Title
Radaza vs. Sandiganbayan
Case
G.R. No. 201380
Decision Date
Aug 4, 2021
Cebu's 2007 ASEAN Summit street lighting project involved alleged overpricing and collusion, leading to graft charges against Lapu-Lapu City Mayor Radaza, upheld by the Supreme Court.
jurisdiction
overpricing
street lighting project
A

Case Summary (G.R. No. 201380)

Factual Background and Allegations

Cebu Province was designated venue for the 12th ASEAN Summit (scheduled January 9–15, 2007), prompting beautification and related projects, including a street lighting project for Cebu, Mandaue, and Lapu‑Lapu. Complaints alleging overpricing and collusion in the street lighting procurements were filed with Ombudsman‑Visayas. The Ombudsman‑Visayas’ March 23, 2007 Final Evaluation Report found prima facie overpricing and recommended criminal and administrative actions. Radaza, who signed the Program of Works and Detailed Estimates (POWE), was among those recommended for indictment.

Charges and Informations Filed

An Information dated January 24, 2008 (approved by then Ombudsman Gutierrez) charged Radaza and others with violation of Section 3(g) of RA 3019, alleging preparation and approval of POWE and entering into a manifestly and grossly disadvantageous contract for 139 single‑arm and 60 double‑arm street light poles at grossly inflated unit prices. Bail bond was recommended. After reinvestigation, a Supplemental Resolution (May 4, 2009) reverted the charge against Radaza to Section 3(e), and the prosecution filed an Amended Information charging Section 3(e) (May 4–7, 2009). The Amended Information alleged manifest partiality/evident bad faith in causing the award of Contract ID No. 06HO0050 at an excessive total contract price (P83,935,000) and quantified alleged overpricing variances.

Early Procedural Steps and Reinvestigation

Radaza filed counter‑affidavits, a Motion for Reconsideration before Ombudsman‑Central (May 2008), manifestations to defer or recall warrant of arrest, and an Omnibus Motion for Judicial Redetermination of Probable Cause before the Sandiganbayan. The Sandiganbayan initially issued warrants and later (upon motion by the Ombudsman‑Visayas) ordered withdrawal of the January 24, 2008 Information and subsequently reconsidered to order reinvestigation. The Ombudsman‑Visayas conducted a reinvestigation and issued the Supplemental Resolution (May 4, 2009). The Sandiganbayan admitted the Amended Information on October 12, 2009. Radaza then sought clarification and reiteration of reinvestigation; the Sandiganbayan remanded for a preliminary investigation (October 22, 2010 order). The Ombudsman‑Visayas proceeded and issued a Joint Resolution (April 14, 2011) directing filing of an information under Section 3(e).

Motions to Quash; Sandiganbayan Rulings Under Review

Radaza filed a Motion to Quash the Amended Information (arguing lack of authority of the officer who filed the Amended Information because it lacked the written approval of the incumbent Ombudsman at the time of filing and that the Amended Information was procedurally defective), and other motions asserting absence of probable cause and denial of due process in the reinvestigation. The Sandiganbayan denied Radaza’s Opposition and Motion to Quash the Amended Information in its November 2, 2011 Resolution, and denied reconsideration in its February 21, 2012 Resolution. Radaza sought certiorari relief in the Supreme Court challenging those denials.

Issues Presented to the Supreme Court

Radaza principally argued: (A) the Sandiganbayan committed grave abuse of discretion by denying his Motion to Quash because the Amended Information was filed without the written approval of the incumbent Ombudsman and thus by an officer lacking authority, rendering the Information void and depriving the Sandiganbayan of jurisdiction; and (B) lack of probable cause (which he argued would have been evident had the incumbent Ombudsman reviewed and approved the Joint Resolution), which he contended is a ground to quash the Amended Information.

Governing Rules and Precedents as Applied by the Court

  • Grounds to quash are enumerated in Rule 117, Sec. 3 (Rule 113/117 labeling in decision): including (d) that the officer who filed the information had no authority to do so.
  • Rule 112, Sec. 4 requires prior written authority or approval of the Ombudsman (or provincial/city prosecutor or chief state prosecutor) before an investigating prosecutor may file or dismiss a complaint or information. The Office of the Ombudsman’s procedural rules similarly require written approval for cases within Sandiganbayan jurisdiction.
  • Interlocutory orders like denials of motions to quash are generally unreviewable by certiorari or appeal; certiorari is a remedy of last resort and only when no other plain, speedy, adequate remedy exists or in truly extraordinary circumstances (exceptions include jurisdictional excess, patent and gross abuse, or where appeal would be inadequate). The court reiterated the rule against piecemeal appeals to avoid multiple interlocutory reviews.
  • The court relied on controlling precedent (cited: Gomez v. People) holding that lack of prior written authority by the handling prosecutor is a formal, non‑jurisdictional defect; a prosecutor who files without prior written authority but without bad faith is a de facto officer whose acts are valid; such procedural infirmities are curable and do not deprive the trial court of jurisdiction over the person or the subject matter. If the unauthorized filing is malicious, the erring officer may be administratively or criminally liable, but the defect remains non‑jurisdictional and curable. The court also relied on jurisprudence that preliminary investigation is not a constitutional right but a statutory privilege; absence of a preliminary investigation does not strip a trial court of jurisdiction.

Court’s Reasoning and Application to the Case

  1. Interlocutory nature and remedies: The Court held that the denial of a motion to quash is interlocutory and ordinarily not correctable by certiorari; the proper avenue is to proceed to trial and then raise defects in the Information on appeal from a final judgment. Radaza had the remedy of trial available; thus certiorari was inappropriate. The Court noted established exceptions to allow certiorari but found none applicable to Radaza’s circumstances.
  2. Grave abuse of discretion and error of jurisdiction vs error of judgment: The Court emphasized that certiorari corrects jurisdictional errors, not mere errors of judgment. Radaza framed errors of law and fact and alleged wrongful conclusions, which are not equivalent to the “capricious or whimsical exercise of judgment” required to demonstrate grave abuse of discretion. Accordingly, his assertions did not meet the high threshold for certiorari relief.
  3. Lack of authority of the filing officer: Applying Gomez v. People, the Court found that any deficiency in prior written approval was a formal, non‑jurisdictional defect cured by the de facto officer doctrine and insufficient to nullify Sandiganbayan’s jurisdiction. The Court rejected the proposition that an Information filed by a technically unauthorized officer is jurisdictionally void.
  4. Preliminary investigation complaints: The Court reiterated that lack of preliminary investigation does not strip the Sandiganbayan of jurisdiction nor render the Information invalid; the right to a preliminary investigation is statutory and procedural.
  5. Estoppel and submission to jurisdiction: Radaza had availed himself of affirmative reliefs from the Sandiganbayan (e.g., bail, conditional arraignment and permit to travel abroad). The Court applied the principle that seeking and obtaining affirmative reliefs constitutes submission to the court’s jurisdiction and estops the party from later questioning the court’s jurisdiction over his person. The Sandiganbayan’s rules governing conditional arraignment expressly preserve the accused’s right to move to quash amended informations filed after conditional arraignment but remove the right to challenge the court’s jurisdiction over the person; Radaza had been conditionally arraigned to permit travel, and therefore could not now dispute the Sandiganbayan’s jurisdiction over his person.
  6. Elements alleged and appropriateness of trial: The Court compared the original and amended Informations and concluded both sufficiently alleged the elements of Sections 3(g) and 3(e) of RA 3019 against Radaza. Given that the core allegations against Radaza (signing POWE, participation in procurement process, and the al

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