ChanRobles™ Virtual Law Library | chanrobles.com™  
Main Index Law Library Philippine Laws, Statutes & Codes Latest Legal Updates Philippine Legal Resources Significant Philippine Legal Resources Worldwide Legal Resources Philippine Supreme Court Decisions United States Jurisprudence
Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
Chan Robles Virtual Law Library
 









 

 
UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
May-1995 Jurisprudence                 

  • G.R. Nos. 101801-03 May 2, 1995 : PEOPLE OF THE PHIL. vs. EDUARDO "EDDIE" TAMI

  • G.R. No. 113739 May 2, 1995 : CLAUDIO M. ANONUEVO, ET AL. vs. COURT OF APPEALS, ET AL.

  • G.R. No. 108886 May 5, 1995 : AQUILES U. REYES vs. REGIONAL TRIAL COURT OF ORIENTAL MINDORO, BRANCH XXXIX, ET AL.

  • Adm. Matter No. RTJ-95-1293 May 9, 1995 : GIL V. MANLAVI vs. EUSTAQUIO Z. GACOTT, JR.

  • G.R. No. 101444 May 9, 1995 : A.C. ENTERPRISES, INC. vs. CONSTRUCTION INDUSTRY ARBITRATION COMMISSION, ET AL.

  • G.R. No. 113287 May 9, 1995 : LOYOLA SECURITY AND DETECTIVE AGENCY, ET AL. vs. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • Adm. Matter No. MTJ-93-842 May 10, 1995 : MYLA PAREDES, ET AL. vs. JACINTO A. MANALO

  • G.R. No. L-42108 May 10, 1995 : OSCAR D. RAMOS, ET AL. vs. COURT OF APPEALS, ET AL.

  • G.R. No. 110590 May 10, 1995 : ZORAYDA AMELIA C. ALONZO vs. IGNACIO M. CAPULONG, ET AL.

  • G.R. No. 91756 May 11, 1995 : PEOPLE OF THE PHIL. vs. RAUL G. ESCOTO, ET AL.

  • G.R. No. 117389 May 11, 1995 : ROMEO V. OBLEA, ET AL. vs. COURT OF APPEALS, ET AL.

  • Adm. Case No. 2468 May 12, 1995 : NILO L. MIRAFLOR vs. JUAN M. HAGAD, ET AL.

  • Adm. Matter No. MTJ-93-782 May 12, 1995 : YOLANDA CRUZ vs. FILOMENO S. PASCUAL

  • G.R. No. 100125 May 12, 1995 : PEOPLE OF THE PHIL. vs. ROMEO B. MAGALONG, ET AL.

  • G.R. No. 113081 May 12, 1995 : WORLDWIDE PAPERMILLS, INC., ET AL. vs. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 95028 May 15, 1995 : PEOPLE OF THE PHIL. vs. MARLO L. COMPIL

  • G.R. No. 100911 May 16, 1995 : PEOPLE OF THE PHIL. vs. MAJID SAMSON, ET AL.

  • G.R. No. 105248 May 16, 1995 : BENJAMIN ROMUALDEZ vs. SANDIGANBAYAN, ET AL.

  • G.R. No. 106643 May 16, 1995 : PEOPLE OF THE PHIL. vs. EDWIN M. MESAL

  • G.R. No. 112141 May 16, 1995 : PHOENIX IRON AND STEEL CORP. vs. SECRETARY OF LABOR AND EMPLOYMENT, ET AL.

  • G.R. No. 96372 May 22, 1995 : ANTONIO L. CASTELO, ET AL. vs. COURT OF APPEALS, ET AL.

  • G.R. No. 99846 May 22, 1995 : BELEN CRUZ, ET AL. vs. FE ESPERANZA LEABRES

  • G.R. No. 102485 May 22, 1995 : PEOPLE OF THE PHIL vs. LUIS TAMPAL, ET AL.

