a
mistake
has
is
too
late
at
this
stage
to
amend
the
information.
been
made
in
charging
the
proper
offense,
the
court
shall
dismiss
the
b. Another
Order
was
issued
resolving
the
motion
to
set
aside
the
original
complaint
or
information
upon
filing
of
a
new
one
charging
arraignment
of
the
accused
as
well
as
the
decision
filed
by
the
Public
the
proper
offense
in
accordance
with
Rule
119,
Section
11,
provided
Prosecutor
is
granted,
it
appearing
from
the
published
resolution
of
the
accused
would
not
be
placed
thereby
in
double
jeopardy,
and
the
Supreme
Court
in
Inaki
Gulhoran
and
Galo
Stephen
Bobares
v.
may
also
require
the
witnesses
to
give
bail
for
their
appearance
at
Hon.
Francisco
Escano,
Jr.
that
jurisdiction
over
drug
of
small
quantity
the
trial.
as
in
the
case
at
bar
should
be
tried
by
the
MTC.
5. In
this
case,
it
bears
repeating
that
the
accused
had
been
arraigned
and
4. The
second
information
(which
just
changed
the
kilos
to
grams)
was
assigned
convicted.
In
fact,
they
were
already
in
the
stage
where
they
were
applying
for
to
Branch
75
of
the
RTC
of
QC
presided
by
Zenarosa.
In
its
now
assailed
probation.
It
is
too
late
in
the
day
for
the
prosecution
to
ask
for
the
resolution,
the
trial
court
denied
accused’s
motion
to
quash,
and
scheduled
the
amendment
of
the
information
and
seek
to
try
again
accused
for
the
same
arraignment
of
the
accused
under
the
amended
information
offense
without
violating
their
rights
guaranteed
under
the
Constitution.
5. Hence,
the
instant
Petition
for
Certiorari
Issue
2:
WoN
the
RTC
where
the
first
information
was
filed
had
jurisdiction
to
try
the
Issue
1:
WoN
the
first
information
is
valid
–
if
yes,
there
will
be
double
jeopardy
case.
Held:
Yes,
it
is
valid.
Held:
Yes,
it
did.
1. Under
Sec.
4,
Rule
110:
An
information
is
an
accusation
in
writing
charging
a
1. All
drug-‐related
cases,
regardless
of
the
quantity
involved
and
the
penalty
person
with
an
offense
subscribed
by
the
fiscal
and
filed
with
the
court
imposable
still
fall
within
the
exclusive
original
jurisdiction
of
the
RTC,
in
view
a. If
the
offense
is
stated
in
such
a
way
that
a
person
of
ordinary
of
Sec.
39
of
RA
6425
(Dangerous
Drugs
Act
of
1972).
intelligence
may
immediately
know
what
is
meant,
and
the
court
can
decide
the
matter
according
to
law,
the
inevitable
conclusion
is
that
WHEREFORE,
premises
considered,
the
instant
petition
is
GRANTED.
The
Orders
dated
14
the
information
is
valid.
February
1997
and
16
April
1997
issued
by
the
Regional
Trial
Court
of
Quezon
City,
b. The
first
information
is
valid
inasmuch
as
it
sufficiently
alleges
the
Branch
76,
are
set
aside.
Criminal
Case
No.
Q-‐96-‐67572
is
ordered
Dismissed.
Accused
manner
by
which
the
crime
was
committed.
The
purpose
of
the
law,
Marcelo
Lasoy
and
Felix
Banisa
are
fortwith
orderd
released
from
detention
unless
there
that
is,
to
apprise
the
accused
of
the
nature
of
the
charge
against
may
be
valid
reasons
for
their
further
detention.
them,
is
reasonably
complied
with.
2. Also,
applying
Sec.
6
of
Rule
110,
the
first
information
shows
on
its
face
that
it
SO
ORDERED.
is
valid.
a. Sec.
6.
Sufficiency
of
complaint
of
information
–
A
complaint
or
information
is
sufficient
if
it
states
the
name
of
the
accused;
the
TOPIC:
Substitution
of
Information
designation
of
the
offense
by
the
statute;
the
acts
or
omissions
complained
of
as
constituting
the
offense;
the
name
of
the
offended
2.
Saludga
v.
Sandiganbayan
(JAG)
party;
the
approximate
time
of
the
commission
of
the
offense,
and
the
place
wherein
the
offense
was
committed
QUINTIN
B.
SALUDAGA
and
SPO2
FIEL
E.
GENIO,
petitioners,
vs.
THE
HONORABLE
3. Indeed,
the
belated
move
on
the
part
of
the
prosecution
to
have
the
SANDIGANBAYAN
and
THE
PEOPLE
OF
THE
PHILIPPINES,
respondents
information
amended
defies
procedural
rules,
the
decision
having
attained
finality
after
the
accused
applied
for
probation
and
the
fact
that
amendment
is
Petitioners
–
Saludaga;
Mayor
of
Municipality
of
Lavezares,
Northern
Samar
no
longer
allowed
at
that
stage.
SPO2
Genio;
PNP
Member
of
Lavezares
4. Sec.
14
of
Rule
110
is
emphatic:
a. Sec.
14.
Amendment
–
The
information
or
complaint
may
be
RESHIT:
The
office
of
the
Ombudsman-‐visayas
filed
an
information
against
Quintin
B.
amended,
in
substance
or
form,
without
leave
of
court,
at
any
time
Saludaga
and
SPO2
Fiel
E.
Gieno
for
violating
Sec.3(e)
of
the
anti-‐graft
and
corrupt
before
the
accused
pleads;
and
thereafter
and
during
the
trial
as
to
practices
act.
They
were
accused
of
entering
into
a
Pakyaw
Contract
for
the
construction
all
matter
of
form,
by
leave
and
at
the
discretion
of
the
court,
when
of
2
barangay
day-‐care
centers
without
conducting
a
competitive
public
bidding.
The
first
the
same
can
be
done
without
prejudice
to
the
rights
of
the
accused.
information
assailed
that
the
actions
were
done
to
the
damage
and
prejudice
of
the
government.
The
Sandiganbayan
granted
the
motion
to
quash
because
they
did
not
allege
and
prove
the
actual
damages
caused.
The
Ombudsman
re-‐filed
the
case
and
submitted
a
second
information
which
now
states
that
the
accused
gave
unwarranted
New
Information:
The
undersigned
Prosecutor
of
the
Office
of
the
Special
benefit
or
advantage
to
Olimpio
Legua
a
non-‐accredited
contractor.
