G.R. No. L-21291 - Corliss vs. Manila Railroad Co.

Petitioner Esmael Orquinaza served as the General Manager of Calamba Model Makers.
Respondent Edelyn Arida was an employee of Calamba Model Makers.
The respondents included the RTC Judge of Branch 35, Calamba City, the MTC Judge of Calamba City, and the People of the Philippines.

On February 5, 2003, Arida and witness Julio Espinili executed a sworn statement before the Calamba City Police Station alleging that petitioner kissed her and touched her breasts while she was taking a nap inside the Development Room of the Calamba Model Makers factory.
Arida’s statement described that she was resting and fell asleep at work, when petitioner allegedly grabbed her breasts from behind and kissed her; she reacted, asked “SIR, BAKIT HO?,” and petitioner allegedly laughed.
Arida narrated that she reported the incident to her co-workers, BERT CAPILI and TESSIE CABUHAT, and later told her husband, which led to an altercation.
Arida further stated that her husband went with petitioner to the Development Room, petitioner pushed her, and asked why her husband was absent, after which petitioner allegedly made statements to the effect that he liked her and found her face appealing.

In a letter dated February 5, 2003, SPO4 Filipina Manaig referred the case of sexual harassment to the City Prosecutor of Calamba for evaluation and proper disposition.
On February 13, 2003, Assistant City Prosecutor Rodel Paderayon issued a subpoena ordering Arida and petitioner to appear for preliminary investigation.
Petitioner filed a motion to dismiss before the Office of the City Prosecutor, asserting that the affidavits of Arida and Espinili did not contain allegations constituting the crime of sexual harassment.
On March 25, 2003, Assistant City Prosecutor Paderayon issued a resolution finding no transgression of the anti-sexual harassment law, but holding that petitioner’s act of grabbing complainant’s breasts and kissing her was punishable under another law for acts of lasciviousness.
Accordingly, Paderayon filed an information for acts of lasciviousness with the MTCC.

The information alleged that on or about 12:45 o’clock in the afternoon of January 16, 2003 in Brgy. Halang, City of Calamba, petitioner, with lewd design, grabbed the breasts and kissed Arida while she was asleep inside the development room of Calamba Model Makers, Inc., without her consent, to her damage and prejudice.
The case was docketed as Crim. Case No. 40217-03.
On April 10, 2003, Judge Wilhelmina B. Jorge-Wagan issued a warrant of arrest against petitioner.
Petitioner filed an omnibus motion praying for the recall of the warrant, quashal of the information, invalidation of arraignment, and dismissal of the case.
Petitioner’s primary argument was that the information for acts of lasciviousness was void because the preliminary investigation had been for sexual harassment, not for acts of lasciviousness, and that he was deprived of due process.
The MTCC denied the omnibus motion on June 4, 2003.
The MTCC ruled that determination of what offense should be filed based on the evidence belongs to the public prosecutors, not the court, and that common elements among offenses does not strip prosecutors of charging discretion....(Subscriber-Only)

Whether the information for acts of lasciviousness was void for lack of preliminary investigation on the offense charged

Whether petitioner was deprived of due process because the preliminary investigation was allegedly conducted for sexual harassment, while the final information charged acts of lasciviousness.

Whether the court a quo erred in finding the omnibus motion not timely interposed.

Ruling:

(Subscriber-Only)

Ratio:

(Subscriber-Only)

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