Title
Marites Aytona vs. Jaime Paule
Case
G.R. No. 253649
Decision Date
Nov 28, 2022
Criminal perjury case against Aytona dismissed due to prosecution delays violating her right to a speedy trial; RTC reinstatement overturned, citing double jeopardy and lack of legal standing by private complainant.
petition
appeal
perjury
A

Case Summary (G.R. No. 253649)

Factual Antecedents and Procedural History in the MeTC

Based on complaints filed by Paule, two Informations for perjury were filed on February 15, 2010 and raffled to Branch 44, MeTC. The proceedings, however, did not reach even the conclusion of the presentation of the prosecution’s first witness despite the lapse of more than five years. After the termination of pre-trial, initial trial settings were repeatedly reset. The MeTC documented multiple postponements and cancellations from September 13, 2010, followed by the partial direct examination of the private complainant beginning March 30, 2011, which was later reset through April 27, 2011, June 15, 2011, and subsequent dates. The prosecution was repeatedly directed to show cause and warned of possible sanctions and consequences for failure to appear and failure to proceed.

The prosecution’s non-compliance continued even after the court issued further directives for the submission of the Judicial Affidavit of the private complainant and witnesses. Orders required that the Judicial Affidavit be submitted within specified periods before scheduled hearings, yet the prosecution did not comply for extended periods. The MeTC also addressed the prosecution’s attempts to attribute delay to matters such as reconstitution of records and the accused’s claimed medical treatment abroad, including issuance of an arrest warrant against Aytona on June 2, 2015 for failure to ask permission for supposed medical treatment and for alleged non-compliance by her counsel with a court order.

Meanwhile, Aytona filed a Motion to Consolidate Cases and later filed an omnibus Motion for Reconsideration and Motion to Dismiss, and, critically, the MeTC focused on Aytona’s Motion to Dismiss (For Failure to Prosecute Case with a Reasonable Length of Time) filed on June 24, 2015 and set for hearing on July 7, 2015, which was reset multiple times.

MeTC Ruling: Dismissal for Violation of the Right to Speedy Trial

On August 1, 2016, the MeTC dismissed the cases due to the prosecution’s failure to prosecute and repeated resetting that effectively stalled the case for more than five years without completion of the prosecution’s direct testimony or compliance with the Judicial Affidavit directives. The MeTC struck off the direct testimony of the private complainant and ordered the release of the bonds posted by the accused subject to proper documentation and identification.

The MeTC ruled that the prosecution showed “consistency in being unmindful of its readiness to prosecute” within approximately five years and that it received ample opportunity to do so starting from the resettings beginning September 13, 2010. It further held that the non-submission of the Judicial Affidavits contributed to unjust delays and justified dismissal for violation of the accused’s right to speedy trial.

RTC Proceedings: Grant of Petition for Certiorari and Reinstatement of the Criminal Cases

Paule moved for reconsideration, which the MeTC denied on December 4, 2017. Paule then filed a petition for certiorari in the Regional Trial Court of Pasay City (RTC), docketed as SCA Case No. R-PSY-18-29643-CV, seeking to set aside the MeTC order of dismissal.

In a Decision dated January 27, 2019, the RTC granted the petition for certiorari and set aside both the MeTC order of August 1, 2016 and the order denying reconsideration dated December 4, 2017. The RTC ordered the continuation of the criminal proceedings and reinstated the direct testimony of the private complainant.

The RTC reasoned that Aytona’s motion to dismiss was supposedly filed beyond the period required under Sections 4 and 5, Rule 15 of the Rules of Court. It considered the motion as a “mere scrap of paper,” thereby stating that the MeTC had no right to receive or act upon it. The RTC also held that there was no violation of Aytona’s right to speedy trial, attributing delays to factors including vacancy in the judicial post, repeated absences of the private prosecutor and complainant, and the accused and her counsel during scheduled settings, and the failure to submit the required Judicial Affidavit. It further faulted Aytona for allegedly failing to assert her right timely, stating that she invoked the right only during trial and that failure to file a motion to dismiss before trial amounted to waiver.

Aytona’s motion for reconsideration was denied on April 29, 2019. She filed a notice of appeal to the CA.

