People v. Odilao Jr : 155451 : April 14, 2004 : J. Austria-Martinez :
Second Division : Decision
[G.R. NO. 155451 : April 14, 2004]
PEOPLE OF THE PHILIPPINES,
D E C I S I O N
Before us is a Petition for Review on Certiorari filed by the
People of the Philippines assailing the Decision1 of the Court of Appeals dated September 27, 2002 in CA-G.R. SP No. 71198 which
directed Judge Caminade of the Regional Trial Court (RTC) of Cebu City (Branch
to defer the proceedings in Criminal Case No. CBU-55283 until the Petition for Review of the reinvestigation report of the Office of the City Prosecutor
is resolved by the Department of Justice (DOJ).
The antecedent facts are as follows.
Herein respondent David S. Odilao, Jr. together with Enrique
Samonte and Mario Yares, was charged with Estafa in an Information2 filed by the Asst. City Prosecutor Feliciano with the RTC of Cebu City, to wit:chanroblesvirtua1awlibrary
The undersigned Prosecutor I of Cebu
City, accuses David Odilao, Jr.,
Enrique Samonte and Mario Yares of the crime of ESTAFA, committed as follows:chanroblesvirtua1awlibrary
That sometime during the latter part of 1997, and for sometime
prior or subsequent thereto, in the City of Cebu, Philippines, and within the
jurisdiction of this Honorable Court, the said accused, conniving, confederating
and mutually helping with one another, having received in trust from Trans
Eagle Corporation a luxury car known as Jeep Cherokee Sport 4wd valued at
P1,199,520.00 with the agreement that they would sign the document of sale if
they are interested to buy the same and with the obligation to return the said
car to Trans Eagle Corporation if they are not interested, the said accused,
once in possession of the said luxury car, far from complying with their
obligation, with deliberate intent, with intent to gain, with unfaithfulness
and grave abuse of confidence, did then and there misappropriate, misapply and
convert into their own personal use and benefit the same or the amount of
which is the equivalent value thereof, and inspite of repeated demands made
upon them to let them comply with their obligation to return the luxury car,
they have failed and refused and instead denied to have received the luxury car
known as Jeep Cherokee Sport 4WD and up to the present time still fail and refuse
to do so, to the damage and prejudice of Trans Eagle Corporation in the amount
CONTRARY TO LAW.
A warrant of arrest against respondent was then issued by the
Executive Judge.Upon motion of
respondent, the Executive Judge issued an Order3 dated September 28, 2000
directing the Office of the City Prosecutor to conduct reinvestigation of the
case with a caveat that the reinvestigation will be terminated within ten days
from receipt of the order and thereafter, submit appropriate recommendation to
it.In the meantime the Executive Judge
countermanded the service of the warrant of arrest.
Based on his reinvestigation report4 dated October 17, 2000
which found no probable cause, Asst. City Prosecutor Capacio filed with the
trial court a Motion to Dismiss5 dated October 20, 2000.On October
27, 2000, private complainant Carmen G. Bugash filed an urgent
motion to disregard the reinvestigation report.6 On November 3, 2000,
private complainant filed with the DOJ a Petition for Review 7 seeking the reversal of the Reinvestigation Report.In an Order dated October 30, 2000, the trial court deferred the
arraignment until the Petition for Review would have been finally resolved by
the Department of Justice.8 On February 20, 2001, the
trial court issued another order holding in abeyance the resolution of the
motion to dismiss until the DOJ shall have resolved the Petition for Review .9 cralawred
More than one year later, private complainant filed with the
trial court on March 14, 2002,
a Motion to Suspend Resolution of the Motion to Dismiss.10 Thereafter, the trial court, acting on the prosecutions motion to dismiss
filed on October 20, 2000 and private complainants motion to disregard the
reinvestigation report, issued an Order11 dated May 21, 2002, (1) denying the motion to dismiss; and (2) declaring the
motion to disregard the reinvestigation report to be moot and academic,
rationalizing that [t]he Revised Rules of Criminal Procedure which was
approved on December 1, 2000 vests now authority to the trial court to rule on
the presence or absence of probable cause.If the Court finds probable cause it will issue forthwith a warrant of
arrest otherwise it will dismiss the case.Respondent filed a motion for reconsideration12 which was denied in the Order13 dated June 13, 2002 of the
RTC which likewise directed the implementation of the existing warrant of
arrest against him.
