G.R. No. L-31839 - Alberto vs. De la Cruz

The People filed Criminal Case No. 9414 in the CFI of Camarines Sur against Eligio Orbita for Infidelity in the Custody of Prisoner (Art. 224, RPC), alleging that on September 12, 1968, Orbita negligently left detainee Pablo Denaque unguarded, enabling his escape.
Orbita was a member of the Provincial Guard assigned to guard Denaque during work detail at Taculod, Canaman, Camarines Sur.

During cross-examination, defense presented Exhibit 2, a note purportedly from Governor Armando Cledera ordering five men (unnamed) to work at the Governor’s leased guest house, suggesting Cledera’s and Asst. Warden Esmeralda’s complicity in Denaque’s escape.
Witness Asst. Warden Jose Esmeralda testified he could not confirm the note’s authorship or recall who delivered it.

Defense moved to amend the information to include Cledera and Esmeralda as co-defendants; the prosecution opposed.
On December 11, 1969, the trial court ordered the Provincial Fiscal to reinvestigate under Arts. 156, 223, 224 RPC to determine potential criminal participation by Cledera and Esmeralda.
Summonses were issued for Cledera, Esmeralda, Warden Lorenzo Padua, and Orbita; only Cledera, Esmeralda, and Padua appeared; no Exhibit 2 was produced; Orbita did not appear.
On January 2, 1970, the Fiscal reported no prima facie case against Cledera and Esmeralda and refused to amend the information.

On January 26, 1970, the trial court nonetheless ordered the information amended to include “the author or writer of Exhibit 2 and the person(s) who carried out the said orders.”
The Fiscal’s motion for reconsideration was denied on February 18, 1970.
Petitioners (the Provincial Fiscal and Asst. Fiscal) filed for certiorari and preliminary injunction to annul the orders compelling amendment of the information.

Whether the trial court exceeded its authority by compelling the Fiscal to amend the information to include Governor Cledera and Jose Esmeralda as defendants.
Whether there existed sufficient prima facie evidence to justify the inclusion of Cledera and Esmeralda under Articles 156, 223, or 224 of the Revised Penal Code.