Title
Supreme Court
Orquinaza vs. People
Case
G.R. No. 165596
Decision Date
Nov 17, 2005
A company manager accused of sexual misconduct challenged charges, claiming due process violations; Supreme Court upheld the charges, affirming prosecutor's discretion and sufficiency of preliminary investigation.

Case Digest (G.R. No. 165596)
Expanded Legal Reasoning Model

Facts:

# Incident and Complaint

  • On February 5, 2003, respondent Edelyn Arida, an employee of Calamba Model Makers, filed a complaint with the Calamba City Police Station. She alleged that petitioner Esmael Orquinaza, the General Manager of the company, kissed her and touched her breasts while she was napping inside the Development Room of the factory. Her witness, Julio Espinili, corroborated her statement.

# Referral to Prosecutor

  • The police referred the case to the City Prosecutor of Calamba for evaluation. On February 13, 2003, Assistant City Prosecutor Rodel Paderayon issued a subpoena for both Arida and Orquinaza to appear for a preliminary investigation.

# Motion to Dismiss

  • Orquinaza filed a motion to dismiss, arguing that the affidavits did not support a charge of sexual harassment. However, the prosecutor found that while there was no sexual harassment, Orquinaza’s actions constituted acts of lasciviousness under Article 336 of the Revised Penal Code.

# Filing of Information

  • On March 25, 2003, the prosecutor filed an information charging Orquinaza with acts of lasciviousness. The case was docketed as Crim. Case No. 40217-03, and a warrant of arrest was issued against Orquinaza.

# Omnibus Motion

  • Orquinaza filed an omnibus motion to recall the warrant of arrest, quash the information, and dismiss the case. He argued that the preliminary investigation was for sexual harassment, not acts of lasciviousness, and that he was deprived of due process. The motion was denied by the Municipal Trial Court in Cities (MTCC).

# RTC Decision

  • Orquinaza filed a petition for certiorari with the Regional Trial Court (RTC), which affirmed the MTCC’s decision. Orquinaza then filed the instant petition for review before the Supreme Court.

Issues:

  • Whether the information for acts of lasciviousness is null and void due to the lack of a preliminary investigation for that specific offense.
  • Whether the omnibus motion to recall the warrant of arrest, quash the information, and dismiss the case was timely filed.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Conclusion:

The Supreme Court upheld the RTC’s decision, ruling that the preliminary investigation conducted was sufficient to support the charge of acts of lasciviousness. The petition was denied for lack of merit.

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