  • G.R. No. 106483 May 22, 1995 : ERNESTO L. CALLADO vs. INTERNATIONAL RICE RESEARCH INSTITUTE

  • G.R. No. 107903 May 22, 1995 : MARILOU RIVERA vs. COURT OF APPEALS, ET AL.

  • G.R. No. 109991 May 22, 1995 : ELIAS C. QUIBAL, ET AL. vs. SANDIGANBAYAN, ET AL.

  • G.R. No. 110658 May 22, 1995 : PEOPLE OF THE PHIL. vs. DEBORAH WOOLCOCK, ET AL.

  • G.R. Nos. 116506-07 May 22, 1995 : BILLY P. OBUGAN vs. PEOPLE OF THE PHIL., ET AL.

  • G.R. No. 119694 May 22, 1995 : PHILIPPINE PRESS INSTITUTE, INC. vs. COMMISSION ON ELECTIONS - COMELEC

  • G.R. No. 95367 May 23, 1995 : JOSE T. ALMONTE, ET AL. vs. CONRADO M. VASQUEZ, ET AL.

  • G.R. No. 115278 May 23, 1995 : FORTUNE INSURANCE AND SURETY CO., INC. vs. COURT OF APPEALS, ET AL.

  • G.R. No. 116650 May 23, 1995 : TOYOTA SHAW, INC. vs. COURT OF APPEALS, ET AL.

  • G.R. No. 68252 May 26, 1995 : COMMISSIONER OF INTERNAL REVENUE vs. TOKYO SHIPPING CO. LTD., ET AL.

  • G.R. No. 100354 May 26, 1995 : PEOPLE OF THE PHIL. vs. DIONISIO M. TADEPA

  • G.R. No. 109560 May 26, 1995 : NESTOR ILANO vs. COURT OF APPEALS, ET AL.

  • G.R. No. 109776 May 26, 1995 : PEOPLE OF THE PHIL vs. ROQUE CABRESOS

  • G.R. No. 110776 May 26, 1995 : MARANAW HOTEL & RESORT CORPORATION vs. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 112015 May 26, 1995 : PEOPLE OF THE PHIL. vs. RENATO DAEN, JR.

  • G.R. No. 114870 May 26, 1995 : MIGUELA R. VILLANUEVA, ET AL. vs. COURT OF APPEALS, ET AL.

  • G.R. No. 115814 May 26, 1995 : PEDRO P. PECSON vs. COURT OF APPEALS, ET AL.

  • G.R. No. 94033 May 29, 1995 : FELICIANO RAMOS vs. FRANCISCO C. RODRIGUEZ

  • G.R. No. 97936 May 29, 1995 : PEOPLE OF THE PHIL. vs. ALEJANDRO C. LUCERO

  • G.R. No. 105208 May 29, 1995 : COMMISSIONER OF INTERNAL REVENUE vs. PHILIPPINE AMERICAN LIFE INSURANCE CO., ET AL.

  • G.R. Nos. 106385-88 May 29, 1995 : PEOPLE OF THE PHIL. vs. ALEJANDRO MANDAP

  • G.R. No. 108123 May 29, 1995 : PEOPLE OF THE PHIL. vs. ARNEL M. SOBERANO

  • G.R. No. 109142 May 29, 1995 : PEOPLE OF THE PHIL. vs. IRENEO SILVESTRE, ET AL.

  • G.R. No. 112045 May 29, 1995 : DANILO F.C. RIMONTE vs. CIVIL SERVICE COMMISSION, ET AL.

  • G.R. Nos. 113057-58 May 29, 1995 : PEOPLE OF THE PHIL. vs. JUAN F. REMOTO

  • G.R. No. 113786 May 29, 1995 : PEOPLE OF THE PHIL. vs. NONY BACLAYO, ET AL.

