Case Summary (G.R. No. 153284)
Factual Background
This matter arises from Criminal Case No. RTC 2001-0582 against Muriel C. Apolinar for violations of the Social Security Act of 1997 (RA 8282). The charges stem from her alleged failure to remit premiums for social security and employees’ compensation for her workers from January 1997 to December 1998, along with a failure to pay the associated penalties. The Information, filed by state prosecutor Tolentino, outlined that Apolinar, as a registered trimobile operator based in Naga City, unlawfully refused to remit contributions, which amounted to a combined total of two thousand two hundred fifty-six pesos (₱2,256.00) for premiums and two thousand forty-eight pesos and twenty-six centavos (₱2,048.26) for penalties.
Procedural History
Prior to her arraignment, Apolinar filed a motion to quash the Information, arguing that state prosecutor Tolentino lacked the proper authority to file such charges. In response, Tolentino asserted his designation as a special prosecutor for SSS cases in Region V, which he claimed provided him the requisite authority. However, on March 13, 2002, Judge Garfin dismissed the case for lack of jurisdiction, a decision Tolentino sought to reconsider but which was denied by another order dated April 12, 2002.
Issue of Authority
The critical issue in this petition is whether state prosecutor Tolentino had the authority to file the Information concerning the violations of RA 8282, given the absence of a written directive or approval from the provincial or city prosecutor. This issue parallels an earlier case, People v. Garfin, wherein the same prosecutor faced a similar challenge. In that instance, the court held that in the absence of such directive or written approval, the information filed was devoid of jurisdictional authority, resulting in the dismissal of the case.
Court Findings and Conclusion
The court found that in the present case, state prosecutor Tolentino similarly lacked the authority necessary to file the Informatio
...continue readingCase Syllabus (G.R. No. 153284)
Case Background
- The case involves a petition for certiorari and mandamus filed by Regional State Prosecutor Santiago M. Turingan, representing the People of the Philippines, against Hon. Zeida Aurora B. Garfin, the Presiding Judge of the Regional Trial Court of Naga City, and Muriel C. Apolinar.
- The petition seeks to nullify the orders dated March 13, 2002, and April 12, 2002, issued by Judge Garfin, which granted Apolinar's motion to quash the Information filed against her and denied the motion for reconsideration by Prosecutor Romulo SJ. Tolentino.
- The Information charged Apolinar with violations of the Social Security Act of 1997 (RA 8282) for failing to remit social security and employees' compensation premiums from January 1997 to December 1998.
Legal Framework
- The charges against Apolinar were based on Section 22(a) in relation to Sections 19(b) and 28(e) of RA 8282, which mandates the remittance of social security premiums.
- The Information included a certification signed by State Prosecutor Tolentino, confirming that a proper investigation had been conducted, and asserting that there were reasonable grounds to believe the offense had been committed.