Case Digest (G.R. No. L-36703)
Facts:
This is Gotardo Flordelis and Rafael Bollozos, the latter in his capacity as Asst. Fiscal of Tagbilaran, Bohol, petitioners, vs. The Hon. Heracleo Castillo, as City Judge, Branch I, Tagbilaran, Bohol, Merlin O. Mar, Marcelino T. Macapobre, Jr., Delfin Epe, Graciano Ligan, Philip Collyer and Antonio Cuajao, respondents, G.R. No. L-36703, July 31, 1974, First Division, Castro, J., writing for the Court.On November 29, 1972 the six private respondents, teachers of the Bohol School of Arts and Trades, filed a sworn administrative complaint with the Department of Education and Culture against petitioner Gotardo Flordelis, accusing him, among other things, of income tax evasion and of misdeclaring sales of his business. In response, Flordelis filed a criminal complaint for perjury against the private respondents.
The assistant city fiscal, Rafael Bollozos, conducted a preliminary investigation. He concluded that the administrative complaint imputed two separate possible offenses (income tax evasion and misdeclaration of sales), that the misdeclaration allegation "has some semblance of truth" while the income tax evasion allegation lacked substantiating evidence, and he filed an information for perjury against the private respondents. The information charged that the private respondents knowingly made false statements in the verified administrative complaint to besmirch Flordelis.
At arraignment on March 27, 1973 the private respondents pleaded not guilty and filed a motion to quash the information, arguing (1) the facts do not constitute an offense and (2) the information contains averments that, if true, would constitute a legal excuse or justification. On March 30, 1973 the City Court of Tagbilaran (Branch I) granted the motion by provisionally dismissing the criminal case and ordering the release of the private respondents on the sole ground that the question of tax evasion pending in the administrative proceeding constituted a pre-judicial question that should be resolved first.
On April 23, 1973 the petitioner Flordelis, joined by the assistant city fiscal, filed the present petition for review with the Court (seeking reversal of the City Court's March 30, 1973 resolution). They urged that the doctrine of pre-judicial question was misapplied because no civil acti...(Subscriber-Only)
Issues:
- Does the doctrine of pre-judicial question apply to bar or suspend the perjury prosecution where only an administrative complaint (not a civil action) is pending?
- Does the provisional dismissal of the perjury information expose the prosecution to a double jeopardy bar, or was dismissal sought by the defendants such that ...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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