FACTS:
An information for estafa was filed against
Mario Crespo. When the case was set for arraignment, the accused filed a motion
to defer arraignment on the ground that there was a pending petition for review
filed with the Secretary of Justice for the filing of the information. The
presiding judge, Leodegario Mogul denied the motion but the arraignment was
deferred to afford time for petitioner to elevate the matter to the appellate
court. Crespo then filed a petition for certiorari and prohibition with a writ
of injunction in the CA to restrain respondent judge from proceeding with the
arraignment of the accused. The Solicitor General recommended that the petition
be given due course and the CA granted the same.
Meanwhile, Undersecretary of Justice Catalino Macaraig
reversed the resolution of the Office of the Provincial Fiscal and directed the
fiscal to move for immediate dismissal of the information filed against Crespo.
A motion to dismiss for insufficiency of evidence was filed by the Provincial
Fiscal with the RTC, but the respondent judge denied the same and set the date
and time for the arraignment. Crespo then filed in the CA a petition for
certiorari and mandamus with TRO to restrain Mogul from enforcing his judgment,
which was again issued by the CA. Later on, the CA rendered a decision and
dismissed the petition of Crespo and lifted the TRO. Hence this present
petition.
ISSUE/S:
1. W/N a fiscal has the authority to file a motion to
dismiss on the ground of insufficiency of evidence after the information has
been submitted to the court?
2. W/N Mogul acted with grave abuse of discretion in
giving due course to the arraignment of the accused?
HELD:
1. Yes, but it must be with the permission of the judge.
2. No, the court acquires jurisdiction of the accused
upon the filing of the information by the fiscal.
It is through the conduct of a preliminary investigation
that the fiscal determines the existence of a prima facie case that would
warrant the prosecution of a case. The Courts cannot interfere with the
fiscal’s discretion and control of the criminal prosecution. Thus, a fiscal who
asks for the dismissal of the case for insufficiency of evidence has authority
to do so and Courts that grant the same commit no error. The fiscal may
re-investigate a case and subsequently move for the dismissal should the
re-investigation show either that the defendant is innocent or that his guilt
may not be established beyond reasonable doubt. However, such authority is not
without any limitation. The same is subject to the approval of the provincial
or city fiscal and it may be elevated for review to the Secretary of Justice.
Consequently the Secretary of Justice may direct that a motion to dismiss the
case be filed in Court or otherwise, that an information be filed in Court. The
filing of a complaint or information in Court initiates a criminal action. The
Court thereby acquires jurisdiction over the case, which is the authority to
hear and determine the case. 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. Should the fiscal find it proper to conduct a
reinvestigation of the case, at such stage, the permission of the Court must be
secured. In order to avoid such a situation whereby the opinion of the
Secretary of Justice who reviewed the action of the fiscal may be disregarded
by the trial court, the Secretary of Justice should, as far as practicable,
refrain from entertaining a petition for review from the action of the fiscal,
when the information has already been filed in Court.
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