Respondent went up to the Court of Appeals by filing a Petition for Certiorari and prohibition,14 docketed as CA-G.R. SP No. 91198, against the People of the Philippines,
Presiding Judge Caminade and private complainant Carmen Bugash.On September
27, 2002, the Court of Appeals rendered a Decision15 granting the petition and directing the trial court to defer the proceedings
until the Petition for Review before the DOJ has been resolved.
Hence, the People of the Philippines
filed the instant Petition for Review on Certiorari seeking the reversal
of the Court of Appeals decision.Petitioner, represented by the Office of the Solicitor General (OSG),
THE COURT OF APPEALS COMMITTED REVERSIBLE
ERROR IN NOT FINDING THAT THE TRIAL COURT WAS JUSTIFIED IN RESOLVING THE MOTION
TO DISMISS FILED BY THE OFFICE OF THE CITY PROSECUTOR DESPITE THE PENDENCY OF A
PETITION FOR REVIEW BEFORE THE DEPARTMENT OF JUSTICE.
THE COURT OF APPEALS COMMITTED REVERSIBLE
ERROR IN NOT FINDING THAT THE TRIAL COURT WAS JUSTIFIED IN DIRECTING THE
IMPLEMENTATION OF THE WARRANT OF ARREST AFTER FINDING PROBABLE CAUSE.
THE COURT OF APPEALS COMMITTED REVERSIBLE
ERROR IN GRANTING THE INJUNCTION SOUGHT BY THE RESPONDENT WHICH ENJOINED THE
TRIAL COURT FROM IMPLEMENTING THE WARRANT OF ARREST AND FROM FURTHER CONDUCTING
PROCEEDINGS IN THE CASE UNTIL THE PETITION FOR REVIEW OF THE REINVESTIGATION
REPORT OF THE CITY PROSECUTOR IS RESOLVED BY THE DEPARTMENT OF JUSTICE.
On December 11, 2002,
we issued a Resolution16 requiring respondent to file his comment on the petition.In compliance therewith respondent filed his
Comment/Opposition to Petitioners Application for Temporary Restraining Order
and/or Writ of Preliminary Injunction,17 which we duly noted.Respondent alleges:chanroblesvirtua1awlibrary
a.The Petition for Review
on Certiorari filed by the Office of the Solicitor General, and wherein the
Application for Temporary Restraining Order and/or Writ of Preliminary
Injunction is incorporated, is fatally defective, hence both Petition and
Application should be dismissed and denied, respectively; andcralawlibrary
failed to adequately and sufficiently show that it is entitled to the issuance
of the temporary restraining order and/or writ of preliminary injunction, while
on the other hand, it is undeniable that the issuance of the temporary
restraining order and/or writ of preliminary injunction would undeniably cause
irreparable damage to the person and rights of herein respondent.
Unknown to us, however, while herein petition was pending our
resolution, private complainant Bugash filed a motion for reconsideration
before the Court of Appeals, seeking reversal of its Decision dated September 27, 2002.The Court of Appeals granted private
complainants motion for reconsideration per its Resolution dated June 12, 2003, thereby reversing its
own Decision dated September 27, 2002.In said Resolution, the Court of Appeals
ruled that the trial courts Orders dated May 21, 2002 and June 13, 2002,
denying the prosecutions motion to dismiss together with the implementation of
the warrant of arrest against herein respondent is valid, pursuant to Section
11, Rule 116 of the Revised Rules of Criminal Procedure which provides that the
suspension of arraignment shall not be more than sixty days from the filing of
the Petition for Review of the resolution of the prosecutor.
It should be emphasized that the Resolution of June 12, 2003 was issued by the Court
of Appeals despite the pendency of the Petition for Review on Certiorari before
us.We were only apprised of such
development when respondent furnished us with a copy of his Very Urgent Motion
for Reconsideration18 filed with the Court of Appeals, where he sought reconsideration of its
Resolution dated June 12, 2003.The records do not show whether the Court of
Appeals had resolved said motion.
