Title
Supreme Court
Ark Travel Express Inc. vs. Abrogar
Case
G.R. No. 137010
Decision Date
Aug 29, 2003
Ark Travel accused Baguio and Ira of false testimony in a civil case. DOJ reversed City Prosecutor's findings, but MTC denied withdrawal of charges. RTC dismissed cases, but SC ruled MTC must independently evaluate DOJ's resolution and suspend criminal cases pending civil case resolution.

Case Summary (G.R. No. 137010)

Procedural History and Applicable Law

The City Prosecutor of Makati found probable cause to indict the private respondents, and Informations were filed in 1996. However, the Department of Justice (DOJ) reversed this finding in 1998, prompting a Motion to Withdraw the Informations. Subsequently, a motion for reconsideration was filed, and the DOJ reversed itself again, directing prosecution to proceed. The MTC denied the Motion to Withdraw, adhering to the DOJ's latest resolution and Supreme Court precedents, specifically Crespo v. Mogul, which provides that once an Information is filed, its disposition lies within the court’s discretion.

Private respondents challenged the MTC’s denial through certiorari to the Regional Trial Court (RTC) of Makati, which ruled that the MTC had abused its discretion by denying withdrawal of the Information without an independent evaluation of probable cause and declared the cases withdrawn. The RTC's denial of the petitioner’s motion for reconsideration was subsequently appealed to the Supreme Court.

This case is governed by the 1987 Philippine Constitution and the Rules of Court, including Rule 65 on certiorari and relevant procedural rules on criminal procedure.

Issues Presented

The main issue is whether the RTC committed grave abuse of discretion amounting to lack of or excess of jurisdiction when it nullified the MTC’s Orders, treated the criminal cases as withdrawn, and ordered their outright dismissal.

Procedural Remedies and Timeliness

The Supreme Court first addressed procedural concerns, concluding that certiorari was the proper remedy because the issue involved the jurisdiction of the RTC over cases pending at the MTC. Although initially filed late under the 1997 Rules of Civil Procedure, the petition was deemed timely due to the retroactive application of amendments to Rule 65 per A.M. No. 00-2-03, which extended the period for filing a certiorari petition to sixty days from denial of a motion for reconsideration.

The Court also recognized a valid exception to the principle of hierarchy of courts, granting direct cognizance to the Supreme Court in the interest of speedy justice, given the long-pending nature of the case.

Substantive Analysis: Duty of Trial Courts in Withdrawal of Informations

The Court reiterated the rule from Ledesma v. CA that a trial court confronted with a motion to withdraw an Information based on lack of probable cause, especially following a DOJ resolution, has a duty to conduct an independent evaluation of the merits rather than blindly relying on the DOJ’s findings. The court must embody this assessment clearly in its order.

The MTC’s Orders in this case were defective because:

  • The June 10, 1998 Order denying withdrawal relied solely on the DOJ’s then-revoked resolution finding probable cause.
  • The July 21, 1998 Order denying reconsideration referenced the Crespo doctrine without independently evaluating probable cause. Thus, the MTC committed grave abuse of discretion by failing to make an independent determination on probable cause.

Jurisdictional Error of the RTC

While the RTC correctly found the MTC’s failure to evaluate probable cause gravely abusive, it itself exceeded its jurisdiction by considering the criminal cases as withdrawn and dismissing them outright. The RTC’s role was limited to reviewing whether the MTC had committed grave abuse of discretion, not to presume jurisdiction and dismiss cases pending before the MTC.

Moreover, the RTC failed to perform the independent evaluation it mandated to the MTC, improperly nullifying the cases without assessing probable cause.

Probable Cause and Prejudicial Question Doctrine

Given that this case had long been pending and that the records had already been forwarded to the Supreme Court, the Court exercised its discretion to resolve the probable cause issue rather than remand it.

The Court outlined the five requisites for the crime of False Testimony under Article 182 RPC:

  1. The testimony must be given in a civil case.
  2. The testimony must relate to issues presented in the case.
  3. The testimony must be false.
  4. The false testimony must be knowingly given.
  5. The testimony must be malicious and intended to affect the issues.

The first two requisites were satisfied; the private respondents testified in the civil case concerning payment claims. However, the falsity, knowledge of falsity, and malicious intent were uncertain. The civil case was still pending; thus, the veracity of the testimonies was not yet established, making the determination of guilt in the criminal case dependent upon the outcome of the civil case.

The Court found that the issue of falsity constituted a prejudicial question under Section 7, Rule 111 of the Revised Rules of Criminal Procedure because the civil ca

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