Case Summary (G.R. No. 147832)
Charges Against the Respondent
Gabriel faced two charges:
- In Criminal Case No. 27-99, he was accused of selling approximately 4.8535 grams of methamphetamine hydrochloride, commonly known as "Shabu," without lawful authority on January 15, 1999.
- In Criminal Case No. 28-99, he was charged with possessing approximately 62.9791 grams of methamphetamine hydrochloride without the necessary license or prescription on the same date.
Trial Court Proceedings
The cases were consolidated in Branch 74 of the Regional Trial Court (RTC) in Olongapo City, presided over by Judge Fatima G. Asdala, with Assistant City Prosecutor Roel G. Samonte as the assigned prosecutor. Due to concerns about Samonte's performance, Judge Asdala requested his replacement on July 19, 2000, leading to the appointment of Prosecutor Raymond C. Viray.
Provisional Dismissal of Cases
On July 26, 2000, the RTC provisionally dismissed the cases due to the absence of a prosecutor at the hearing. This dismissal prompted Assistant City Prosecutor Samonte to file a Motion for Reconsideration, asserting that the newly assigned prosecutor could now handle the cases, which ultimately was denied by Judge Reynaldo V. Roura on November 9, 2000.
Certiorari Petition to Court of Appeals
On January 3, 2001, the Office of the Solicitor General (OSG) received a recommendation to challenge the RTC’s Order via a petition for certiorari, which they subsequently filed with the Court of Appeals on March 5, 2001. The petition was assigned CA-G.R. SP No. 63552.
Dismissal of the Petition for Timeliness
On April 10, 2001, the Court of Appeals dismissed the certiorari petition as time-barred, ruling that the 60-day countdown for filing began on November 22, 2000, when the Olongapo City Prosecutor received the RTC order, not from January 3, 2001.
Legal Basis for Decision
The Court relied on Section 4, Rule 65 of the 1997 Rules of Civil Procedure, stating that the petition must be filed within 60 days from the notice of the judgment. The provision highlighted that in criminal actions, representation is solely vested in the OSG, and that notice to the prosecutor is equivalent to notice to the State.
Conclusion on Timeliness
The OSG's delay in f
...continue readingCase Syllabus (G.R. No. 147832)
Case Overview
- The case involves a petition for review on certiorari filed by the People of the Philippines against Danilo P. Gabriel.
- The petition challenges the Resolution of the Court of Appeals dated April 10, 2001, in CA-G.R. SP No. 63552.
- The charges against Gabriel relate to violations of the Dangerous Drugs Act.
Charges and Criminal Informations
- Two separate Informations were filed against Danilo P. Gabriel on January 16, 1999.
- Criminal Case No. 27-99: Gabriel was accused of selling, delivering, and giving away approximately 4.8535 grams of Methamphetamine Hydrochloride (Shabu) without lawful authority.
- Criminal Case No. 28-99: Gabriel was charged with possession of 62.9791 grams of Methamphetamine Hydrochloride without the corresponding license or prescription.
Proceedings in the Regional Trial Court
- The cases were consolidated in Branch 74 of the Regional Trial Court (RTC) in Olongapo City, presided by Judge Fatima G. Asdala.
- Assistant City Prosecutor Roel G. Samonte was initially assigned to prosecute the cases.
- On July 19, 2000, Judge Asdala expressed concerns over Prosecutor Samonte's poor performance, prompting her to request his replacement by Prosecutor Raymond C. Viray.
- Following this, on July 20, 2000, OIC Armando C. Velasco formally relieved Samonte from prosecuting the cases.
Dismissal of the Cases
- On July 26, 2000, the RT