G.R. No. 171643 - Verzano, Jr. vs. Paro

Petitioner Filemon A. Verzano, Jr. was the former District Manager of Wyeth Philippines, Inc. for Panay and Negros.
He was dismissed from employment following an administrative complaint filed against him.

The complaint, initiated by his subordinates – territory managers Francis Victor D. Paro and Janet A. Florencio – alleged that petitioner violated company policy.
Specifically, he was accused of selling drug samples meant to be given to doctors free of charge and engaging in “channeling” (unauthorized transfer of stocks to falsely indicate a sale).

Wyeth conducted its own investigation and afforded petitioner the opportunity to explain his side.
After the investigation, petitioner was terminated via a Notice of Termination.

Petitioner filed a Complaint for illegal dismissal with the Regional Labor Arbitration Board of the National Labor Relations Commission in Bacolod City.
In response, Wyeth filed a Position Paper which included the affidavits of respondents Paro and Florencio.
Relying on these affidavits, petitioner subsequently filed a criminal complaint against the respondents for perjury, false testimony, and incriminatory machination.
Petitioner contended that the affidavits contained material falsehoods regarding the date of the alleged sale and the sale of products intended as free samples.

The City Prosecutor issued a Resolution dismissing petitioner’s criminal complaint due to insufficiency of evidence, noting that respondents had not submitted counter-affidavits.
Petitioner’s motion for reconsideration of this Resolution was denied.

Petitioner appealed the City Prosecutor’s Resolution to the Office of the Regional State Prosecutor.
On July 30, 2004, the Regional State Prosecutor reversed the earlier Resolution and directed the filing of Informations for perjury against respondents, based primarily on the absence of counter-affidavits.
Respondents filed a motion for reconsideration, which was denied in a Resolution dated August 25, 2004.

On September 20, 2004, two Informations for perjury were filed in the Municipal Trial Court in Bacolod City, and subpoenas led to the issuance of arrests warrants against respondents.
The Court of Appeals (CA) later issued a Temporary Restraining Order (TRO) to suspend further prosecutorial action at the behest of respondent petitions.
The MTCC also suspended the proceedings upon the respondents’ motion for an urgent suspension.

On July 28, 2005, the CA rendered a Decision in favor of respondents, reversing and setting aside the Resolutions of the Regional State Prosecutor.
Petitioner’s subsequent motion for reconsideration was denied in the CA Resolution dated February 7, 2006.
Underlying issues included whether the filing of the Informations rendered the petition moot, if grave abuse of discretion was committed by the Regional State Prosecutor, and the appropriateness of the petition for certiorari as the proper remedy.

Whether the filing of Informations and the issuance of arrest warrants in the Municipal Trial Court rendered petitioner’s appeal moot and academic.

Whether the Regional State Prosecutor committed grave abuse of discretion by reversing the City Prosecutor’s Resolution on the basis that respondents failed to submit counter-affidavits.

Whether the petition for certiorari filed by the petitioner with the Court of Appeals is the proper remedy as opposed to an appeal to the Secretary of Justice under Department Circular No. 70.