  • Adm. Matter No. P-93-976 May 31, 1995 : MENCHIE PUNSALAN-SANTOS vs. NAPOLEON I. ARQUIZA

  • G.R. No. 73974 May 31, 1995 : REPUBLIC OF THE PHIL. vs. REGISTER OF DEEDS OF QUEZON

  • G.R. No. 100915 May 31, 1995 : PEOPLE OF THE PHIL. vs. JOSEPH SUPREMO

  • G.R. No. 106639 May 31, 1995 : PEOPLE OF THE PHIL. vs. SATURNINO J. SOLON

  • G.R. No. 108544 May 31, 1995 : REPUBLIC OF THE PHIL. vs. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 110808 May 31, 1995 : PEOPLE OF THE PHIL. vs. ALFONSO QUINEVISTA, JR.

  • G.R. No. 110954 May 31, 1995 : DELFIN N. DIVINAGRACIA, JR., ET AL. vs. PATRICIA A. STO. TOMAS, ET AL.

  • G.R. No. 111812 May 31, 1995 : DIONISIO M. RABOR vs. CIVIL SERVICE COMMISSION

  • G.R. No. 114268 May 31, 1995 : PEOPLE OF THE PHIL. vs. FELICIANO HILARIO

  • G.R. No. 115942 May 31, 1995 : RUBLE RUBENECIA vs. CIVIL SERVICE COMMISSION

  • G.R. Nos. 101801-03 May 2, 1995 - PEOPLE OF THE PHIL. v. EDUARDO "EDDIE" TAMI

  • G.R. No. 113739 May 2, 1995 - CLAUDIO M. ANONUEVO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 108886 May 5, 1995 - AQUILES U. REYES v. REGIONAL TRIAL COURT OF ORIENTAL MINDORO, BRANCH XXXIX, ET AL.

  • Adm. Matter No. RTJ-95-1293 May 9, 1995 - GIL V. MANLAVI v. EUSTAQUIO Z. GACOTT, JR.

  • G.R. No. 101444 May 9, 1995 - A.C. ENTERPRISES, INC. v. CONSTRUCTION INDUSTRY ARBITRATION COMMISSION, ET AL.

  • G.R. No. 113287 May 9, 1995 - LOYOLA SECURITY AND DETECTIVE AGENCY, ET AL. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • Adm. Matter No. MTJ-93-842 May 10, 1995 - MYLA PAREDES, ET AL. v. JACINTO A. MANALO

  • G.R. No. L-42108 May 10, 1995 - OSCAR D. RAMOS, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 110590 May 10, 1995 - ZORAYDA AMELIA C. ALONZO v. IGNACIO M. CAPULONG, ET AL.

  • G.R. No. 91756 May 11, 1995 - PEOPLE OF THE PHIL. v. RAUL G. ESCOTO, ET AL.

  • G.R. No. 117389 May 11, 1995 - ROMEO V. OBLEA, ET AL. v. COURT OF APPEALS, ET AL.

  • Adm. Case No. 2468 May 12, 1995 - NILO L. MIRAFLOR v. JUAN M. HAGAD, ET AL.

  • Adm. Matter No. MTJ-93-782 May 12, 1995 - YOLANDA CRUZ v. FILOMENO S. PASCUAL

  • G.R. No. 100125 May 12, 1995 - PEOPLE OF THE PHIL. v. ROMEO B. MAGALONG, ET AL.

  • G.R. No. 113081 May 12, 1995 - WORLDWIDE PAPERMILLS, INC., ET AL. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 95028 May 15, 1995 - PEOPLE OF THE PHIL. v. MARLO L. COMPIL

  • G.R. No. 100911 May 16, 1995 - PEOPLE OF THE PHIL. v. MAJID SAMSON, ET AL.

  • G.R. No. 105248 May 16, 1995 - BENJAMIN ROMUALDEZ v. SANDIGANBAYAN, ET AL.

  • G.R. No. 106643 May 16, 1995 - PEOPLE OF THE PHIL. v. EDWIN M. MESAL

  • G.R. No. 112141 May 16, 1995 - PHOENIX IRON AND STEEL CORP. v. SECRETARY OF LABOR AND EMPLOYMENT, ET AL.

