Title
Supreme Court
People vs. Garfin
Case
G.R. No. 153176
Decision Date
Mar 29, 2004
A state prosecutor filed an information without city prosecutor approval, rendering it invalid; the Supreme Court upheld dismissal for lack of jurisdiction.

Case Summary (G.R. No. L-25513)

Antecedent Facts

On June 22, 2001, Serafin Saballegue was charged with violating the Social Security Act (Republic Act No. 8282) through an information filed by State Prosecutor Romulo SJ. Tolentino, which included a certification asserting that the required investigation had been conducted and that the filing had the prior approval of the Regional State Prosecutor. The information detailed Saballegue's failure to remit employee premiums to the Social Security System (SSS) along with specified amounts involved.

Proceedings at the Regional Trial Court

After being arraigned on September 24, 2001, and pleading not guilty, Saballegue filed a motion to dismiss on October 1, 2001, citing the lack of prior written authority from the city prosecutor as required by Section 4, Rule 112 of the Revised Rules of Court. The trial court examined the arguments from both sides and ultimately granted the motion to dismiss the information on February 26, 2002, asserting that the information had not been filed in compliance with the procedural rules.

Motion for Reconsideration

Following the dismissal, State Prosecutor Tolentino filed a motion for reconsideration. The trial court denied this motion on April 3, 2002, citing non-compliance with the notice of hearing requirements, thus reinforcing the initial dismissal order.

Legal Issues Presented

The central question presented to the Supreme Court was whether the information filed by the State Prosecutor without the city prosecutor's prior approval was jurisdictionally defective and if such a defect could still be raised after entry of the accused's plea. The petitioner argued that the rules had been circumvented through the previous directives issued to inhibit the city prosecutor from SSS cases, claiming the special prosecutor had the authority to file the information independently.

Findings of the Court

The Supreme Court upheld the principle that the requirement for prior written approval is mandatory and cannot be disregarded. It emphasized that the absence of this approval constitutes a jurisdictional defect that cannot be waived by mere silence or acquiescence from the accused. This ruling traced back to established precedents, particularly the Villa ruling, which clarified that the filing officer's authority is critical for conferring juris

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