Case Digest (G.R. No. L-29086)
Facts:
The People of the Philippines v. Edilberto Gomez, et al., G.R. Nos. L-29086, L-29087, L-29088, L-29089, September 30, 1982, Supreme Court First Division, Relova, J., writing for the Court.In 1962 several informations were filed in the Court of First Instance of Zamboanga City charging various combinations of defendants with estafa through falsification of public/official documents. On May 24, 1962, Criminal Case No. 3083 charged Edilberto Gomez, Prudencio N. Cichon, Cesar V. Castillo, Pedro Cuento and John Doe; Criminal Case No. 3084 charged Lorenzo Delantar, Prudencio Cichon, Jesus F. Atilano and two unidentified persons; and Criminal Case No. 3088 charged Prudencio Cichon and Paulino Duma. On October 1, 1962 Criminal Case No. 3128 charged Prudencio Cichon, Jesus F. Atilano and Pedro Cuento. The informations in Nos. 3083, 3084 and 3088 carried certifications by prosecutors that preliminary investigations had been conducted, and warrants of arrest issued; in No. 3128 the information lacked such a certificate and the district judge himself conducted the preliminary investigation and issued warrants the same day.
After arrest the accused in the several cases were released on bail and, at various times in 1964 and 1966, entered pleas of not guilty. On June 22, 1966 the accused filed a motion to declare the informations and warrants of arrest null and void, alleging the prosecution failed to observe Sections 13 and 14 of Rule 112 of the New Rules of Court (preliminary investigation requirements) and praying for cancellation of the warrants.
The Court of First Instance initially denied the motion on September 27, 1966. On reconsideration, however, the trial court on November 2, 1966 reversed itself, ordered dismissal o...(Subscriber-Only)
Issues:
- Did the Court of First Instance err in dismissing Criminal Cases Nos. 3083, 3084, 3088 and 3128 on the ground that the preliminary investigations were not in accordance with Sections 13 and 14 of Rule 112, in relation to Rule 144 of the Revised Rules of Court?
- If the informations lacked the certification required by the New Rules of Court, does such omission automatically render the informations or the warrants of arrest null and void or is the right to prelim...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)