[ G.R. No. 142071-142122. March 29, 2000]

DATU ZACARIA A. CANDAO vs. FIRST DIVISION, et al.

FIRST DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated MAR 29 2000.

G.R. No. 142071-142122. (Datu Zacaria A. Candao vs. First Division, Sandiganbayan.)

This petition for certiorari with prayer for injunction, brought under Rule 65 of the 1997 Rules of Civil Procedure, assails the resolution of the Sandiganbayan ordering the suspension of petitioner, one of the accused in Criminal Cases Nos. 24569-24620, as Governor of the Province of Maguindanao, pending litigation. Petitioner alleges that the Informations in the criminal cases before the Sandiganbayan charged him with three different offenses, i.e., Article 217, paragraph (4) of the Revised Penal Code, Article 218 of the Revised penal Code, and Section 127 in relation to Section 4, paragraph (6) of P.D. 1445.

Contrary to petitioner's assertion, he was not without plain, speedy and adequate remedy in the ordinary course of law. What he should have done was to file a motion to quash on the ground that more than one offense is charged, pursuant to Rule 117, Section 3 (e) of the Rules of Court. In his petition, he admits that he failed to move for the quashal of the Informations, but argues that substantial and jurisdictional defects in the informations cannot be waived. This is untenable, in the light of Rule 117, Section 8, which states:

The failure of the accused to assert any ground of a motion to quash before he pleads to the complaint or information, either because he did not file a motion to quash or failed to allege the same in aid motion, shall be deemed a waiver of the grounds of a motion to quash, except the grounds of no offense charged, lack of jurisdiction over the offense charged, extinction of the offense or penalty and jeopardy, as provided for in paragraphs (a), (b), (f), and (h) of Section 3 of this Rule.

Clearly, the ground of multiplicity of charges is not one of the exceptions.

ACCORDINGLY, the petition is DISMISSED.

Very truly yours,

(Sgd.) VIRGINIA ANCHETA-SORIANO

Clerk of Court


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