Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1977 > March 1977 Decisions > G.R. No. L-39962 March 3, 1977 - PEOPLE OF THE PHIL. v. RICARDO BERIALES, ET AL.:




PHILIPPINE SUPREME COURT DECISIONS

SECOND DIVISION

[G.R. No. L-39962. March 3, 1977.]

THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. RICARDO BERIALES, BENEDICTO CUSTODIO and PABLITO CUSTODIO, Accused appellants.


R E S O L U T I O N


CONCEPCION, JR., J.:


The Court’s attention has been called to the fact that the decision in this case has been interpreted in prosecution circles in such manner as may cause the obstruction of the administration of justice. Hence, a clarification and a restatement of some of the principles therein involved are in order.

In this case, which involved a prosecution in the Court of First Instance, the Court ruled, inter alia, that the fiscal’s duty to direct and control the prosecution of criminal cases requires that he must be present during the proceedings; and that evidence presented by the private prosecutor at a hearing, at which neither the fiscal nor his assistant or duly authorized special counsel was officially present, cannot be considered as evidence for the People of the Philippines. This pronouncement, as can be clearly deduced therefrom, applies to the trial and prosecution of criminal cases before the Courts of First Instance, Criminal Circuit Courts, and City Courts (which are provided by law with their own City Fiscals) only, and not to the municipal courts.chanrobles virtual lawlibrary

The procedure in the trial of criminal cases before the municipal courts and City Courts which do not have their own City Fiscals has not in any way been altered or modified by the pronouncement in this case. Under Sec. 2, Rule 110 1 of the Revised Rules of Court, and in the light of the ruling in the cases of P.P.I. v. Alvarez and P.P.I. v. Perez, Et Al., 2 police, constabulary, and other peace or law enforcement officers and private prosecutors may prosecute criminal cases in the said courts, but this authority ceases upon actual intervention of the provincial or City Fiscal or their assistants, or upon the elevation of the case to the Court of First Instance.

Fernando (Chairman) and Antonio, JJ., concur.

Separate Opinions


BARREDO, J., concurring:chanrob1es virtual 1aw library

Would like to add that there is no prohibition against the offended party undertaking the prosecution of the case.

AQUINO, J., concurring:chanrob1es virtual 1aw library

Concurs. It should be noted that the rule in sec. 4, Rule 110 that "all criminal actions either commenced by complaint or by information shall be prosecuted under the direction and control of the fiscal" was taken from U.S. v. Despabiladeras, 32 Phil. 442, an adultery case prosecuted in the Court of First Instance. Rule 123 prescribes the procedure in inferior courts. Section 4 of Rule 110 might have been based on the assumption that criminal cases tried in inferior courts are appealable to the Court of First Instance, where a trial de novo is held and where the fiscal shall take charge of the cause in behalf of the prosecution (Secs. 6 and 7, Rule 123).

Endnotes:



1. Sec. 2. Complaint defined. — Complaint is a sworn written statement charging a person with an offense, subscribed by the offended party, any peace officer or other employee of the government or governmental institution in charge of the enforcement or execution of the law violated.

2. 74 Phil. 20.




Back to Home | Back to Main




















chanrobles.com





ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line : www.chanroblesmcleonline.com






March-1977 Jurisprudence                 

  • A.C. No. 1245 March 2, 1977 - IN RE: AGRIPINO A. BRILLANTES

  • G.R. No. L-23859 March 2, 1977 - CONSOLIDATED MILLS, INC. v. REPARATIONS COMMISSION

  • G.R. No. L-44323 March 2, 1977 - ELENA GENOBIAGON v. COURT OF APPEALS, ET AL.

  • G.R. No. L-39962 March 3, 1977 - PEOPLE OF THE PHIL. v. RICARDO BERIALES, ET AL.

  • 1G.R. No. L-31608 March 4, 1977 - RAFAEL A. SANTOS, JR. v. EMMANUEL M. MUÑOZ, ET AL.

  • G.R. No. L-24441 March 10, 1977 - REPUBLIC OF THE PHIL. v. INES V. GARCIA

  • G.R. No. L-25291 March 10, 1977 - INSULAR LIFE ASSURANCE CO., LTD. EMP. ASSO., ET AL. v. INSULAR LIFE ASSURANCE CO., LTD., ET AL.

  • G.R. No. L-43054 March 10, 1977 - BAYANI A. FERRERA v. ONOFRE A. VILLALUZ, ET AL.

  • G.R. No. L-28107 March 15, 1977 - PEOPLE OF THE PHIL. v. TOMAS NAVASCA, ET AL.

  • A.M. No. 480-MJ March 22, 1977 - FELICIDAD GUERRA VDA. DE LAPEÑA v. JOSE L. COLLADO

  • G.R. No. L-43652 March 24, 1989

    MARIA SAMBAJON v. EDUARD TUTAAN

  • G.R. No. L-30858 March 29, 1977 - GAVINO BITANGCOL v. COURT OF APPEALS, ET AL.

  • G.R. No. L-38612 March 29, 1977 - BARCELISA VECINO v. COURT OF APPEALS, ET AL.

  • G.R. No. L-44110 March 29, 1977 - BENGUET EXPLORATION MINERS’ UNION v. CARMELO C. NORIEL, ET AL.

  • G.R. No. L-44861 March 29, 1977 - ARTURO RAFAEL, SR., ET AL. v. BENIGNO M. PUNO

  • A.M. No. 524-MJ March 30, 1977 - GIDEON R. EVALLA v. ANTONIO B. MAGO

  • A.M. No. 584-CJ March 30, 1977 - RODOLFO R. PAULINO, ET AL. v. DONATO M. GUEVARA

  • G.R. No. L-37903 March 30, 1977 - GERTRUDES L. DEL ROSARIO v. DOROTEA O. CONANAN, ET AL.

  • G.R. No. L-41672 March 30, 1977 - PEOPLE OF THE PHIL. v. SEGUNDO M. ZOSA, ET AL.

  • G.R. No. L-42531 March 30, 1977 - ANICIA VDA. DE GALANG v. WORKMEN’S COMPENSATION COMMISSION, ET AL.

  • G.R. No. L-28101 March 31, 1977 - LEGASPI OIL CO., INC. v. FRANCISCO GERONIMO

  • G.R. No. L-29498 March 31, 1977 - SANTIAGO LOPEZ, ET AL. v. MANASES G. REYES, ET AL.

  • G.R. No. L-32953 March 31, 1977 - RIZALINO HOLGANZA, ET AL. v. SERGIO A. F. APOSTOL, ET AL.

  • G.R. No. L-33669 March 31, 1977 - HEIRS OF D. TUASON, INC., ET AL. v. SIMEON M. GOPENGCO, ET AL.

  • G.R. No. L-38685 March 31, 1977 - LIANGA LUMBER COMPANY, ET AL. v. LIANGA TIMBER CO., INC., ET AL.

  • G.R. No. L-43043 March 31, 1977 - DOLORES BAGALANON, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. L-43856 March 31, 1977 - VALERIANA O. MORALES v. WORKMEN’S COMPENSATION COMMISSION, ET AL.

  • G.R. No. L-44113 March 31, 1977 - PEOPLE OF THE PHIL. v. MERICIA B. PALMA, ET AL.

  • G.R. No. L-44360 March 31, 1977 - REGINA S. BIBOSO, ET AL. v. VICTORIAS MILLING COMPANY, INC., ET AL.

  • G.R. No. L-44806 March 31, 1977 - BIENVENIDO ONCE v. CARLOS Y. GONZALES, ET AL.