The
petitioners
filed
Prosecutor/Office
of
the
Ombudsman,
hereby
accuses,
MAYOR
QUINTIN
B.
SALUDAGA
a
motion
that
there
should
be
a
new
preliminary
investigation
since
the
prosecutors
and
SPO2
FIEL
E.
GENIO,
for
the
violation
of
Section
3(e)
of
Republic
Act
3019,
as
submitted
a
new
information
or
at
least
had
significant
amendments.
Sandiganbayan
amended,
otherwise
known
as
the
Anti-‐Graft
and
Corrupt
Practices
Act,
committed
as
denied
their
petition.
SC
upheld
the
decision
of
the
Sandiganbayan.
There
was
no
follows:That
in
or
about
the
months
of
November
and
December,
1997
at
the
significant
amendment
to
warrant
another
preliminary
investigation
because
they
were
Municipality
of
Lavezares,
Province
of
Northern
Samar,
Philippines,
and
within
the
charged
with
the
same
offense,
only
the
mode
of
commission
was
modified.
The
accused
jurisdiction
of
this
Honorable
Court,
accused
QUINTIN
B.
SALUDAGA,
a
high
ranking
also
claimed
that
there
should
be
a
preliminary
investigation
because
there
was
newly
public
official
being
then
the
Mayor
of
Lavezares,
Northern
Samar,
and
committing
the
discovered
evidence.
The
court
struck
this
down
as
the
evidence
they
were
referring
to
crime
herein
charged
while
in
the
discharge
of
his
official
administrative
function,
was
already
examined
in
the
previous
preliminary
investigation.
conspiring
and
conniving
with
accused
SPO2
FIEL
B.
GENIO,
a
member
of
Lavezares
Police
Force
(PNP)
and
with
the
late
OLIMPIO
LEGUA,
a
private
individual,
with
deliberate
Mendoza,
J.
intent,
did
then
and
there
willfully,
unlawfully
and
criminally
give
unwarranted
benefit
Factual
Antecedents:
or
advantage
to
the
late
Olimpio
Legua,
a
non-‐license
contractor
and
non-‐accredited
• An
Information
was
filed
on
September
13,
2000
was
filed
against
Saludaga
and
NGO,
through
evident
bad
faith
and
manifest
partiality
by
then
and
there
entering
into
a
Genio
for
violation
of
Section
3(e)
of
RA
3019
(the
anti-‐graft
and
corrupt
Pakyaw
Contract
with
the
latter
for
the
Construction
of
Barangay
Day
Care
Centers
for
practices
act)
barangays
Mac-‐Arthur
and
Urdaneta,
Lavezares,
Northern
Samar,
in
the
amount
of
FIRST
INFORMATION:
(Sorry
had
to
put
it
here
pero
substitution
of
information
ang
topic
eh)
FORTY
EIGHT
THOUSAND
FIVE
HUNDRED
PESOS
(P48,500.00)
each
or
a
total
of
NINETY
The
undersigned
Graft
Investigation
Officer
of
the
Office
of
the
Ombudsman-‐Visayas,
SEVEN
THOUSAND
PESOS
(P97,000.00)
Philippine
Currency,
without
the
benefit
of
a
accuses
QUINTIN
B.
SALUDAGA
and
SPO2
FIEL
E.
GENIO,
for
VIOLATION
OF
SECTION
3(e)
competitive
public
bidding
to
the
prejudice
of
the
Government
and
public
interest.
OF
REPUBLIC
ACT
NO.
3019,
AS
AMENDED
(THE
ANTI-‐GRAFT
AND
CORRUPT
PRACTICES
ACT),
committed
as
follows:
• Petitioners
filed
a
motion
that
they
should
be
afforded
a
NEW
preliminary
That
in
or
about
the
months
of
November
and
December,
1997,
at
the
Municipality
of
investigation
since
the
prosecution
substituted
a
new
information
or
at
least
Lavezares,
Province
of
Northern
Samar,
Philippines,
and
within
the
jurisdiction
of
this
significantly
amended
the
previous
one.
Plus,
they
claimed
that
since
there
was
Honorable
Court,
above-‐named
accused,
public
officials,
being
the
Municipal
Mayor
and
newly
discovered
evidence
there
was
a
need
to
re
examine
a
filing
of
the
case.
PNP
Member
of
Lavezares,
Northern
Samar
in
such
capacity
and
committing
the
offense
• Sandiganbayan
denied
the
motion
for
preliminary
investigation
thus
the
in
relation
to
office,
conniving,
confederating
and
mutually
helping
with
one
another,
and
present
case
of
certiorari
and
mandamus.
with
the
late
Limpio
Legua,
a
private
individual,
with
deliberate
intent,
with
evident
bad
faith
and
manifest
partiality,
did
then
and
there
willfully,
unlawfully
and
feloniously
enter
Issue/s:
into
a
Pakyaw
Contract
for
the
Construction
of
Barangay
Day
Care
Centers
for
1. WoN
the
Sandiganbayan
committed
grave
abuse
of
discretion
amounting
to
lack
or
Barangays
Mac-‐arthur
and
Urdaneta,
Lavezares,
Northern
Samar,
each
in
the
amount
excess
of
jurisdiction
when
it
refused
to
order
a
preliminary
investigation
when
the
of
FORTY-‐EIGHT
THOUSAND
FIVE
HUNDRED
PESOS
(P48,500.00),
Philippine
Currency,
or
a
second
information
was
submitted.
NO.
total
amount
of
NINETY-‐SEVEN
THOUSAND
PESOS
(P97,000.00),
Philippine
Currency,
2. WoN
the
Sandiganbayan
committed
GADALEJ
when
it
refused
to
order
a
preliminary
without
conducting
a
competitive
public
bidding,
thus
depriving
the
government
the
investigation
since
the
second
information
contained
substantial
amendments.
NO.
chance
to
obtain
the
best,
if
not,
the
most
reasonable
price,
and
thereby
awarding
said
3. Won
the
Sandiganbayan
committed
GADALEJ
when
it
refused
to
order
a
preliminary
contracts
to
Olimpio
Legua,
a
non-‐license
contractor
and
non-‐accredited
NGO,
in
violation
investigation
although
the
newly
discovered
evidence
mandates
re-‐examination
of
of
Sec.
356
of
Republic
Act
No.
