People v.

Arrojado
GR No. 207041 November 9, 2015 Peralta
Section 4- Information Defined Created by: Inga Dela Cruz
Petitioners Respondents
PEOPLE OF THE PHILIPPINES, REPRESENTED JESUS A. ARROJADO
BY THE OFFICE OF THE CITY PROSECUTOR,
DEPARTMENT OF JUSTICE, ROXAS CITY

Recit Ready Summary

Jesus Arrojado was charged with the crime of murder. He filed a Motion to Dismiss the Information against
hims on the ground that the investigating prosecutor who filed the information did not indicate the number
and the date of issue of her MCLE Certificate of Compliance, as required by Bar Matter No. 1922 (B.M. No.
1922). Said bar matter, also provides that failure to include that data would result in the dismissal of the case.
The RTC granted the Motion to Dismiss, and this was affirmed by the CA.
The issue of the case is w/n the failure of the investigating prosecutor to include these in the Information,
warrants its dismissal.
The Court ruled that yes, BM No. 1922 categorically provides that failure to disclose the required information
in the pleading would result to the dismissal of the case. In defining a pleading, the Court cited Section 1,
Rules 6 of the Rules of Court which defines a pleading as the written statements of the respective claims and
defenses of the parties submitted to the court for appropriate judgment. Under the enumeration of pleadings
in Section 2, Rule 6, this includes the complaint and answer in a civil suit.
On the other hand, Section 4, Rule 110 of the same Rules provides that an information is defined as an
accusation in writing charging a person with an offense, subscribed by the prosecutor and filed with the
court. Based on these definitions, the Court ruled that an information is a pleading since the allegations in it,
which charging a person with an offense, is basically the same as a complaint in a civil action which alleges a
plaintiffs cause or cause of action.
As it has been clearly and expressly stated in Bar Matter No. 1922, that the failure to disclose the required
information in a pleading, and in this case, the criminal information, warrants the dismissal of the case, the
Court upheld the decision of the lower courts to grant the Motion to Dismiss.

Facts of the Case

- Jesus Arrojado was charged with murder by the Office of the City Prosecutor of Roxas City, Capiz.
- Arrojado filed a Motion to Dismiss the Information filed against him
o He did so on the ground that the investigating prosecutor who filed the information did
not indicate in said information, the number and date of issue of her Mandatory
Continuing Legal Education (MCLE) Certificate of Compliance.

- Petitioner on the other hand, argued that:

(1) The Information respondent seeks to dismiss is sufficient in form and substance
(2) The lack of proof of MCLE compliance by the prosecutor who prepared ad signed the
Information should not prejudice the interest of the State in filing charges against
persons who have violated the law; and
(3) Administrative edict cannot prevail over substantive or procedural law by imposing
additional requirements for the sufficiency of a criminal information.

- The RTC dismissed the Information and denied the Motion for Reconsideration filed by
petitioners.
- The CA affirmed the RTC orders

Issues Ruling

1. W/N the failure of the investigating prosecutor to indicate her MCLE YES
compliance number and date of issuance in the information against the
accused warrants its dismissal
Rationale/Analysis/Legal Basis

- Bar Matter No. 1922 (B.M. No. 1922) requires practicing members of the bar to indicate in all
pleadings filed before the courts or quasi-judicial bodies, the number and date of issues of their
MCLE Certificate of Compliance or Certificate of Exemption
o It also provides that failure to do so would cause the dismissal of the case

o Section 1, Rule 6 of the Rules of Court: pleadings are the written statements of the
respective claims and defenses of the parties submitted to the court for appropriate
judgment.
o Section 2, Rule 6 of the Rules of Court: enumeration of pleadings include the complaint
and the answer in a civil suit
o Section 4, Rule 110 of the same Rules: an information is defined as an accusation in
writing charging a person with an offense, subscribed by the prosecutor and filed with
the court.

- Based on these definitions, the Court ruled that an information is a pleading since the allegations in
it, which charging a person with an offense, is basically the same as a complaint in a civil action
which alleges a plaintiffs cause or cause of action
o Citing the CA decision, the Court said that an information is considered an initiatory
pleading because it is a written statement that contains the cause of action of a party,
which in criminal cases is the State as represented by the prosecutor, against the
accused. Like a pleading, the Information is also filed in court for appropriate judgment.

- The Court also cited US rule of criminal procedure (which has served as the basis for our own rules
of criminal procedure) which considers an information as a pleading
o Rule 12(a), Title IV of the United States Federal Rules of Criminal Procedure: the
pleadings in a criminal proceeding are the indictment, the information, and the pleas of
not guilty, guilty, and nolo contendere.

- B.M. No. 1922 categorically provides that failure to disclose the required information would cause
the dismissal of the case and the expunction of the pleadings from the records. The Court said
that dismissal of the Information, without prejudice, did not leave the prosecution without any
other plain, speedy and adequate remedy. Rather than filing several petitions, they could have
just re-filed the information with the required data.

Disposition
The instant petition is DENIED. The Decision and Resolution of the Court of Appeals, dated September 8,
2011 and April 18, 2013, respectively, in CA-G.R. SPNo. 04540 are AFFIRMED.

Separate Opinions
NA