Title
Ti vs. Dino
Case
G.R. No. 219260
Decision Date
Nov 6, 2017
A criminal case for falsification was revived without the public prosecutor’s concurrence, leading to procedural disputes over notice rules and appeal deadlines.
notice of appeal
filed out of time
order disapproving appeal

Case Summary (G.R. No. 219260)

Factual Background

The Office of the City Prosecutor issued a resolution on February 19, 2008 recommending filing of an information for falsification of public documents against Bernice Joan Ti and Julieta Fernandez. The accused filed a motion for reconsideration and the Metropolitan Trial Court (MeTC) allowed reinvestigation, after which the City Prosecutor’s first resolution was reversed and an order withdrawing the information issued on June 24, 2008. A private prosecutor acting for Manuel S. Dino filed a motion for reconsideration before the MeTC, the MeTC granted the motion on November 14, 2008, and found probable cause to indict petitioner and Fernandez.

Petition for Prohibition and RTC Adjudication

Petitioner and Fernandez filed a petition for certiorari and prohibition with prayer for temporary restraining order and preliminary injunction in the RTC, docketed as SP. Civil Action No. Q-09-65933, to enjoin the MeTC from proceeding on the reinstated criminal case, alleging grave abuse of discretion and lack or excess of jurisdiction in the MeTC’s grant of the private prosecutor’s motion without concurrence of the public prosecutor. On March 8, 2010, the RTC held that the MeTC committed grave abuse of discretion and enjoined the MeTC from proceeding.

Post-judgment Motions and Defect Finding

Respondent filed a Motion for Reconsideration dated April 5, 2010, asserting that a private prosecutor may file a motion for reconsideration without the public prosecutor’s concurrence. Petitioner moved to expunge that motion on the ground of noncompliance with the three-day notice rule and lack of MCLE compliance of respondent’s counsel. The RTC held on December 28, 2010 that respondent’s motion for reconsideration was fatally defective for failure to ensure receipt of the notice of hearing at least three days before the hearing; the RTC treated the motion as a mere scrap of paper and granted the motion to expunge, thereby rendering the March 8, 2010 decision final after lapse of the fifteen-day appeal period.

Appeal Attempt and RTC Order of May 20, 2011

Respondent received the RTC’s December 28, 2010 resolution on February 11, 2011 and filed a Notice of Appeal on February 24, 2011. Petitioner opposed the appeal and the motion to transmit records. On May 20, 2011 the RTC disapproved respondent’s Notice of Appeal for untimeliness because the court considered the decision final as of May 5, 2010 when the defective motion had failed to toll the appeal period.

Court of Appeals Proceedings and Ruling

Respondent filed a petition for certiorari under Rule 65 with the Court of Appeals, challenging the RTC’s May 20, 2011 Order and contending that the Notice of Appeal had been timely filed. On January 10, 2014, the CA granted the petition, reversed and set aside the RTC’s Order, and ordered the RTC to transmit the records; the CA reasoned that the motion for reconsideration had been served by registered mail on the date of filing and that the RTC should have inquired whether the motion had actually been served and reset the hearing rather than treat the motion as defective and final. The CA denied petitioner’s motion for reconsideration in a resolution dated June 30, 2015.

Parties’ Contentions Before the Supreme Court

Petitioner urged that respondent’s filing of a petition for certiorari in the CA was premature because respondent should have first sought reconsideration of the RTC’s denial of the Notice of Appeal and motion to transmit records. Petitioner reiterated that respondent violated the three-day notice rule in Section 4, Rule 15 by serving the motion for reconsideration by registered mail and that personal service was practicable given the proximity of counsels’ offices. Respondent maintained that the CA correctly granted relief and that the RTC erred in denying the transmittal of records despite the timely filing of the Notice of Appeal.

Issue Presented

The principal issue was whether the Rules of Court required a liberal construction to excuse respondent’s failure to comply with the three-day notice requirement and to sustain the CA’s reversal of the RTC’s disapproval of the Notice of Appeal.

Supreme Court’s Analysis of the Three-day Notice Rule

The Supreme Court examined Section 4, Rule 15 and Section 5, Rule 15, which mandate that every written motion required to be heard must be served so as to ensure receipt by the other party at least three days before the hearing and that the notice of hearing must be within ten days after filing. The Court reiterated that these requirements are mandatory and that failure to comply renders the motion fatally defective, equivalent to a mere scrap of paper not entitled to judicial cognizance. The RTC had found that the motion for reconsideration was set for hearing on April 16, 2010 but that petitioner’s counsel received the notice only on April 19, 2010, three days after the hearing. The Supreme Court found that the respondent failed to ensure timely receipt and that sending the notice by registered mail did not assure compliance.

Personal Service Rule and Precedents

The Court invoked Section 11, Rule 13, which prioritizes personal service whenever practicable and requires a written explanation when other modes are used. The Court cited Solar Team Entertainment, Inc. v. Judge Ricafort to emphasize that personal service is preferred, and that resort to other modes must be justified. The proximity of the counsels’ offices in the National Capital Region made personal service practicable; respondent offered no satisfactory explanation for using registered mail. The Court observed that the liberal application of rules requires an explanation from the party invoking liberality and that procedural rules are to be followed to ensure orderly and speedy administration of justice.

Rejection of Court of Appeals’ Equitable Excuse

The Supreme Court reviewed the CA’s reasoning that the RTC should have inquired into whether the motion had been served and should have reset the hearing instead of dismissing the motion on a techni

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