7160
(The
Local
Government
Code)
and
COA
Circular
No.
the
finding.
91-‐368,
to
the
damage
and
prejudice
of
the
government.
• Sandiganbayan
granted
petitioners’
motion
to
quash
first
information
because
Held:
it
did
not
allege
and
prove
the
actual
damages
caused
to
the
government
which
Issue
1
and
2:
(Issue/s
1
and
2
are
similar
and
was
summarized
as:
WoN
the
2
ways
of
was
an
essential
element
of
the
crime
charged.
violating
section
3(e)
of
RA
3019
namely:
a)
causing
undue
injury
to
any
party,
including
• Ombudsman
directed
Office
of
the
Special
Prosecutor
(OSP)
to
amend
the
the
government;
b)
by
giving
any
private
party
any
unwarranted
benefit,
advantage
or
information
and
re-‐file
with
the
Sandiganbayan
preference
constitute
two
distinct
and
separate
offenses)
• OSP
re-‐filed
the
information
Section
3.
Corrupt
practices
of
public
officers.-‐
In
addition
to
acts
or
omissions
of
public
Issue
3:
(no
antecedent
facts
for
this
issue)
officers
already
penalized
by
existing
law,
the
following
shall
constitute
corrupt
practices
Under
Section
2,
Rule
121
of
the
Rules
of
Court;
Requisites
for
newly
of
any
public
officer
and
are
hereby
declared
to
be
0unlawful:
discovered
evidence:
x
x
x
a) The
evidence
was
discovered
after
trial
(in
this
case
after
investigation)
(e)
Causing
any
undue
injury
to
any
party,
including
the
Government,
or
giving
any
b) Such
evidence
could
not
have
been
discovered
and
produced
at
the
trial
private
party
any
unwarranted
benefits,
advantage
or
preference
in
the
discharge
of
his
with
reasonable
diligence
official,
administrative
or
judicial
functions
through
manifest
partiality,
evident
bad
faith
c) That
it
is
material,
not
merely
cumulative,
corroborative
or
impeaching,
or
gross
inexcusable
negligence.
This
provision
shall
apply
to
officers
and
employees
and
is
of
such
weight
that,
if
admitted,
will
probably
change
the
judgment.
charged
with
the
grant
of
licenses
or
permits
or
other
concessions.
o Pornelos
affidavit
which
Saludaga
claimed
as
newly
discovered
was
already
in
The
essential
elements
of
the
offense
are
as
follows:
existence
prior
to
the
re-‐filing
of
the
case.
In
fact,
it
was
one
of
the
documents
1.
The
accused
must
be
a
public
officer
discharging
administrative,
judicial
or
official
considered
during
the
preliminary
investigation.
functions;
2.
He
must
have
acted
with
manifest
partiality,
evident
bad
faith
or
inexcusable
Additional
Note:
In
line
with
the
appellants
motion
for
certiorari:
Without
good
and
negligence;
and
compelling
reason,
The
court
cannot
interfere
with
the
exercise
of
the
Ombudsman
to
3.
That
his
action
caused
any
undue
injury
to
any
party,
including
the
government,
or
investigate
and
prosecute.
<-‐Case
Law
giving
any
private
party
unwarranted
benefits,
advantage
or
preference
in
the
discharge
of
his
functions.
• Each
mode
does
not
constitute
distinct
offenses,
but
rather,
that
an
accused
may
TOPIC:
Amended
Information
be
charged
under
either
mode
or
under
both.
• There
was
no
substitution
of
information,
the
first
and
second
information
3.
Bonifacio
v.
RTC
of
Makati
(JG)
charged
the
SAME
offense,
only
the
mode
of
commission
was
modified.
May
5,
2010
• They
cannot
invoke
the
ruling
in
Villaflor
v.
Vivar
that
they
were
deprived
of
due
J.
Carpio-‐Morales
process
because
they
were
given
a
full
blown
preliminary
investigation
where
they
both
actively
participated.
Petitioners:
Winona
M.
Bonifacio,
Jocelyn
Upano,
Vicente
Oruoste,
Jovencio
Pereche,
Sr.
• The
giving
undue
injury
and
conferring
unwarranted
benefits
are
NOT
two
distinct
Respondents:
Regional
Trial
Court
of
Makati,
Branch
149,
and
Jessie
John
Gimenez
violations,
they
are
both
founded
on
the
same
transaction
and
the
evidentiary
requirements
for
both
parties
remain
the
same.
RECIT-‐READY
VERSION:
• People
v.
Lacson
(instances
where
a
new
preliminary
investigation
is
required
Upon
a
complaint
by
Jessie
John
Gimenez,
13
Informations
for
libel
were
filed
with
the
even
if
the
same
information
is
refiled)
Makati
RTC
against
officers,
trustees,
and
a
member
of
the
Parents
Enabling
Parents
o Case
where
the
original
witnesses
of
the
prosecution
or
some
of
them
may:
Coalition,
Inc
(PEPCI)
and
the
administrator
of
www.pepcoalition.com.
The
Informations
Have
recanted
their
testimonies;
alleged
that
the
accused
maliciously
published
(in
a
forum
for
planholders
of
Pacific
May
have
died;
Plans,
Inc.)
defamatory
articles
against
the
Yuchengco
Family
(owner
of
Pacific
Plans)
and
No
longer
available
Malayan
Insurance.
The
RTC
allowed
the
prosecution
to
amend
the
Information
to
show
AND
new
witnesses
for
the
State
have
emerged
that
the
website
was
“accessible
in
Makati
City”
and
the
defamatory
article
“was
first
o Aside
from
the
accused,
other
persons
are
charged
under
a
new
criminal
published
and
accessed
by
the
private
complainant
in
Makati
City.”
The
Supreme
Court
complaint
for
the
same
offense
or
necessarily
included
therein
held
that
the
Amended
Information
was
insufficient
to
vest
jurisdiction
in
Makati
and
the
o If
under
a
new
criminal
complaint,
the
original
charge
has
been
upgraded
RTC
gravely
abused
its
discretion
in
admitting
such.
Also,
since
the
case
involves
pure
o Under
new
criminal
complaint,
criminal
liability
of
the
accused
is
upgraded
question
of
law
involving
jurisdiction
in
criminal
complaints
for
libel,
the
petitioners
did
from
accessory
to
principal
not
violate
the
rule
on
hierarchy
of
courts
by
filing
the
petition
directly
with
the
Supreme
o (NO
such
circumstance
was
in
this
case)
Court.
