Case Summary (G.R. No. 110315)
Procedural History
– Branch 60 RTC in Angeles City initially received Case No. 11542.
– During pre-trial, venue defect noted: offense occurred in Mabalacat, not Angeles City; case re-raffled to Branch 56.
– On October 31, 1989, Provincial Prosecutor of Pampanga filed a second information (Case No. 11987) charging the same offense; also raffled to Branch 56.
– Prosecutor in No. 11542 moved to dismiss first information, conceding lack of proper authority; granted April 3, 1990 over petitioner’s opposition.
– Petitioner moved to quash No. 11987 on double jeopardy grounds; RTC denied motion.
– Court of Appeals affirmed denial, ruling no double jeopardy because first information was invalid.
Legal Issues
- Whether the Angeles City City Prosecutor had authority to file the first information.
- Whether dismissal of the first information constitutes jeopardy that bars the second prosecution under the Double Jeopardy Clause.
Requisites of Double Jeopardy
Under Rule 117, Section 7, double jeopardy attaches only if:
(a) A prior valid information or complaint was filed by an authorized officer;
(b) Jeopardy attached by arraignment and plea;
(c) The prior case was terminated without petitioner’s consent; and
(d) The second prosecution charges the same offense.
Jurisdiction and Validity of the First Information
– Venue and jurisdiction in criminal cases are defined by law, not internal court arrangements (Agbayani v. Sayo; People v. Tomio).
– Administrative Order No. 7 (1983) apportioned Pampanga crimes to RTC Branches LVI–LXII; Branch 60 had jurisdiction over Mabalacat offenses.
– However, authority to file an information lies with the public prosecutor whose territorial jurisdiction covers the offense. PD 1275 and the Administrative Code vest this power in the Provincial Prosecutor of Pampanga for crimes outside Angeles City.
– The City Prosecutor’s filing of No. 11542 was unauthorized; an information signed by an incompetent officer is fatally defective and does not confer jurisdiction.
Authority of Prosecuting Officer and Curing Defects
– A defect in prosecutorial authority cannot be waived by the accused nor cured by silence or plea (Section 8, Rule 117; Villa v. Ibañez).
– Jurisdictional infirmities may be challenged at any stage.
– Estoppel cannot bind the State to its officers’ mistakes; allowing it would jeopardize public interest.
A
Case Syllabus (G.R. No. 110315)
Facts
- On June 28, 1989, petitioner Renato Cudia was arrested at Purok 6, Barangay Santa Inez, Mabalacat, Pampanga, by members of the 174th PC Company for alleged possession of an unlicensed .38 caliber revolver (paltik) and six live ammunitions.
- He was detained at Camp Pepito, Sto. Domingo, Angeles City, and subjected to a preliminary investigation by an investigating panel of prosecutors.
- The City Prosecutor of Angeles City filed the first information (Criminal Case No. 11542) charging illegal possession of firearms and ammunition, alleging the crime occurred “in the City of Angeles.”
- Upon arraignment on August 14, 1989, the petitioner pleaded “not guilty.”
- During pre-trial, the trial court observed the offense took place in Mabalacat, not Angeles City, and ordered re-raffling to Branch 56 (handling crimes outside Angeles City).
Procedural History
- October 31, 1989: The Provincial Prosecutor of Pampanga filed a second information (Criminal Case No. 11987) against Cudia for the same offense, also raffled to Branch 56.
- The prosecutor in CC 11542 moved to dismiss the first information for want of jurisdiction, citing inadvertence and oversight. The court granted this motion on April 3, 1990, over the petitioner’s opposition.
- May 21, 1990: Petitioner moved to quash CC 11987 on double jeopardy grounds, arguing the first dismissal—despite his opposition—barred further prosecution. The trial court denied the motion.
- Petitioner appealed to the Court of Appeals, which dismissed his petition, holding that (a) the first information was invalid and (b) no double jeopardy attached. Motion for reconsideration was denied.
- Petitioner ele