  • G.R. No. 96372 May 22, 1995 - ANTONIO L. CASTELO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 99846 May 22, 1995 - BELEN CRUZ, ET AL. v. FE ESPERANZA LEABRES

  • G.R. No. 102485 May 22, 1995 - PEOPLE OF THE PHIL v. LUIS TAMPAL, ET AL.

  • G.R. No. 106483 May 22, 1995 - ERNESTO L. CALLADO v. INTERNATIONAL RICE RESEARCH INSTITUTE

  • G.R. No. 107903 May 22, 1995 - MARILOU RIVERA v. COURT OF APPEALS, ET AL.

  • G.R. No. 109991 May 22, 1995 - ELIAS C. QUIBAL, ET AL. v. SANDIGANBAYAN, ET AL.

  • G.R. No. 110658 May 22, 1995 - PEOPLE OF THE PHIL. v. DEBORAH WOOLCOCK, ET AL.

  • G.R. Nos. 116506-07 May 22, 1995 - BILLY P. OBUGAN v. PEOPLE OF THE PHIL., ET AL.

  • G.R. No. 119694 May 22, 1995 - PHILIPPINE PRESS INSTITUTE, INC. v. COMMISSION ON ELECTIONS

  • G.R. No. 95367 May 23, 1995 - JOSE T. ALMONTE, ET AL. v. CONRADO M. VASQUEZ, ET AL.

  • G.R. No. 115278 May 23, 1995 - FORTUNE INSURANCE AND SURETY CO., INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 116650 May 23, 1995 - TOYOTA SHAW, INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 68252 May 26, 1995 - COMMISSIONER OF INTERNAL REVENUE v. TOKYO SHIPPING CO. LTD., ET AL.

  • G.R. No. 100354 May 26, 1995 - PEOPLE OF THE PHIL. v. DIONISIO M. TADEPA

  • G.R. No. 109560 May 26, 1995 - NESTOR ILANO v. COURT OF APPEALS, ET AL.

  • G.R. No. 109776 May 26, 1995 - PEOPLE OF THE PHIL v. ROQUE CABRESOS

  • G.R. No. 110776 May 26, 1995 - MARANAW HOTEL & RESORT CORPORATION v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 112015 May 26, 1995 - PEOPLE OF THE PHIL. v. RENATO DAEN, JR.

  • G.R. No. 114870 May 26, 1995 - MIGUELA R. VILLANUEVA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 115814 May 26, 1995 - PEDRO P. PECSON v. COURT OF APPEALS, ET AL.

  • G.R. No. 94033 May 29, 1995 - FELICIANO RAMOS v. FRANCISCO C. RODRIGUEZ

  • G.R. No. 97936 May 29, 1995 - PEOPLE OF THE PHIL. v. ALEJANDRO C. LUCERO

  • G.R. No. 105208 May 29, 1995 - COMMISSIONER OF INTERNAL REVENUE v. PHILIPPINE AMERICAN LIFE INSURANCE CO., ET AL.

  • G.R. Nos. 106385-88 May 29, 1995 - PEOPLE OF THE PHIL. v. ALEJANDRO MANDAP

  • G.R. No. 108123 May 29, 1995 - PEOPLE OF THE PHIL. v. ARNEL M. SOBERANO

  • G.R. No. 109142 May 29, 1995 - PEOPLE OF THE PHIL. v. IRENEO SILVESTRE, ET AL.

  • G.R. No. 112045 May 29, 1995 - DANILO F.C. RIMONTE v. CIVIL SERVICE COMMISSION, ET AL.

  • G.R. Nos. 113057-58 May 29, 1995 - PEOPLE OF THE PHIL. v. JUAN F. REMOTO

  • G.R. No. 113786 May 29, 1995 - PEOPLE OF THE PHIL. v. NONY BACLAYO, ET AL.