FACTS:
• After
the
RTC
admitted
the
Amended
Information,
several
of
the
accused
• On
behalf
of
the
Yuchengco
Family
(particularly
former
Ambassador
Alfonso
(petitioners)
filed
a
petition
for
certiorari
and
prohibition
with
the
Supreme
Court
Yuchengco
and
Helen
Y.
Dee
and
of
the
Malayan
Insurance
Co.,
Inc.),
Jessie
John
faulting
the
RTC.
Gimenez
filed
a
criminal
complaint
for
13
counts
of
libel
under
Article
355
in
relation
to
Article
353
of
the
RPC
against
Philip
Piccio,
Mia
Gatmaytan
and
Ma.
Anabella
ISSUES:
Relova
Santos,
who
are
officers
of
Parents
Enabling
Parents
Coalition,
Inc.
(PEPCI),
(1) Whether
or
nor
the
petitioners,
in
filing
the
petition
directly
to
the
Supreme
Court,
John
Joseph
Gutierrez,
Jeselyn
Upano,
Jose
Dizon,
Rolanda
Pareja,
Wonina
violated
the
rule
on
hierarchy
of
courts
and
thus
render
the
petition
dismissible
-‐
Bonifacio,
Elvira
Cruz,
Cornelio
Zafra,
Vicente
Ortueste,
Victoria
Gomez
Jacinto,
NO
Jurencio
Pereche,
Ricardo
Loyares
and
Peter
Suchianco,
who
are
trustees
of
PEPCI,
(2) Whether
or
not
the
RTC
gravely
abused
its
discretion
when
it
admitted
the
Trennie
Monsod,
a
member
of
PEPCI
(collectively,
the
accused),
and
a
certain
John
Amended
Information
-‐
YES
Doe,
the
administrator
of
the
website
www.pepcoalition.com,
before
the
Makati
City
Prosecutor’s
Office.
RULING:
• The
website
www.pepcoalition.com
provides
a
forum
for
planholders
of
Pacific
(1)
As
a
rule,
strict
observance
of
the
judicial
hierarchy
of
courts
requires
that
recourse
Plans,
Inc.
–
owned
by
the
Yuchengco
Group
of
Companies
–
to
seek
redress
for
must
first
be
made
to
the
lower-‐ranked
court
exercising
concurrent
jurisdiction
with
a
being
able
to
collect
under
their
pre-‐need
educational
plans
after
PPI
filed
for
higher
court.
Thus,
petitions
for
the
issuance
of
extraordinary
writs
against
the
RTC
corporate
rehabilitation
with
prayer
for
suspension
of
payments,
due
to
liquidity
should
be
filed
in
the
Court
of
First
Appeals.
The
rule,
however,
admits
of
certain
concerns.
exceptions
as
when
the
case
involves
purely
legal
questions.
In
this
case,
petitioners
• The
Informations
alleged
that
the
accused,
holding
legal
title
to
the
said
website,
raised
a
pure
question
of
law
involving
jurisdiction
in
criminal
complaints
for
libel
under
maliciously
published
on
August
25,
2005
the
following
defamatory
article
against
Article
360
of
the
RPC,
as
amended
by
R.A.
No.
4363:
the
Yuchengco
Family
and
Malayan:
Art.
360.
Persons
responsible.—Any
person
who
shall
publish,
exhibit
Talagang
naisahan
na
naman
tayo
ng
mga
or
cause
the
publication
or
exhibition
of
any
defamation
in
writing
or
Yuchengcos.
Nangyari
na
ang
mga
kinatatakutan
by
similar
means,
shall
be
responsible
for
the
same.
kong
pagbagsak
ng
negotiation.
x
x
x
x
x
x
x
x
x
The
author
or
editor
of
a
book
or
pamphlet,
or
the
editor
or
For
sure
may
tactics
pa
silang
nakabasta
sa
atin.
business
manager
of
a
daily
newspaper,
magazine
or
serial
Let
us
be
ready
for
it
because
they
had
publication,
shall
be
responsible
for
the
defamations
contained
successfully
lull
us
and
the
next
time
they
will
try
therein
to
the
same
extent
as
if
he
were
the
author
thereof.
to
kill
us
na.
x
x
x
The
criminal
action
and
civil
action
for
damages
in
cases
of
• However,
on
appeal,
the
Secretary
of
Justice
directed
the
withdrawal
of
the
written
defamations,
as
provided
for
in
this
chapter
shall
be
filed
Informations
for
lack
of
probable
cause,
opining
that
the
crime
of
“internet
libel”
simultaneously
or
separately
with
the
Court
of
First
Instance
of
the
was
not
existent.
province
or
city
where
the
libelous
article
is
printed
and
first
• On
motion
of
the
accused,
the
RTC,
albeit
finding
probable
cause,
quashed
the
published
or
where
any
of
the
offended
parties
actually
resides
at
the
Informations
for
failure
to
allege
that
the
offended
parties
were
actually
residing
in
time
of
the
commission
of
the
offense:
Provided,
however,
That
Makati
at
the
time
the
offense
was
committed
as
in
face
they
listed
their
address
in
where
one
of
the
offended
parties
is
a
public
officer
whose
office
is
in
Manila,
or
to
allege
that
the
article
was
printed
and
first
published
in
Makati.
the
City
of
Manila
at
the
time
of
the
commission
of
the
offense,
the
• The
prosecution
moved
for
reconsideration,
arguing
that
even
assuming
the
action
shall
be
filed
in
the
Court
of
First
Instance
of
the
City
of
Manila
Information
was
deficient,
it
merely
needed
a
formal
amendment.
or
of
the
city
or
province
where
the
libelous
article
is
printed
and
first
• The
RTC
granted
the
motion
and
ordered
the
prosecution
to
amend
the
Information
published,
and
in
case
such
public
officer
does
not
hold
office
in
the
to
cure
the
defect
of
improper
venue.
City
of
Manila,
the
action
shall
be
filed
in
the
Court
of
First
Instance
of
• The
prosecution
amended
the
Information
to
show
that
the
website
was
“accessible
the
province
or
city
where
he
held
office
at
the
time
of
the
in
Makati
City”
and
the
defamatory
article
“was
first
published
and
accessed
by
the
commission
of
the
offense
or
where
the
libelous
article
is
printed
and
private
complainant
in
Makati
City.”
first
published
and
in
case
one
of
the
offended
parties
is
a
private
individual,
the
action
shall
be
filed
in
the
Court
of
First
Instance
of
the
province
or
city
where
he
actually
resides
at
the
time
of
the
the
Ombudsman.
