Case Summary (G.R. No. 192514)
Facts
On or about September 1, 1995, petitioners allegedly, armed with firearms and abusing official positions, kidnapped Elmer Ramos from his residence in Sanchez Mira, Cagayan, using a motor vehicle. Original Information did not allege any office-related fact.
Original and Amended Information
Original Information (Sept. 18, 1997): charged kidnapping without reference to any official capacity.
Amended Information (Nov. 24, 1997): added that Antiporda, Jr. used his mayoral office to conspire with co-accused, thereby supplying jurisdictional facts.
Procedural History of Motions
- Petitioners filed an Omnibus Motion (Nov. 16, 1997) for reinvestigation and deferment of arrest warrants – denied by the Ombudsman (Jan. 9, 1998).
- Motion for new preliminary investigation and to recall warrants (Mar. 5, 1998) – denied (Mar. 12, 1998) due to unchanged substance and non-appearance.
- Motion to quash Amended Information (Mar. 24, 1998) – ignored (Mar. 27, 1998) for refusal to submit to jurisdiction.
- Motion for reconsideration (Apr. 3, 1998) – denied (Apr. 24, 1998).
Issues Presented
a) Whether Sandiganbayan can acquire jurisdiction by amending the Information to add office-related facts not in the original Information.
b) Whether allowing the Amended Information without a new preliminary investigation violates petitioners’ rights.
Jurisdictional Framework
Under P.D. 1606 as amended, Sandiganbayan has exclusive original jurisdiction over offenses by public officers in relation to their office carrying penalties exceeding six years. Jurisdiction requires three requisites: (1) the court’s authority over the offense by law, (2) commission within territorial bounds, and (3) acquisition of jurisdiction over the person by warrant or voluntary submission.
Jurisdiction Over Person and Offense
Territorial jurisdiction was undisputed. Petitioners’ counsel appearances at hearings constituted voluntary submission to jurisdiction. However, original Information lacked office-related allegations; thus, at that stage, substantive jurisdiction over the offense was absent.
Estoppel and Jurisdictional Facts
Petitioners had earlier contested the Regional Trial Court’s jurisdiction and asserted the crime was work-related before the Ombudsman. They cannot now deny Sandiganbayan’s jurisdiction after invoking it. Under the doctrine of judicial estoppel, petitioners are precluded from challenging the court’s jurisdiction over the offense.
Amendment of Information
Rule 110, Section 14 permits amendment of Information before plea or during trial on matters of form at the court’s discretion without prejudice to the accused. The Sandiganbayan lawfully allowed the amendment to supply office-related facts since petitioners had invoked jurisdiction and were not unfairly s
Case Syllabus (G.R. No. 192514)
Procedural Context
- Petitioners sought certiorari and prohibition with a preliminary injunction or temporary restraining order against the Sandiganbayan First Division.
- They prayed that the Sandiganbayan be restrained from proceeding with Crim. Case No. 24339 and from enforcing arrest warrants against them.
- The petition arose from a kidnapping charge (Information dated September 18, 1997) filed before the Sandiganbayan.
Antecedent Facts
- Petitioners Licerio A. Antiporda, Jr. (then Municipal Mayor of Buguey, Cagayan), Eliterio Rubiaco, Victor Gascon and Caesar Talla were charged with kidnapping one Elmer Ramos.
- Original Information alleged that on or about September 1, 1995 in Sanchez Mira, Cagayan, the four, armed and acting in conspiracy, forcibly took Ramos from his home using a Maroon Tamaraw FX.
- The Sandiganbayan questioned its jurisdiction because the Information did not allege any office-related character of the offense.
Order to Amend Information
- On November 10, 1997, the Sandiganbayan issued an order giving Prosecutor Evelyn T. Lucero-Agcaoili thirty days to:
• Amend the Information to correct inadequacies in the allegations.
• File an expanded recommendation showing the office-related character of the offense to establish the Court’s jurisdiction.
Filing and Content of the Amended Information
- On November 10, 1997, the prosecution filed an Amended Information.
- The Sandiganbayan admitted it by resolution on November 24, 1997.
- The Amended Information alleged that on or about September 10, 1997, petitioner Antiporda, Jr., exploiting his position as Mayor, conspired with others to kidnap Elmer Ramos and detained him at Antiporda’s residence for more than five days—thereby framing the offense as office-related.
Motions by the Accused Before the Sandiganbayan
- November 16, 1997: Urgent Omnibus Motion praying for reinvestigation and deferral of arrest warrants.
- January 9, 1998: Ombudsman Aniano A. Desierto approved the denial of that motion.
- March 5, 1998: Motion for New Preliminary Investigation and to Hold in Abeyance or Recall Warrant of Arrest Issued—denied on March 12, 1998.
- March 24, 1998: Motion to Quash the Amended Information for lack of jurisdiction—ignored by order dated March 27, 1998, on the ground that petitioners had not submitted to the Court’s jurisdiction.
- April 3, 1998: Motion for Reconsideration alleging voluntary submission and that jurisdiction had attached—denied in