  • Adm. Matter No. P-93-976 May 31, 1995 - MENCHIE PUNSALAN-SANTOS v. NAPOLEON I. ARQUIZA

  • G.R. No. 73974 May 31, 1995 - REPUBLIC OF THE PHIL. v. REGISTER OF DEEDS OF QUEZON

  • G.R. No. 100915 May 31, 1995 - PEOPLE OF THE PHIL. v. JOSEPH SUPREMO

  • G.R. No. 106639 May 31, 1995 - PEOPLE OF THE PHIL. v. SATURNINO J. SOLON

  • G.R. No. 108544 May 31, 1995 - REPUBLIC OF THE PHIL. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 110808 May 31, 1995 - PEOPLE OF THE PHIL. v. ALFONSO QUINEVISTA, JR.

  • G.R. No. 110954 May 31, 1995 - DELFIN N. DIVINAGRACIA, JR., ET AL. v. PATRICIA A. STO. TOMAS, ET AL.

  • G.R. No. 111812 May 31, 1995 - DIONISIO M. RABOR v. CIVIL SERVICE COMMISSION

  • G.R. No. 114268 May 31, 1995 - PEOPLE OF THE PHIL. v. FELICIANO HILARIO

  • G.R. No. 115942 May 31, 1995 - RUBLE RUBENECIA v. CIVIL SERVICE COMMISSION

  •  





     
     

    Adm. Matter No. RTJ-95-1293   May 9, 1995 - GIL V. MANLAVI v. EUSTAQUIO Z. GACOTT, JR.

     
    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    [Adm. Matter No. RTJ-95-1293. May 9, 1995.]

    GIL V. MANLAVI, Complainant, v. JUDGE EUSTAQUIO Z. GACOTT, JR., Regional Trial Court, Branch 47, City of Puerto Princesa, Respondent.


    SYLLABUS


    1. JUDGES; DISMISSAL OF CRIMINAL CASES; PROPER IN CASE AT BENCH. — Respondent denied the charges against him and asserted that his orders were supported by law and evidence. For dismissing of Criminal Case No. 9210, complainant himself admitted that the search and seizure was conducted in the absence of a warrant. The search warrant produced by the complainant was issued after the search and seizure took place. Moreover, complainant cannot justify the warrantless search and seizure by invoking Circular No. 130 (s. 1967) of the Office of the President. The circular pertains to the procedure in the confiscation of fiscal caught through the use of explosives. Such confiscation may be exercised only by the Commissioner of Fisheries or his representatives, who can only take a sample of the fish (not to exceed one kilo) for testing if the fish were indeed caught through the use of explosives. It is only upon the determination that the fish were caught through the use of explosives when the seizure of the entire catch may be authorized. Thereafter, an appraisal of the value of the fish caught shall be made, which shall be paid to the accused should he be subsequently acquitted in the criminal case filed against him. We note that the arresting officers failed to show compliance with the procedure prescribed by the very circular they invoke. As to the dismissal of Criminal Case No. 9211, respondent erred in holding that the information was defective in not alleging that the offense was committed "knowingly." The element of knowledge was encompassed within the word "wilfully" used by the prosecutor. However, the information suffers from infirmity for failure to allege the element "for profit." It is true that Section 33 of Presidential Decree No. 704 prohibits the separate acts of possessing, dealing in, selling or disposing of illegally caught fish and aquatic products, but said acts must not only be done "knowingly" but also "for profit," an essential element of the offense. Well-settled is the rule that the acts of a judge which pertain to his judicial capacity are not subject to disciplinary power, unless when they are committed with fraud, dishonesty, corruption or bad faith (Abiera v. Maceda, 233 SCRA 520 [1994]).