A
panel
of
prosecutors
reviewed
the
case
and
recommended
the
commission
of
the
offense
or
where
the
libelous
matter
is
printed
dismissal
of
the
motion
for
reconsideration,
which
the
Ombudsman
did.
The
and
first
published.
Ombudsman
also
went
ahead
and
scheduled
an
arraignment.
Ramiscal
then
filed
a
second
MR.
Pending
the
resolution
of
the
second
MR,
he
was
arraigned.
The
issue
was
(2)
The
Amended
Information
was
insufficient
to
vest
jurisdiction
in
Makati.
W/N
Ramiscal
could
be
arraigned
while
an
MR
was
pending.
The
Supreme
Court
held
For
the
Court
to
hold
that
the
Amended
Information
sufficiently
vested
jurisdiction
in
the
that
under
the
Rules
of
Procedure
of
the
Office
of
the
Ombudsman,
the
filing
of
an
MR
courts
of
Makati
simply
because
the
defamatory
article
was
accessed
therein
would
open
does
not
bar
the
filing
of
an
information
and
the
institution
of
the
arraignment
of
the
the
floodgates
to
the
libel
suit
being
filed
in
all
other
locations
where
accused.
Also,
only
one
MR
can
be
allowed,
because
if
subsequent
MR’s
are
to
be
the
pepcoalition
website
is
likewise
accessed
or
capable
of
being
accessed.
To
credit
allowed,
then
there
will
be
no
end
to
litigation.
Gimenez’s
premise
of
equating
his
first
access
to
the
defamatory
article
on
petitioners’
website
in
Makati
with
“printing
and
first
publication”
would
spawn
the
very
ills
that
the
Facts
amendment
to
Article
360
of
the
RPC
sought
to
discourage
and
prevent.
It
hardly
requires
much
imagination
to
see
the
chaos
that
would
ensue
in
situations
where
the
During
Ramiscal’s
term
as
president
of
AFP-‐RSBS,
the
Board
of
Trustees
approved
the
website’s
author
or
writer,
a
blogger
or
anyone
who
posts
messages
therein
could
be
acquisition
of
land
in
General
Santos
for
development
as
housing
projects.
Ramiscal,
sued
for
libel
anywhere
in
the
Philippines
that
the
private
complainant
may
have
together
with
his
attorney-‐in-‐fact
NiloFlaviano,
executed
and
signed
deeds
of
sale
over
allegedly
accessed
the
offending
website.
the
property.
The
actual
purchase
price
was
P10,500,
but
the
deeds
only
reflect
P3,000.
Transfer
of
certificates
titles
(TCTs)
were
subsequently
issued
by
the
Registry
of
Deeds.
IN
FINE,
the
public
respondent
committed
grave
abuse
of
discretion
in
denying
petitioners’
motion
to
quash
the
Amended
Information.
Thereafter,
General
Santos
City
Congresswoman
Luwalhati
Antonio
filed
a
complaint-‐
affidavit
against
Ramiscal
in
the
Office
of
the
Ombudsman
for
violations
of
RA
3019
(Anti-‐
WHEREFORE,
the
petition
is
GRANTED.
The
assailed
Order
of
April
22,
2008
and
the
Joint
Graft
and
Corrupt
Practices
Act)
and
malversation
through
falsification.
After
a
Resolution
of
August
12,
2008
are
hereby
SET
ASIDE.
The
Regional
Trial
Court
of
Makati
preliminary
investigation,
the
Ombudsman
found
Ramiscal
and
Flaviano
probably
guilty
City,
Br.
149
is
hereby
DIRECTED
TO
QUASH
the
Amended
Information
in
Criminal
Case
of
twelve
counts
of
falsification
and
a
violation
of
RA
3019.
No.
06-‐876
and
DISMISS
the
case.
Ramiscal
filed
with
the
Ombudsman
a
motion
for
reconsideration
to
reconsider
the
Ombudsman’s
finding
of
probable
cause
on
February
1999,
with
a
supplemental
motion
filed
on
May
1999.The
Ombudsman
disposed
of
Ramiscal’s
first
motion
for
TOPIC:
Filing
of
Information
if
there
is
pending
Motion
for
Reconsideration
reconsideration.
4.
Ramiscal
v.
Sandiganbayan
(JT)
A
panel
of
prosecutors
reviewed
the
case.
They
found
that
Ramiscal
indeed
participated
in
and
affixed
his
signature
on
the
contracts,
deeds,
vouchers
and
checks
pertinent
to
the
G.R.
Nos.
172476-‐99
allegedly
criminal
transactions.
The
panel
concluded
the
existence
of
a
probable
cause
September
15,
2010
and
recommended
to
continue
prosecution.
They
recommended
the
dismissal
of
Carpio,
J.
Ramiscal’s
motion
for
reconsideration.
The
Ombudsman
approved
the
recommendation
and
scheduled
Ramiscal’s
arraignment.
Ramiscal
then
filed
another
motion
for
Petitioner:
Retired
Brigadier
General
Jose
Ramiscal,
Jr.
–
he
served
as
the
president
for
reconsideration.
the
AFP-‐Retirement
and
Separation
Benefits
System
(AFP-‐RSBS)
Respondents:
Sandiganbayan,
People
of
the
Philippines
Ramiscal
was
arraigned,
and
refused
to
give
a
plea,
so
Sandiganbayan
entered
a
plea
of
not
guilty.
Ramiscal
then
filed
a
motion
to
set
aside
his
arraignment,
pending
the
[NOTE:
Rule
110
was
never
mentioned
in
the
case.]
resolution
of
his
second
motion
for
reconsideration.
The
motion
to
set
aside
was
denied
by
the
Sandiganbayan.
It
also
pointed
out
that
the
second
motion
for
reconsideration
is
a
Recit-‐ready
version:
prohibited
pleading.
The
Ombudsman
found
retired
Brigadier
General
Ramiscal
and
his
attorney-‐in-‐fact
Flaviano
probably
guilty
of
a
violation
of
the
Anti-‐Graft
and
Corrupt
Practices
Act,
and
of
Issue/Held:
Did
the
Sandiganbayan
commit
GADALEJ
when
it
denied
Ramiscal’s
motion
falsification.
