G.R. No. L-53373 - Crespo vs. Mogul

On April 18, 1977, Assistant Fiscal Proceso K. de Gala, with the approval of the Provincial Fiscal, filed an information for estafa (dishonored check) against Mario Fl. Crespo in the Circuit Criminal Court of Lucena City, docketed as CCC-IX-52 (Quezon) 77.
When the case was set for arraignment, the accused moved to defer arraignment on ground of a pending petition for review of the Provincial Fiscal’s resolution, elevated to the Secretary of Justice. In an order dated August 1, 1977, Presiding Judge Leodegario L. Mogul denied the motion; reconsideration was denied on August 5, 1977, but arraignment was deferred to August 18, 1977 to allow elevation to the appellate court.

Crespo filed a petition for certiorari and prohibition (CA-4G.R. SP No. 06978) in the Court of Appeals. On August 17, 1977, the CA issued a restraining order enjoining Judge Mogul from arraigning the accused until further orders.
In a decision dated May 15, 1978, the CA granted the writ, perpetually restraining arraignment until the Department of Justice finally resolved the petition for review.
On March 22, 1978, Undersecretary of Justice Catalino Macaraig Jr., resolving the review, reversed the Provincial Fiscal’s resolution and directed the fiscal to move for immediate dismissal of the information for insufficiency of evidence.

Pursuant to the Secretary’s directive, on April 10, 1978 the Provincial Fiscal filed a motion to dismiss the information on the ground of insufficiency of evidence, attaching the Undersecretary’s letter. The private prosecutor was given time to comment.
In an order dated November 24, 1978, Judge Mogul denied the motion, holding that reliance on evidence already examined by the Secretary of Justice “disregards the requirements of due process” and “erodes the Court’s independence and integrity,” and set the arraignment for December 18, 1978.

The accused filed a petition for certiorari, prohibition, and mandamus with application for preliminary writ in the CA (CA-G.R. SP-08777). On January 23, 1979, the CA issued a restraining order against arraignment.
On October 25, 1979, the CA dismissed the petition and lifted the restraining order; a motion for reconsideration was denied on February 19, 1980.
On May 19, 1980, Crespo filed a petition for review with the Supreme Court En Banc, seeking reversal of the CA decision, perpetual injunction against arraignment, dismissal of the information, and declaration of purely civil liability; the petition was given due course en banc in February 1981.

Whether a trial court may refuse to grant a motion to dismiss filed by the fiscal pursuant to a directive of the Secretary of Justice and insist on arraignment and trial on the merits.
Whether the court may exercise its discretion to deny the fiscal’s motion to dismiss, despite the executive’s review and recommendation to discontinue prosecution.