Respondent likewise filed with us an Urgent Manifestation19 dated June 16, 2003, informing us that the DOJ, acting on private complainant
Carmen Bugashs Petition for Review , has issued a Resolution20 dated May 27, 2003, denying the Petition for Review; in effect, sustaining the
filing of the motion to dismiss by the Assistant City Prosecutor.
Meanwhile, on October 6, 2003, we received petitioners
Consolidated Reply and Comment,21 praying that the Resolution of the Court of Appeals dated June 12, 2003,
finding the trial courts Orders to be valid, be affirmed and that a temporary
restraining order and/or preliminary injunction be issued to restrain
respondent and any person acting in his behalf from implementing the Court of
Appeals decision dated September 27, 2002 which directed the trial court to
defer the proceedings before it until the DOJ shall have resolved the Petition for Review filed before the DOJ.
The main issue brought before us is whether or not the trial
court was correct in denying the prosecutions motion to dismiss the estafa
case and ordering the implementation of the warrant of arrest against herein
The petition is impressed with merit.
First, let us dispose of respondents argument that the petition
should be dismissed for failure to comply with the requirements of a proper
verification and proof of service; and that the petition was prematurely filed
because it was filed even before we issued a resolution granting the motion for
extension of time to file the petition.
With regard to the verification, we are convinced that the
verification/certification appearing in the Petition for Review , although
referring to a motion for extension to file is a valid
verification/certification of the Petition for Review .The phrase motion for extension to file was
merely a typographical error committed through sheer inadvertence.
As to the requirement of attaching an affidavit of service to the
petition, a perusal of the rollo of this case will readily show that
such an affidavit of service had been attached to the petition.22 cralawred
Moreover, the OSG may not be faulted in filing the Petition for Review before its receipt of our Resolution dated November 25, 2002 granting the motion for extension of
time.Had petitioner waited to receive a
resolution granting its motion for extension before filing the petition, the
extended period for filing would have, by then, expired.Thus, there was nothing irregular with the
procedure taken by petitioner, rather, such was the most prudent thing for it
to have done.
We now come to the crux of the petition.
Section 6 (a),
Rule 112 of the Revised Rules of Criminal
Procedure, which took effect on December
1, 2000, provides thus:chanroblesvirtua1awlibrary
SEC. 6.When warrant of
arrest may issue. (a) By the
Regional Trial Court. Within ten (10) days from the filing of the complaint
or information, the judge shall personally evaluate the resolution of the
prosecutor and its supporting evidence.He may immediately dismiss the case if the evidence on record clearly
fails to establish probable cause.If he
finds probable cause, he shall issue a warrant of arrest, or a commitment order
if the accused has already been arrested pursuant to a warrant issued by the
judge who conducted the preliminary investigation or when the complaint or
information was filed pursuant to section 7 of this Rule.In case of doubt on the existence of probable
cause, the judge may order the prosecutor to present additional evidence within
five (5) days from notice and the issue must be resolved by the court within
thirty (30) days from the filing of the complaint or information.
Pursuant to the aforequoted rule, the judge of the trial court is
mandated to personally evaluate the resolution of the prosecutor and its
supporting evidence to determine whether probable cause exists and pursuant to
its own findings, either dismiss the case immediately if no probable cause
exists, or to issue the warrant of arrest in the absence of probable cause.
Even before the effectivity of the aforequoted rule, the Court
enunciated the following ruling in Crespo v. Mogul,23 to wit:chanroblesvirtua1awlibrary
The preliminary investigation conducted by the fiscal for the
purpose of determining whether a prima facie case exists warranting the
prosecution of the accused is terminated upon the filing of the information in
the proper court.In turn, as above
stated, the filing of said information sets in motion the criminal action
against the accused in Court.Should the
fiscal find it proper to conduct a reinvestigation of the case, at such stage,
the permission of the Court must be secured.After such reinvestigation the finding and recommendations of the fiscal
should be submitted to the Court for appropriate action.While it is true that the fiscal has the
quasi judicial discretion to determine whether or not a criminal case should be
filed in court or not, once the case had already been brought to Court whatever
disposition the fiscal may feel should be proper in the case thereafter should
be addressed for the consideration of the Court.The only qualification is that the action of
the Court must not impair the substantial rights of the accused or the right of
the People to due process of law.