    2. REMEDIAL LAW; CRIMINAL PROCEDURE; SECTION 4 OF RULE 112, NEW RULES OF COURT (DUTY OF INVESTIGATING FISCAL IN PRELIMINARY INVESTIGATION); NO APPLICATION IN CASE WHERE INFORMATION IS ALREADY FILED IN COURT. — Section 4, Rule 112 of the New Rules on Criminal Procedure, which provides: . . ." "No complaint or information may be filed or dismissed by an investigating fiscal without the prior written approval of the provincial or city fiscal or chief state prosecutor." This provision applies to the conduct of the preliminary investigation, which is within the control of the public prosecutor. It has no application in a case where the information is already filed before the proper court. In fact, the epigraph of Rule 112 is "Duty of investigating fiscal."cralaw virtua1aw library

    3. ID.; ID.; MOTION TO QUASH; PERIOD; RULE AND EXCEPTION. — In the case at bench, the accused moved for the quashal of the criminal cases after their arraignment. As a general rule, an accused can move for the quashal of the information on any ground before arraignment (Revised Rules of Court, Rule 117, Sec. 1). However, the rule admits of some exceptions such as where there is no offense charged (Revised Rules of Court, Rule 117, Section 8; Cruz, Jr. v. Court of Appeals, 194 SCRA 145 [1991]), for what controls is not the designation of the offense charged in the information but the allegations of the constitutive elements of the offense (People v. Aczon, 225 SCRA 237 [1993]). Any ambiguity in the information shall be resolved in favor of the accused (People v. Bondoy, 222 SCRA 216 [1993]).chanrobles lawlibrary : rednad


    D E C I S I O N


    QUIASON, J.:


    This is an administrative complaint filed against respondent, the presiding judge of the Regional Trial Court, Branch 47, Puerto Princesa City.

    I


    Complainant, a senior police officer, charged respondent with partiality, miscarriage of justice and knowingly rendering an unjust decision in connection with the dismissal of Criminal Cases Nos. 9210 (Illegal Possession of Explosives Intended for Illegal Fishing) and 9211 (Illegal Possession of Illegally Caught Fish). The cases were consolidated for trial.

    The accused moved to quash Criminal Case No. 9210 on the ground that the evidence of the prosecution was the product of a warrantless and illegal search and seizure. Respondent granted the motion in the Order dated July 9, 1992, citing the admission of the prosecution that the search and seizure was not covered by a search warrant, and that the search warrant presented in court was issued after the fact.chanrobles.com:cralaw:red

    Complainant contended that the confiscation of the fish in the absence of a search warrant was allowed under Circular No. 130 (s. 1967) of the Office of the President.

    The accused moved to quash Criminal Case No. 9211 on the ground that the information failed to charge the offense of illegal possession of fish caught by explosives for its failure to allege the element "for profit."cralaw virtua1aw library

    The information in said case reads as follows:jgc:chanrobles.com.ph

    "That on or about the 18th day of January, 1991, at Bgy. Mandaragat, Puerto Princesa City, Philippines and within the jurisdiction of this Honorable Court, the said accused conspiring and confederating together with John Doe, Peter Doe and William Doe whose true identities and present whereabouts are still unknown and one Virgilio Laguna, a military officer, which case was forwarded to the JAGO, did then and wilfully, unlawfully and feloniously possess illegally caught assorted fish with the use of explosives, weighing more or less Eight (8,000) Thousand Kilos."cralaw virtua1aw library

    In his comment, the City Prosecutor admitted the omission in the information of the phrase "for profit" but he claimed that said omission was a mere technicality.

    In his Order dated June 25, 1992, respondent granted the motion on the ground that the information was fatally defective, because it failed to allege two essential elements: (1) that the accused had knowledge that the fish were illegally caught with the use of explosives; and (2) that they intended to dispose of or sell the fish for profit.

    The prosecution moved for the reconsideration of the order arguing: (1) that the word "knowingly" was substituted with the word "wilfully" ; and (2) that P.D. No. 704 punishes the separate acts of possessing, dealing in, selling or disposing of illegally caught fish or aquatic products. The motion for reconsideration was denied.cralawnad

    II


    In his comment, respondent denied the charges against him and asserted that his orders were supported by law and evidence. He moved for the dismissal of the instant complaint.

    As to the dismissal of Criminal Case No. 9210, complainant himself admitted that the search and seizure was conducted in the absence of a warrant. The search warrant produced by the complainant was issued after the search and seizure took place.