Ramiscal
filed
a
motion
for
reconsideration
(MR),
which
was
disposed
of
by
to
set
aside
pending
the
resolution
of
his
second
motion
for
reconsideration?
–
NO.
Ratio:
I. Rules
of
Procedure
of
the
Office
of
the
Ombudsman
A. Section
7,
Rule
II
thereof
provides:
TOPIC:
Prescription
1. “Only
one
motion
for
reconsideration
or
reinvestigation
of
an
approved
order
or
resolution
shall
be
allowed.
xxx”
5.
Panaguiton
v.
DOJ
(KL)
2. “The
filing
of
a
motion
for
reconsideration/reinvestigation
shall
not
bar
the
filing
of
the
corresponding
information
in
Court
on
the
basis
of
the
G.R.
No.
167571
November
25,
2008
finding
of
probable
cause
in
the
resolution
subject
of
the
motion.”
(This
is
the
case
about
prescription
so
take
note
of
the
dates.)
B. “If
the
filing
of
a
motion
for
reconsideration
of
the
resolution
finding
probable
Ken’s
Keywords:
BP
22,
prescription,
preliminary
investigation
cause
cannot
bar
the
filing
of
the
corresponding
information,
then
neither
can
it
bar
the
arraignment
of
the
accused,
which
in
the
normal
course
of
criminal
LUIS
PANAGUITON,
JR.,
petitioner
vs.
DEPARTMENT
OF
JUSTICE,
RAMON
C.
TONGSON
procedure
logically
follows
the
filing
of
the
information.”
and
RODRIGO
G.
CAWILI,
respondents.
C. The
Ombudsman
had
already
denied
Ramiscal’s
first
motion
for
reconsideration.
Ponente:
TINGA,
J.
D. If
the
Ombudsman
would
allow
subsequent
motions
for
reconsideration,
then
there
will
be
no
end
to
litigation.
RRV:
II. Arraignment
A. Arraignment
is
that
stage
where
the
accused
is
formally
informed
of
the
On
1993,
Cawili
and
Tongson
issued
checks
that
were
dishonored
and
on
August
1995,
charges
against
him,
and
to
which
he
enters
a
plea
of
guilty
or
not
guilty.
petitioner
filed
a
complaint
in
violation
of
BP
22
against
them.
Tongson
was
found
to
be
B. Under
RA
8493
(Speedy
Trial
Act)
and
Rule
116
of
the
Rules
of
Court,
the
innocent
based
on
the
preliminary
investigation.
On
March
1999,
the
City
Prosecutor
arraignment
must
commence
within
30
days
from
the
time
the
court
acquires
dismissed
the
complaint
against
Tongson
since
the
prescriptive
period
of
4
years
had
jurisdiction
over
the
person
of
the
accused.
lapsed.
Petitioner
appealed
to
the
DOJ
and
Usec.
Teehankee
rejected
the
petition
but
C. Under
Rule
116,
arraignment
can
be
suspended
when:
Usec.
Guiterrez
overturned
his
decision
and
ordered
a
reinvestigation
with
the
QC
1. The
accused
is
suffering
from
an
unsound
mind
prosecutor.
The
DOJ
overturned
their
previous
decision
and
ruled
that
the
offense
has
2. There
is
a
prejudicial
question
prescribed.
CA
ruled
against
the
petitioner.
The
SC
ruled
in
favor
of
the
petitioner
and
3. There
is
a
pending
petition
for
review
at
the
DOJ
or
the
Office
of
the
reversed
the
decision
of
the
CA.
The
prescriptive
period
was
interrupted
by
the
August
President
1995
preliminary
investigation.
This
ruling
was
based
on
previous
cases
that
any
kind
of
D. Ramiscal
failed
to
show
a
valid
ground
for
suspension
of
the
arraignment.
investigative
proceeding
instituted
against
the
guilty
person
which
may
ultimately
lead
to
III. Ombudsman’s
powers
his
prosecution
should
be
sufficient
to
toll
prescription.
A. The
Supreme
Court
has
consistently
refrained
from
interfering
with
the
exercise
of
the
Ombudsman
of
his
investigatory
and
prosecutory
powers.
Facts:
B. Thus,
the
decision
of
the
panel
of
prosecutors,
which
was
upheld
by
the
• This
is
a
petition
for
review
on
the
decision
of
the
CA.
Ombudsman,
prevails.
• In
1992,
Rodrigo
Cawili
(Cawili)
borrowed
various
sums
of
money
amounting
to
C. The
Supreme
Court
will
only
step
in
when
there
is
GADALEJ.
In
this
case,
there
P1,979,459.00
from
petitioner.
On
January
8,
1993,
Cawili
and
his
business
was
none.
associate,
Ramon
C.
Tongson
(Tongson),
jointly
issued
in
favor
of
petitioner
three
(3)
IV. Suspension
of
proceedings
before
the
Sandiganbayan
checks
in
payment
of
the
said
loans.
A. The
filing
of
a
certiorari
petition
before
the
Sandiganbayan
does
not
merit
a
• Upon
presentment
for
payment
on
March
18,
1993,
the
checks
were
dishonored,
suspension
of
the
proceedings
before
it.
either
for
insufficiency
of
funds
or
by
the
closure
of
the
account.
Petitioner
made
B. Exception:
when
there
a
TRO
or
preliminary
injunction
issued
against
the
formal
demands
to
pay
the
amounts
of
the
checks
upon
Cawili
on
May
23,
1995
and
Sandiganbayan.
upon
Tongson
on
June
26,
1995,
but
to
no
avail.
• On
August
24,
1995,
petitioner
filed
a
complaint
against
Cawili
and
Tongson for
WHEREFORE,
we
DENY
the
petition.
We
AFFIRM
the
assailed
5
April
2006
Resolution
of
violating
B.P.
Blg.
22
before
the
QC
City
Prosecutor.
the
Sandiganbayan
in
Criminal
Case
Nos.
25122-‐45,
which
denied
petitioner’s
motion
to
• Only
Tongson
appeared
for
the
preliminary
investigation.
Tongson
contends
that
he
set
aside
his
arraignment.
This
Decision
is
immediately
executory.
was
never
a
business
associate
of
Cawili
and
his
signature
was
falsified.
On
December
6,
1995, City
Prosecutor
III
Lara
found
probable
cause
only
against
Cawili
executive
when
it
involves
the
investigation
phase
and
judicial
when
it
refers
to
the
and
dismissed
the
charges
against
Tongson.
trial
and
judgment
stage.”
