Case Digest (G.R. No. 180299)
Facts:
The case involves Lyndon D. Boiser as the petitioner against the People of the Philippines as the respondent. The events leading to this case began on June 4, 2004, when three separate Informations were filed against Boiser, charging him with acts of lasciviousness, other acts of child abuse, and rape of a minor identified as AAA, before the Regional Trial Court (RTC), Branch 1, in Tagbilaran, Bohol. Following the filing of the Informations, Boiser submitted a Motion on June 11, 2004, requesting a hearing to determine the existence of probable cause and to delay the issuance of a warrant for his arrest. The private respondent opposed this motion on June 16, 2004. Subsequently, on June 18, 2004, the family court ordered the prosecution to provide additional evidence, along with the transcript of the preliminary investigation proceedings.
On June 20, 2004, the prosecutor indicated that no additional evidence was available due to the absence of a stenographer during the preli...
Case Digest (G.R. No. 180299)
Facts:
Filing of Informations and Initial Proceedings
- On June 4, 2004, three (3) Informations were filed against petitioner Lyndon D. Boiser before the Regional Trial Court (RTC), Branch 1, Tagbilaran, Bohol. The charges included acts of lasciviousness, other acts of child abuse, and rape of a minor, AAA.
- On June 11, 2004, Boiser filed a Motion requesting a hearing to determine probable cause and to delay the issuance of a warrant of arrest. Private respondent opposed this motion on June 16, 2004.
- On June 18, 2004, the family court issued three (3) separate Orders directing the prosecution to submit additional evidence and the transcript of proceedings from the preliminary investigation.
Prosecution's Response and Reinvestigation
- On June 20, 2004, the prosecutor filed a Manifestation stating that no additional evidence was available and that, due to the absence of a stenographer during the preliminary investigation, he personally took notes and submitted certified photocopies to the court.
- On July 2, 2004, the family court ordered the City Prosecution Office to complete the preliminary investigation with duly recorded proceedings.
- On August 4, 2004, a Reinvestigation Report was submitted, maintaining the existence of probable cause in all three cases.
Motions to Inhibit and Quash
- On August 9, 2004, Boiser filed an Omnibus Motion for Determination of Probable Cause. On September 10, 2004, the family court found probable cause, issued a warrant of arrest, and set bail for each case.
- Boiser filed multiple Motions to Inhibit the judges of Branches 1, 2, and 4, leading to the cases being raffled to Branch 49.
- On August 19, 2005, Boiser filed an Omnibus Motion to Quash the Informations, which was denied by Branch 49 on June 30, 2006. A Motion for Reconsideration was also denied.
Final Proceedings Before the RTC
- The cases were eventually raffled to Branch 3, presided over by Judge Venancio J. Amila. On November 6, 2006, the RTC denied Boiser's Omnibus Motion for Reconsideration to quash the Informations.
- Boiser filed a Second Omnibus Motion to Quash, which was denied on November 30, 2006. On December 15, 2006, Boiser refused to enter a plea during arraignment, and a plea of not guilty was entered for him in all three cases.
Petition Before the Court of Appeals
- On January 2, 2007, Boiser filed a Petition for Certiorari before the Court of Appeals (CA), alleging grave abuse of discretion by the RTC in denying his motions to quash.
- On June 5, 2007, the CA denied the petition, affirming the RTC's Orders. The CA ruled that: (1) an order denying a motion to quash is interlocutory and not appealable, and (2) Boiser failed to prove grave abuse of discretion by the RTC judge.
Issue:
- (Unlock)
Ruling:
- (Unlock)
Ratio:
- Interlocutory Orders and Certiorari: An order denying a motion to quash is interlocutory and not appealable. The proper remedy is to proceed to trial and raise defenses during the trial.
- Probable Cause Determination: The existence of probable cause is a function of the prosecutor, and courts must defer to such findings unless there is clear arbitrariness.
- Delay Tactics: Filing multiple motions to inhibit and quash without substantial grounds is a delay tactic that obstructs the administration of justice.
- Jurisdiction Over the Person: Jurisdiction over the accused is acquired upon arraignment and participation in the proceedings, rendering any prior objections moot.