Case Summary (G.R. No. 156747)
Arraignment Proceedings and Preliminary Motions
Branch 93 of the RTC Quezon City arraigned four defendants on August 27, 1997, entering pleas of not guilty on their behalf when they refused to plead. Macasaet’s arraignment was later set for October 20. Petitioners filed an urgent motion to suspend arraignment, intending to elevate the prosecutor’s resolution to the DOJ, and a motion to dismiss for lack of territorial jurisdiction under Article 360. The court heard and denied these motions before the withdrawal-of-plea motion or DO J review could be resolved.
Venue Challenge and Evidence on Residence
Petitioners maintained that Trinidad’s address in the Information and preliminary-investigation papers was in Marikina City, thereby ousting RTC Quezon City’s jurisdiction. They submitted two barangay certifications indicating no record of Trinidad in Quezon City and bona fide residency in Marikina. The prosecution countered with Trinidad’s prior affidavit indicating dual residences and argued that venue is determined solely by the information’s allegations.
Trial Court’s Dismissal for Lack of Jurisdiction
On November 24, 1997, the RTC granted the motion to dismiss, observing that:
• Abante’s editorial box showed printing and first publication in Manila, not Quezon City.
• Documentary evidence (information, barangay certifications, preliminary-investigation affidavit) placed Trinidad’s residence in Marikina.
Hence, neither statutory alternative under Article 360 (place of publication or place of residence) supported Quezon City venue.
Court of Appeals’ Reversal and Remand Order
The CA reversed the dismissal, holding that Trinidad’s actual abode at the time of publication was a question of fact susceptible to amendment during preliminary investigation. It deemed the supplemental affidavit curing the alleged misjoinder of residence and rejected the barangay certificates as having no probative value on legal domicile or temporary residence.
Issues Framed for Supreme Court Review
The petition raised three principal issues:
I. Whether RTC Quezon City had territorial jurisdiction under Article 360.
II. Whether the CA erred in admitting and giving weight to the belated affidavit of Trinidad’s lessor (Del Rosario).
III. Whether Trinidad, as private complainant, had legal personality to appeal the dismissal of the criminal case’s civil aspect.
Supreme Court Ruling on Jurisdictional Allegations
Under the Revised Penal Code, a libel information must allege either the place of first publication or the actual residence of the offended party at the time of the offense. The SC found that the Information failed to include either requisite allegation, rendering venue improperly laid. Jurisdiction in criminal cases is acquired only by compliance with statutory venue provisions; defects cannot be cured by supplemental pleadings or preliminary-investigation amendments. Accordingly, the dismissal for lack of jurisdiction was correct.
Rejection of Supplemental and Curative Affidavits
The Court emphasized that supplemental pleadings under Rule 10 § 6 cannot introduce events or facts predating the principal pleading’s filing. Del Rosario’s affidavit, submitted long after the Information and without expla
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Facts of the Case
- On July 13, 1996, Abante published an article alleging dishonorable conduct by Joselito “Joey/Toto” Trinidad.
- Petitioners Lorenzo (columnist), Macasaet (publisher), Quijano Jr. (managing editor), Parajes (editor), and Castillo (writer) were charged with libel before RTC Branch 93, Quezon City.
- The Information (July 10, 1997) accused them of maliciously writing, publishing, and circulating statements imputing crime, vice, or defect to Trinidad.
Procedural History
- July 16, 1997: RTC Branch 93 set arraignment for August 27.
- August 21, 1997: Petitioners moved to suspend arraignment to elevate the City Prosecutor’s resolution to the DOJ.
- August 27, 1997: Arraignment proceeded; pleas of not guilty entered for Lorenzo, Quijano Jr., Parajes, and Castillo. Macasaet’s arraignment deferred to October 20.
- September 12, 1997: Motion to dismiss for lack of jurisdiction (Art. 360, RPC) filed, citing Trinidad’s Marikina residence.
- November 24, 1997: RTC dismissed case for lack of jurisdiction based on evidence of publication in Manila and Trinidad’s Marikina residence.
- December 1997–January 1998: Private respondent’s motions for reconsideration and supplemental affidavit denied.
- Notice of appeal filed by public and private prosecutors.
- March 22, 2002; January 6, 2003: Court of Appeals reversed RTC dismissal and remanded for trial.
- Supreme Court: Petition for Review on Certiorari under Rule 45.
Issues Presented
- Whether RTC Quezon City had territorial jurisdiction.
- Whether the affidavit of Cristina B. Del Rosario was properly admitted.
- Whether private complainant Trinidad had personality to appeal