• Chief
State
Prosecutor
Zuño
directed
the
City
Prosecutor
of
Quezon
City
to
conduct
• Any
kind
of
investigative
proceeding
instituted
against
the
guilty
person
which
a
reinvestigation
of
the
case
against
Tongson
and
to
refer
the
questioned
signatures
may
ultimately
lead
to
his
prosecution
should
be
sufficient
to
toll
prescription.
to
the
NBI.
• We
rule
and
so
hold
that
the
offense
has
not
yet
prescribed.
Petitioner
's
filing
of
his
• On
15
March
1999,
Assistant
City
Prosecutor
Sampaga
(ACP
Sampaga)
dismissed
the
complaint-‐affidavit
before
the
Office
of
the
City
Prosecutor
on
August
24,
1995
complaint
against
Tongson
without
referring
the
matter
to
the
NBI
per
the
Chief
signified
the
commencement
of
the
proceedings
for
the
prosecution
of
the
accused
State
Prosecutor's
resolution.
In
her
resolution,
ACP
Sampaga
held
that
the
case
had
and
thus
effectively
interrupted
the
prescriptive
period
for
the
offenses
they
had
already
prescribed
pursuant
to
Act
No.
3326
(An
Act
to
Establish
Prescription
for
been
charged
under
B.P.
Blg.
22.
Violations
of
Special
Acts
and
Municipal
Ordinances
and
to
Provide
When
Prescription
Shall
Begin)
which
provides
that
violations
penalized
by
B.P.
Blg.
22
shall
prescribe
after
4
years.
In
this
case,
the
4-‐year
period
started
on
the
date
the
checks
were
dishonored,
or
on
January
20,
1993
and
March
18,
1993.
The
filing
of
the
TOPIC:
Control
and
Direction
of
Criminal
Action
complaint
before
the
Quezon
City
Prosecutor
on
August
24,
1995
did
not
interrupt
the
running
of
the
prescriptive
period,
as
the
law
contemplates
judicial,
and
not
6.
Pinote
v.
Ayco
(BA)
administrative
proceedings.
A.M.
No.
RTJ-‐05-‐1944
• Petitioner
appealed
to
the
DOJ
but
then
Undersecretary
Manuel
AJ
Teehankee
said
Petitioner:
State
Prosecutor
Ringcar
B.
Pinote
the
offense
had
prescribed.
Petitioner
filed
a
motion
for
reconsideration
and
then
Respondent:
Judge
Roberto
L.
Ayco
Undersecretary
Merceditas
Guiterrez
ruled
that
the
offense
had
not
yet
prescribed
Ponente:
Carpio-‐Morales,
J.
citing
Ingco
v.
Sandiganbayan.
Based
on
this,
on
July
8,
2003,
the
QC
City
Prosecutor's
Office
filed
an
information
charging
Tongson
with
3
counts
of
violation
Emergency
Recit:
of
B.P.
Blg.
22.
On
Aug
13
and
20,
2004,
Judge
Ayco
of
Branch
26
of
RTC
of
South
Cotabato
allowed
the
• Tongson
appealed
and
the
DOJ
reversed
their
earlier
decision
based
on
the
ruling
in
defense
in
a
criminal
case
to
present
evidence
consisting
of
the
testimony
of
2
witnesses
Zaldivia
v.
Reyes,
Jr,
which
says
that
the
prescriptive
period
is
tolled
only
upon
filing
without
the
presence
of
State
Prosecutor
Pinote
who
was
prosecuting
the
case.
Pinote
of
the
information
in
court.
They
ordered
the
withdrawal
of
the
3
informations
was
absent
becausehe
underwent
medical
treatment
during
the
said
dates.
He
refused
against
Tongson.
to
cross-‐examine
the
2
witnesses,
insisting
that
the
proceedings
on
the
said
dates
are
null
• The
CA
affirmed
the
DOJ’s
decision
due
to
lack
of
merit
and
non
compliance
of
and
void.
He
filed
a
manifestation
before
the
trial
court
explaining
his
absence
and
that
formal
requirements.
Judge
Ayco’s
act
was
erroneous
and
highly
irregular.
The
Office
of
the
Court
Administrator
said
that
Ayco
breached
Rule
110
sec
5
of
Revised
Rules
on
Criminal
Issue:
W/N
the
offense
has
prescribed.
(No.)
Procedure.
”All
criminal
actions
commenced
by
a
complaint
or
information
shall
be
Held:
WHEREFORE,
the
petition
is
GRANTED.
The
resolutions
of
the
Court
of
Appeals
prosecuted
under
the
direction
and
control
of
the
prosecutor.”
and
recommended
that
dated
29
October
2004
and
21
March
2005
are
REVERSED
and
SET
ASIDE.
The
resolution
he
be
reprimanded.
The
SC
agreed
that
Judge
Ayco
transgressed
the
Rules
and
said
that
of
the
Department
of
Justice
dated
9
August
2004
is
also
ANNULLED
and
SET
ASIDE.
The
criminal
cases
are
affront
to
the
People
of
the
Philippines
as
a
whole
and
public
Department
of
Justice
is
ORDERED
to
REFILE
the
information
against
the
petitioner.
prosecutor
in
the
trial
of
criminal
cases
is
necessary
to
protect
vital
state
interests,
foremost
of
which
is
its
interest
to
vindicate
the
rule
of
law,
the
bedrock
of
peace
of
the
Ratio:
people.
The
SC
ordered
Judge
Ayco
to
pay
a
fine
of
P5,000
with
a
warning
that
repetition
• In
Ingco
v.
Sandiganbayan
and
Sanrio
Company
Limited
v.
Lim,
which
involved
of
this
act
or
anything
similar
will
be
dealt
with
more
severely.
violations
of
the
Anti-‐Graft
and
Corrupt
Practices
Act
(R.A.
No.
3019)
and
the
Intellectual
Property
Code
(R.A.
No.
8293),
which
are
both
special
laws,
the
Facts:
Court
ruled
that
the
prescriptive
period
is
interrupted
by
the
institution
of
• On
Aug
13
and
20,
2004,
Judge
Roberto
L.
Ayco
of
Branch
26,
RTC
of
South
Cotabato
proceedings
for
preliminary
investigation
against
the
accused.
allowed
the
defense
in
the
criminal
case
of
“People
v.
Vice
Mayor
Salvador
Ramos,
• Based
on
the
SC’s
ruling
in
Securities
and
Exchange
Commission
v.