    Moreover, complainant cannot justify the warrantless search and seizure by invoking Circular No. 130 (s. 1967) of the Office of the President. The circular pertains to the procedure in the confiscation of fiscal caught through the use of explosives. Such confiscation may be exercised only by the Commissioner of Fisheries or his representatives, who can only take a sample of the fish (not to exceed one kilo) for testing if the fish were indeed caught through the use of explosives. It is only upon the determination that the fish were caught through the use of explosives when the seizure of the entire catch may be authorized. Thereafter, an appraisal of the value of the fish caught shall be made, which shall be paid to the accused should he be subsequently acquitted in the criminal case filed against him.

    We note that the arresting officers failed to show compliance with the procedure prescribed by the very circular they invoke.

    As to the dismissal of Criminal Case No. 9211, respondent erred in holding that the information was defective in not alleging that the offense was committed "knowingly." The element of knowledge was encompassed within the word "wilfully" used by the prosecutor.

    However, the information suffers from infirmity for failure to allege the element "for profit." Section 33 (Illegal fishing, dealing in illegally caught fish or fishery/aquatic products) of Presidential Decree No. 704, as amended, provides:cralawnad

    . . . It shall likewise, be unlawful for any person knowingly to possess, deal in, sell or in any manner dispose of, for profit, any fish or fishery/aquatic products which have been illegally caught, taken or gathered (Emphasis supplied).

    It is true that the provision prohibits the separate acts of possessing, dealing in, selling or disposing of illegally caught fish and aquatic products, but said acts must not only be done "knowingly" but also "for profit," an essential element of the offense.

    Complainant’s argument — that a quashal of the complaint or information cannot be done without the prior written approval of the provincial prosecutor — is misplaced.

    Complainant invokes Section 4, Rule 112 of the New Rules on Criminal Procedure, which provides:chanrob1es virtual 1aw library

    x       x       x


    "No complaint or information may be filed or dismissed by an investigating fiscal without the prior written approval of the provincial or city fiscal or chief state prosecutor."cralaw virtua1aw library

    x       x       x


    Said provision applies to the conduct of the preliminary investigation, which is within the control of the public prosecutor. It has no application in a case where the information is already filed before the proper court. In fact, the epigraph of Rule 112 is "Duty of investigating fiscal."cralaw virtua1aw library

    In the case at bench, the accused moved for the quashal of the criminal cases after their arraignment. As a general rule, an accused can move for the quashal of the information on any ground before arraignment (Revised Rules of Court, Rule 117, Sec. 1). However, the rule admits of some exceptions such as where there is no offense charged (Revised Rules of Court, Rule 117, Section 8; Cruz, jr. v. Court of Appeals, 194 SCRA 145 [1991]), for what controls is not the designation of the offense charged in the information but the allegations of the constitutive elements of the offense (People v. Aczon, 225 SCRA 237 [1993]). Any ambiguity in the information shall be resolved in favor of the accused (People v. Bondoy, 222 SCRA 216 [1993]).chanrobles lawlibrary : rednad

    Well-settled is the rule that the acts of a judge which pertain to his judicial capacity are not subject to disciplinary power, unless when they are committed with fraud, dishonesty, corruption or bad faith (Abiera v. Maceda, 233 SCRA 520 [1994]).

    WHEREFORE, the complaint is DISMISSED.

    SO ORDERED.

    Padilla, Davide, Jr., Bellosillo and Kapunan, JJ., concur.

    Adm. Matter No. RTJ-95-1293   May 9, 1995 - GIL V. MANLAVI v. EUSTAQUIO Z. GACOTT, JR.


    Back to Home | Back to Main

     

    QUICK SEARCH

    cralaw

       

    cralaw



     
      Copyright © ChanRobles Publishing Company Disclaimer | E-mail Restrictions
    ChanRobles™ Virtual Law Library | chanrobles.com™
     
    RED