Whether the accused had been arraigned or not and whether it was
due to a reinvestigation by the fiscal or a review by the Secretary of Justice
whereby a motion to dismiss was submitted to the Court, the Court in the
exercise of its discretion may grant the motion or deny it and require that the
trial on the merits proceed for the proper determination of the case.
However, one may ask, if the trial court refuses to grant the
motion to dismiss filed by the fiscal upon the directive of the Secretary of
Justice will there not be a vacuum in the prosecution?.. .
The answer is simple.The
role of the fiscal or prosecutor as We all know is to see that justice is done
and not necessarily to secure the conviction of the person accused before the
Courts.Thus, in spite of his opinion to
the contrary, it is the duty of the fiscal to proceed with the presentation of
evidence of the prosecution to the Court to enable the Court to arrive at its
own independent judgment as to whether the accused should be convicted or
The rule therefore in this jurisdiction is that once a complaint or
information is filed in Court any disposition of the case as its dismissal or
the conviction or acquittal of the accused rests in the sound discretion of the
Court.Although the fiscal retains the
direction and control of the prosecution of criminal cases even while the case
is already in Court he cannot impose his opinion on the trial court.The Court is the best and sole judge on what
to do with the case before it.The
determination of the case is within its exclusive jurisdiction and competence.A motion to dismiss the case filed by the
fiscal should be addressed to the Court who has the option to grant or deny the
same.It does not matter if this is done
before or after the arraignment of the accused or that the motion was filed
after a reinvestigation or upon instructions of the Secretary of Justice who
reviewed the records of the investigation.
Thus, in Perez v. Hagonoy Rural Bank, Inc. ,24 the Court held that the trial court judges reliance on the prosecutors
averment that the Secretary of Justice had recommended the dismissal of the
case against the petitioner was, to say the least, an abdication of the trial
courts duty and jurisdiction to determine a prima facie case, in
blatant violation of this Courts pronouncement in Crespo v. Mogul.. .This was reiterated in Solar
Team Entertainment, Inc. v. Hon. Rolando How,
25 where the Court held thus:chanroblesvirtua1awlibrary
It bears stressing that the court is however not bound to adopt the
resolution of the Secretary of Justice since the court is mandated to
independently evaluate or assess the merits of the case, and may either agree
or disagree with the recommendation of the Secretary of Justice.Reliance alone on the resolution of the Secretary
of Justice would be an abdication of the trial courts duty and jurisdiction to
determine prima facie case.
Evidently, when the trial court issued the Orders dated May 21, 2002 and June 13, 2002, respectively, the trial court
judge was merely performing his mandated duty to personally determine the
existence of probable cause and thus arrive at a resolution of the motion to
dismiss.Having found probable cause,
the trial court acted well within its authority in denying said motion to
dismiss and, since in the present case, a warrant of arrest had already been
issued and only the service thereof had been countermanded, the trial court
judge was also correct in ordering the implementation of the previously issued
warrant of arrest.
Verily, the proceedings in the criminal case pending in the trial
court had been held in abeyance long enough.Under Section 11, Rule 116 of the Revised Rules of Criminal Procedure,
the suspension of arraignment of an accused in cases where a Petition for Review of the resolution of the prosecutor is pending at either the Department
of Justice or the Office of the President shall not exceed sixty days counted
from the filing of the petition with the reviewing office.Although in this case, at the time that the
trial court deferred the arraignment in its Order dated October 30, 2000, the
Revised Rules of Criminal Procedure had not yet taken effect and there was as
yet no prescribed period of time for the suspension of arraignment, we believe
that the period of one and a half years from October 30, 2000 to June 13, 2002,
when the trial court ordered the implementation of the warrant of arrest, was
more than ample time to give private complainant the opportunity to obtain
aresolution of her Petition for Review from the DOJ.Indeed, with more than
three years having elapsed, it is now high time for the continuation of the
trial on the merits in the criminal case below as the sixty-day period counted
from the filing of the Petition for Review with the DOJ, provided for in Section
11, Rule 116 of the Revised Rules of Criminal Procedure now applicable to the
case at bar, had long lapsed.
