Case Summary (G.R. No. L-38016)
Applicable Law
The pertinent laws in this case are Republic Act No. 3019 (Anti-Graft and Corrupt Practices Act) and relevant provisions of the National Building Code of the Philippines (Presidential Decree No. 1096). The constitutional foundation for the ruling relies on the 1987 Philippine Constitution, given the case's decision date is post-1990.
Factual Background
The case originated from a complaint filed by Luis G. Pabalan against Manuel S. Alba and Jeremias T. Cruz, alleging that IEMELIF illegally constructed a structure on Pabalan's property without the requisite building permit, culminating in a demolition order from the city building official. Alba was accused of recalling the demolition order unlawfully, favoring Cruz and the religious congregation by preventing the execution of the order.
Preliminary Investigation
The Office of the Ombudsman conducted a preliminary investigation, where Graft Investigator Romeo M. Pamute identified probable cause for charging Alba with violating Section 3(e) of Republic Act No. 3019. An Information was subsequently filed with the Sandiganbayan, claiming that Alba, acting in bad faith and with manifest partiality, issued the Memorandum recalling the demolition order despite lacking authority.
Motions and Hearings
Following the filing of the Information, Alba sought to quash the charge, arguing that the Ombudsman’s resolution was unsupported by the facts. The Sandiganbayan initially held proceedings, ultimately allowing Juan Manuel Alba to postpone his arraignment while agreeing to convert his motion into one for reconsideration of the Ombudsman’s resolution.
Sandiganbayan Resolution
On June 23, 2000, the Sandiganbayan quashed the Information and acquitted Alba, asserting it found no probable cause for the charge based on the Mayor's January 12, 1994 Memorandum and the Graft Investigator’s recommendation. It reasoned that Alba acted legally within his delegated authority.
Petition for Certiorari
The People of the Philippines filed a petition for certiorari, arguing that the Sandiganbayan abused its discretion in acquitting Alba prior to trial, and notwithstanding the pending arraignment of the accused, they were denied the right to due process. They contended the Memorandum relied upon had been superseded, and thus the defense's claims were legally invalid.
Supreme Court Findings
The Supreme Court concurred with the petitioner, finding that the Sandiganbayan’s decision to quash was erroneous for several reasons, primarily that the mayor's January 12 Memorandum had been amended and did not confer the powers claimed by Alba. Furthermore, the absence of probable cause affecting the issuance of a warrant of arrest does not justify quashing an information; it is an appropriate basi
...continue readingCase Syllabus (G.R. No. L-38016)
Case Citation
- 482 Phil. 613
- G.R. No. 144159
- Date: September 29, 2004
- Decided by: Callejo, Sr., J. (Second Division)
Nature of the Case
- This case involves a petition for certiorari filed under Rule 65 of the Rules of Court.
- The petitioner, the People of the Philippines, seeks to nullify the Resolution of the Sandiganbayan dated June 23, 2000.
- The Sandiganbayan quashed the Information in Criminal Case No. 25653 and acquitted the respondent, Manuel S. Alba.
Antecedents
- An Affidavit-Complaint was filed on February 17, 1999, by Luis G. Pabalan against Manuel S. Alba, then City Administrator of Quezon City, and Jeremias T. Cruz, Chairman of Iglesia Evangelica Metodista En Las Islas Filipinas (IEMELIF).
- The complaint alleged illegal encroachment on Pabalan's property by IEMELIF, which had constructed a structure without a building permit.
- The Quezon City building official ordered the demolition of the structure, which became final due to the failure of IEMELIF to appeal in time.
- IEMELIF wrote to Alba on November 4, 1998, requesting to suspend the demolition order pending appeal. Alba issued a Memorandum recalling the demolition order before receiving this letter.
- Pabalan objected but Alba refused to revoke the recall order, preventing the demolition.
Charges and Proceedings
- The Graft Investigator found probable cause against Alba for violation of Section 3(e) of Republic Act No. 3019 (Anti-Graft and Corrupt Practices Act).
- An Information was filed on September 9, 1999, chargin