Title
Bureau of Customs vs. Sherman
Case
G.R. No. 190487
Decision Date
Apr 13, 2011
MSPI imported goods without paying duties; BOC filed a criminal case, but DOJ withdrew charges. SC upheld prosecutorial discretion, dismissing BOC’s petition.
unlawful importation
criminal complaint
dismissal of case
A

Case Summary (G.R. No. 190487)

Accusatory Allegations and Statutory Bases

The Bureau of Customs filed a criminal complaint under its Run After The Smugglers (RATS) Program alleging violations of Section 3601 (Unlawful Importation) in relation to Sections 2530(f) and (l) and Section 101(f) of the Tariff and Customs Code, as amended, and Republic Act No. 7916 (Special Economic Zone Act). The Information filed before the CTA charged respondents with conspiracy and forty (40) unlawful importations valued at approximately US$1,240,880.14, and alleged unpaid duties and taxes estimated at Php15,917,611.83.

Initial Prosecutorial Action and Subsequent DOJ Review

State Prosecutor Rohaira Lao-Tamano, by Resolution dated March 25, 2008, found probable cause and recommended filing of Information. Respondents filed a petition for review before the Secretary of Justice. While that review was pending, the Information was filed on April 11, 2009 in the CTA. By Resolution dated March 20, 2009, the Secretary of Justice reversed the State Prosecutor’s resolution and directed withdrawal of the Information; the Secretary’s denial of petitioner’s motion for reconsideration was memorialized on April 29, 2009.

CTA Proceedings and Withdrawal of Information

After the Secretary’s directive, Prosecutor Lao-Tamano filed before the CTA a Motion to Withdraw Information with Leave of Court. The Bureau of Customs opposed that motion and also sought reconsideration at the CTA after the CTA granted the prosecutor’s motion. The CTA, by Resolution dated September 3, 2009, granted the withdrawal and dismissed the Information. The CTA subsequently noted petitioner’s motion for reconsideration without action on October 14, 2009 on the ground that an Entry of Judgment had already been issued and that no Motion for Reconsideration had been filed by the State Prosecutor.

Central Legal Issue Presented

The central legal issue is whether the CTA and the Secretary of Justice, by permitting the withdrawal of the Information and directing its dismissal, gravely abused their discretion such that the Court should set aside those actions at the instance of the Bureau of Customs. Underpinning the issue is the scope of prosecutorial control and discretion in criminal prosecutions, and the legal role of a private complainant (here, the BOC) when the public prosecutor elects not to proceed.

Applicable Law and Governing Principles

The decision applies principles recognizing that prosecution of crimes is a function of the executive department and that public prosecutors have control and supervision over criminal actions (as reflected in the Rules of Court, Rule 110, Sec. 5, and the cited jurisprudence). The CTA relied on the accepted doctrine that the participation of a private complainant in criminal prosecutions is limited and that the public prosecutor has the authority to direct or withdraw the prosecution. The Administrative Code provision cited establishes that the Office of the Solicitor General ordinarily represents government agencies, but in this case the petition was not brought by the OSG.

Court’s Reasoning on Prosecutorial Discretion and Withdrawal

The Court emphasized that prosecutorial discretion is vested in the public prosecutor and is part of faithful execution of law by the executive department. The Secretary of Justice’s reversal of the state prosecutor and directive to withdraw the Information fell within the prosecutor’s control over the case. The CTA’s granting of the prosecutor’s motion to withdraw and its dismissal of the Information did not constitute grave abuse of discretion; rather, it was an exercise consistent with prosecutorial authority. The CTA’s notation without action of the BOC’s motion for reconsideration was explained by the court as procedural recognition that the State Prosecutor had not filed a motion for reconsideration and that an Entry of Judgment had been issued—circumstances that justified noting the motion without further action.

Role and Limitations of the Private Complainant

The Court reiterated that a private complainant, even a government agency such as the BOC, is limited to the role of witness in criminal prosecutions and cannot substitute for the prosecutorial function

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