Interport
et
al.,”
for
violation
of
Sec
3
of
PD
No.
1866,
to
present
evidence
consisting
of
the
Resources
Corporation,
et
al.,
“the
investigation
of
the
charge
for
purposes
of
testimony
of
2
witnesses,
even
in
the
absence
of
State
Prosecutor
Ringcar
B.
prosecution
has
become
the
exclusive
function
of
the
executive
branch,
the
term
Pinotewho
was
prosecuting
the
case.
On
said
dates,
Pinote
was
undergoing
medical
"proceedings"
should
now
be
understood
either
executive
or
judicial
in
character:
treatment
at
the
Philippine
Heart
Center
in
Quezon
City.
• On
the
subsequent
scheduled
hearings
of
the
criminal
case,
Pinote
refused
to
cross-‐ the
trial
ofcriminal
cases
is
necessary
to
protect
vital
state
interests,
foremost
of
examine
the
2
defense
witnesses,
despite
being
ordered
by
Judge
Ayco,
he
which
is
its
interestto
vindicate
the
rule
of
law,
the
bedrock
of
peace
of
the
people.
maintaining
that
the
proceedings
conducted
on
August
13
and
20,
2004
in
his
• Respondent’s
act
of
allowing
the
presentation
of
the
defense
witnesses
in
absence
were
void.
theabsence
of
complainant
public
prosecutor
or
a
private
prosecutor
designated
for
• Pinote
filed
a
Manifestation
before
the
trial
court,
stating
why
he
was
not
present
thepurpose
is
thus
a
clear
transgression
of
the
Rules
which
could
not
be
rectified
on
the
said
dates
and
reiterating
his
position
that
Judge
Ayco’s
act
of
allowing
the
bysubsequently
giving
the
prosecution
a
chance
to
cross-‐examine
the
witnesses.
defense
to
present
evidence
in
his
absence
was
erroneous
and
highly
irregular.
He
• Respondent’s
intention
to
uphold
the
right
of
the
accused
to
a
speedy
disposition
thus
prayed
that
he
should
not
be
“coerced”
to
cross-‐examine
those
2
defense
ofthe
case,
no
matter
how
noble
it
may
be,
cannot
justify
a
breach
of
the
Rules.
If
witnesses
and
that
their
testimonies
be
stricken
off
the
record.
Judge
Ayco,
glossing
theaccused
is
entitled
to
due
process,
so
is
the
State.
over
the
Manifestation,
considered
the
prosecution
to
have
waived
its
right
to
cross-‐ • Respondent’s
lament
about
complainant’s
failure
to
inform
the
court
of
hisinability
examine
the
2
defense
witnesses.
to
attend
the
Aug
13
and
20,
2004
hearings
or
to
file
a
motion
forpostponement
• Hence,
arose
the
present
administrative
complaint
lodged
by
State
Prosecutor
thereof
or
to
subsequently
file
a
motion
for
reconsideration
of
his
Ordersallowing
Pinote
(complainant)
against
Judge
Ayco
(respondent),
for
“Gross
Ignorance
of
the
the
defense
to
present
its
two
witnesses
on
said
dates
may
be
mitigating.
It
doesnot
Law,
Grave
Abuse
of
Authority
and
Serious
Misconduct.”
absolve
respondent
of
his
utter
disregard
of
the
Rules.
• Ayco
brands
the
Manifestation
as
“misleading”
and
“highly
questionable,”
complainant’s
having
undergone
medical
treatment
at
the
Philippine
Heart
Center
WHEREFORE,
respondent
Judge
Roberto
L.
Ayco
is
hereby
ordered
to
pay
afine
P5,000.00
on
Aug
13
and
20
having
been
relayed
to
the
trial
court
only
on
said
date.
He
with
warning
that
a
repetition
of
the
sameor
similar
acts
in
the
future
shall
be
dealt
with
proffers
that
the
prosecution
suffered
no
substantial
prejudice
for
complainant
was
more
severely.Respecting
the
counter-‐complaint
against
complainant
State
Prosecutor
permitted
to
cross-‐examine
the
2
defense
witnesses
but
he
refused
to
do
so.
By
way
Ringcar
B.Pinote,
respondent
is
advised
that
the
same
should
be
lodged
before
the
of
counter-‐complaint,
respondent
charges
complainant
with
“Contempt
of
Court”
Secretary
ofJustice.
and
“Grave
Misconduct”
and/or
“Conduct
Unbecoming
of
a
Member
of
the
Bar
and
SO
ORDERED.
as
an
Officer
of
the
Court.”
• On
evaluation
of
the
case,
the
Office
of
the
Court
Administrator
(OCA),
citing
Section
5,
Rule
110
of
the
Revised
Rule
on
Criminal
Procedure,
finds
respondent
to
have
breached
said
rule
and
accordingly
recommends
that
he
be
reprimanded
therefor,
with
warning
that
a
repetition
of
the
same
or
similar
act
shall
be
dealt
with
more
severely.
• Rule
110,
Section
5
of
the
Revised
Rules
of
Criminal
Procedure
reads:
o Sec.
5.
Who
must
prosecute
criminal
actions.
-‐
All
criminal
actions
commenced
by
a
complaint
or
information
shall
be
prosecuted
under
the
direction
and
control
of
theprosecutor.
In
case
of
heavy
work
schedule
or
in
the
event
of
lack
of
public
prosecutors,the
private
prosecutor
may
be
authorized
in
writing
by
the
Chief
of
the
Prosecution
Officeor
the
Regional
State
Prosecution
Office
to
prosecute
the
case
subject
to
the
approval
of
theCourt.
Once
so
authorized
to
prosecute
the
criminal
action,
the
private
prosecutor
shallcontinue
to
prosecute
the
case
up
to
the
end
of
the
trial
even
in
the
absence
of
a
publicprosecutor,
unless
the
authority
is
revoked
or
otherwise
withdrawn.
Issue/Held:
W/N
Respondent
Judge
Aycoviolate
Rule
110
sec
5
of
the
Revised
Rule
on
Criminal
Procedure.
–
YES.
Ratio:
• Violation
of
criminal
laws
is
an
affront
to
the
People
of
the
Philippines
as
a
wholeand
not
merely
to
the
person
directly
prejudiced,
he
being
merely
the
complainingwitness.It
is
on
this
account
that
the
presence
of
a
public
prosecutor
in