Title
Estodillo vs. Baluma
Case
A.M. No. RTJ-04-1837
Decision Date
Mar 23, 2004
Judge dismissed child abuse case, citing unsworn Information; Supreme Court reprimanded him for ignorance of law, clarifying Information need not be sworn.
child abuse case
dismissal of case
technicality

Case Summary (A.C. No. 13521)

Factual Background

The administrative complaint arose from Criminal Case No. 11627 entitled People of the Philippines vs. Fredie Cirilo Nocos y Urot, in which the victim was eleven-year-old Jovelyn Estudillo. The complaint had been the subject of a preliminary investigation before the 2nd Municipal Circuit Trial Court of Tubigon-Clarin, Bohol, where Judge James Stewart E. Himalaloan found probable cause under Section 10(1), Article VI of Republic Act No. 7610. The record of the preliminary investigation was transmitted to the Office of the Provincial Prosecutor and an information was filed at the trial level.

Trial-Court Orders and Immediate Impasse

Prosecutor Macario I. Delusa filed an Information dated October 28, 2002. On November 21, 2002, respondent Judge Baluma dismissed the Information on the ground that the Information was not subscribed and sworn to by the prosecutor and therefore was defective and null. The prosecution moved for reconsideration and revival on December 12, 2002, asserting that an information need not be under oath and that the prosecutor had subscribed the document. On January 10, 2003, respondent granted the motion, reinstated and revived the case, but ordered the filing of a new information complying with formalities under Rule 112, Section 4 and an unspecified departmental circular within ten (10) days. Respondent later refused to act on an ex parte prosecution motion to increase bail because the prosecution had not filed the new information.

Complainants’ Administrative Allegations

Complainants alleged that respondent's dismissal of the Information and subsequent insistence on filing a new sworn information constituted gross and inexcusable ignorance of the law. They further alleged unequal treatment in comparison with Criminal Case No. 11514 (People of the Philippines vs. Eduardo Vedra), where respondent had reportedly dismissed an information on the same ground but later reinstated that case without requiring a new information. Complainants sought Court intervention because the accused’s bond had been cancelled and because respondent’s orders created an impasse.

Respondent’s Defense and Counter-Complaint

In his Comment, respondent maintained that the jurisdictional complaint did not comply with Rule 7, Section 5, Rules of Civil Procedure regarding certification against forum shopping. He denied standing pat because he had subsequently issued an Order dated February 27, 2003 finding probable cause and fixing the accused’s bond at P60,000.00. He accused Prosecutor Eric M. Ucat, Atty. Esther Gertrude Biliran, and others of mental dishonesty for initiating the administrative complaint before he issued his February 27 order. Respondent filed a counter-complaint against Prosecutor Ucat and Atty. Biliran seeking disciplinary sanctions, alleging deceit, failure of candor, and abuse of procedure.

Prosecution and Counsel Rejoinders

Prosecutor Eric M. Ucat filed a rejoinder clarifying that he merely administered the oath to the private complainant and that Prosecutor Macario I. Delusa was the officer who filed the Information; he noted that Prosecutor Helen T. Cabatos had handled the subject criminal case at trial. Atty. Esther Gertrude D. Biliran likewise denied participating in the administrative complaint beyond taking the complainant’s oath and asserted that the complainants had not received respondent’s February 27, 2003 Order when they filed the administrative complaint on March 8, 2003.

Court Administrator’s Evaluation and Recommendation

Court Administrator Presbitero J. Velasco, Jr. reviewed the records and concluded that respondent erred in dismissing the Information on the ground that it was not sworn to, because Section 4, Rule 110, Revised Rules of Criminal Procedure defines an information as an accusation in writing subscribed by the prosecutor and filed with the court and contains no oath requirement. The Court Administrator observed that a complaint, by contrast, must be sworn to. He recommended that the matter be re-docketed as a regular administrative case and that respondent be reprimanded with a stern warning.

Legal Analysis and the Court’s Reasoning

The Court agreed with the Court Administrator that respondent had confused an information with a complaint. The record showed that Prosecutor Macario I. Delusa had subscribed the Information. The Court relied on the principle that an information filed by a public prosecutor need not be under oath because the prosecutor acts under the responsibility of his oath of office, a position earlier recognized in U.S. vs. Dacquel. The Court found that respondent’s initial dismissal of the Information on the ground that it was not sworn to was erroneous. The Court further observed that respondent in effect corrected the error by issuing an Order dated February 27, 2003 finding probable cause. Nonetheless, the Court criticized respondent for failing to reconcile the sequence of prior orders that gave rise to the complainants’ grievance and for not being sufficiently meticulous in the performance of judicial duties.

Application of the Code of Judicial Conduct

The Court held that respondent’s conduct constituted a breach of Canon 3, Rule 3.01, Code of Judicial Condu

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