Although it is clear that the Court of Appeals earlier erred in
granting the Petition for Certiorari and prohibition filed before it by
herein respondent, the Court of Appeals remedied such error by reversing its
Decision dated September 27, 2002 in its Resolution dated June 12, 2003, and
sustained the trial courts Orders dated May 21, 2002 and June 13, 2002 denying
the prosecutions motion to dismiss.
However, it cannot be avoided that we remind the Court of Appeals
of the provisions of Section 15, Rule VI of the 2002 Internal Rules of the
Court of Appeals (effective August 22, 2002),
which explicitly provides thus:chanroblesvirtua1awlibrary
SEC. 15.Effect of Filing
an Appeal in the Supreme Court.-No motion for reconsideration
or rehearing shall be acted upon if the movant has previously filed in the
Supreme Court a Petition for Review on Certiorari or a motion for extension of
time to file such petition.If such petition
or motion is subsequently filed, the motion for reconsideration pending in this
Court shall be deemed abandoned.
We are, therefore, quite perplexed why the Court of Appeals did
not act in accord with the aforequoted Rule and instead resolved the motion for
reconsideration of its Decision dated September 27, 2002, filed by private
complainant, despite service on it of a copy of the Motion For Extension To
File Petition For Review dated October 15, 2002, filed by the OSG.
At the very least, prudence dictates that the Court of Appeals
should have first required private complainant to secure the conformity of the
OSG; or required the latter to comment on the motion for reconsideration of the
private complainant.The positions taken
by the Office of the Solicitor General and private complainant Bugash are
In any event, the Court of Appeals ought not to have acted on the
said motion for reconsideration of private complainant Bugash.It should have considered said motion which, in
the first place, was without the conformity of the OSG, the representative of
petitioner People of the Philippines,
as having been abandoned by the filing of herein petition by the OSG, pursuant
to the aforequoted Section 15, Rule VI of the 2002 Internal Rules of the Court
Nevertheless, in the interest of speedy and orderly
administration of justice, we deem it expedient to uphold in the present
petition, the Orders dated May 21, 2002 and June 13, 2002, of the RTC denying
the motion to dismiss of the assistant city prosecutor and directing the
implementation of the warrant of arrest against respondent, for being in
accordance with our rulings in Crespo v. Mogul, Perez v. Hagonoy
Rural Bank, Inc. and Solar Team Entertainment, Inc. v. Hon. Rolando How,
as we have discussed in the early part of our decision.
WHEREFORE, the petition is GRANTED.The Court of Appeals Decision dated September 27, 2002 is REVERSED and
SET ASIDE.Its Resolution dated June 12, 2003 correcting its own
error is AFFIRMED with ADMONITION that the Court of Appeals should act with
more circumspection and comply with its 2002 Internal Rules.
The Orders dated May 21,
2002 and June 23, 2002
of the Regional Trial
Court of Cebu
City (Branch 6) are AFFIRMED and
the said Regional Trial Court is directed to proceed, with immediate dispatch,
with the arraignment of herein respondent and trial on the merits of Criminal
Case No. CBU-55283.
Puno, (Chairman), Quisumbing, Callejo, Sr., and TINGA, JJ., concur.
Penned by Associate Justice Eliezer R. De los Santos
and concurred in by Associate Justices Roberto A. Barrios and Danilo B. Pine.
See page 4 of the Order dated May 21,
, p. 95.
See page 4 of the Order dated May 21,
, p. 95.
See paragraph 1 of Motion to Suspend Resolution of the Motion to Dismiss, Rollo
151 SCRA 462, 469-471 (1987).
327 SCRA 588, 597 (2000).
338 SCRA 511, 518 (2000).
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