CA Proceedings: Dismissal for Failure to File Memorandum

On June 17, 2019, the CA directed the parties to submit their memoranda, in lieu of briefs, within a non-extendible period of thirty days from notice. Both parties failed to file their memoranda. The CA, through a Resolution dated October 8, 2019, dismissed Aytona’s appeal under Section 1(e), Rule 50 of the Rules of Court for failure to file the required memorandum within the time provided. The CA denied Aytona’s motion for reconsideration on September 14, 2020.

Aytona then filed the present Petition for Review on Certiorari under Rule 45, challenging the CA action and the RTC’s reinstatement of the criminal cases.

Issues Framed for Resolution

The Supreme Court addressed two issues: first, whether the CA erred in dismissing Aytona’s appeal for failure to file a memorandum; and second, whether the RTC erred in reinstating the criminal cases against Aytona.

Supreme Court’s Disposition on the CA Dismissal for Memorandum Default

The Court held that the CA could not be faulted for dismissing the appeal due to Aytona’s failure to timely file the memorandum. Although Aytona explained that her counsel’s legal secretary misplaced the CA order, the Court found the delay in filing the memorandum—filed 123 days after the expiration of the period—still inexcusable. It reiterated that negligence of counsel binds the client, especially in matters of official communications and case management.

However, the Court proceeded to address the case’s merits despite the procedural default because a constitutional right was implicated.

Supreme Court’s Treatment of the RTC Decision: Void Ab Initio for Lack of Legal Personality and Double Jeopardy

The Court ruled that the RTC Decision was void ab initio for two reasons.

First, it held that Paule had no legal personality to file the petition for certiorari. It invoked the long-standing rule, reiterated by the Court en banc in Austria v. AAA, that in criminal cases, the real party affected by the dismissal or acquittal is the State, not the private complainant. The private complainant’s interest in a criminal proceeding is generally limited to the civil liability aspect; thus, if an appeal or petition is to question the criminal aspect after dismissal or acquittal, the filing must be by the public prosecutor or through the State’s representation, not by the private complainant. The Court stated that Paule’s petition directly sought reinstatement of the criminal cases, a demand that should have been pursued on behalf of the State, not the private offended party.

Second, the Court held that the RTC’s grant of certiorari reinstating the perjury cases violated Aytona’s constitutional protection against double jeopardy under Article III, Section 21 of the 1987 Constitution. It traced the requirements for double jeopardy: a first jeopardy attached; the first jeopardy was terminated; and the second jeopardy was for the same offense. It further stated that first jeopardy attaches when there is a valid indictment, court of competent jurisdiction, arraignment with a valid plea, and a dismissal or termination without the accused’s express consent by a court of competent jurisdiction.

The Court found these requisites satisfied. The Informations were valid and filed with a court of competent jurisdiction. Aytona was arraigned and pleaded not guilty. The MeTC dismissed the cases without Aytona’s express consent. It treated the dismissal—though granted on a motion filed by Aytona—as an adjudication on the merits because it was grounded on violation of the right to speedy trial, which constitutes an exception to the general principle that dismissal at the instance of the accused does not bar subsequent prosecution. The Court characterized the MeTC dismissal as, in effect, an acquittal.

The Court applied the doctrine of “finality-of-acquittal,” holding that once there is an acquittal on the merits, subsequent prosecution violates the constitutional proscription even if the prosecution might have been denied due process, and it found no showing that the prosecution was denied its day in court. It noted that the record reflected that the prosecution was given multiple opportunities to be heard but repeatedly failed to take the required steps to move the case forward.

Right to Speedy Trial: Confirmation that the MeTC Did Not Commit Grave Abuse of Discretion

The Court further affirmed that, even assuming review of the propriety of the MeTC’s speedy trial ruling, dismissal remained warranted. It reiterated that the right to speedy trial exists to prevent the anxiety and expense of litigation and to ensure determination of guilt within the shortest possible time compatible with legitimate defense. It held that a violation may be found when delays are vexatious, capricious, and oppressive; unjustified postponements are secured; or long periods elapse without trial despite lack of justifiable cause.

Applying the factors used in jurisprudence—(a) length of delay, (b) reasons for delay, (c) assertion or failure to assert the right, and (d) prejudice—the Court found substantial support for the MeTC’s conclusion.

On length and reasons, the Court noted that the case took approximately five years from filing to dismissal and that the prosecution had not even finished the direct testimony of its first witness. It found the reasons for delay inexcusable, emphasizing that even after excluding the first two years due to judicial vacancy, the prosecution still failed to file required Judicial Affidavits for almo

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