This case has been cited 4 times or more.
|
2010-02-01 |
DEL CASTILLO, J. |
||||
| On March 5, 2007, the Court noted[35] petitioner's Manifestation and Motion for Partial Withdrawal of the Petition[36] dated February 7, 2007. In the said motion, petitioner informed the Court of the promulgation of a Decision entitled Soriano v. Hon. Casanova,[37] which also involved petitioner and similar BSP letters to the DOJ. According to petitioner, the said Decision allegedly ruled squarely on the nature of the BSP letters and the validity of the sworn affidavits attached thereto. For this reason, petitioner moved for the partial withdrawal of the instant petition insofar as it involved the issue of "whether or not a court can legally acquire jurisdiction over a complaint which failed to comply with the mandatory requirements provided under Section 3(a), Rule 112 of the Rules of Court and Section 18, paragraphs (c) and (d) of RA 7653".[38] | |||||
|
2008-01-29 |
CARPIO MORALES, J. |
||||
| The Court is not unaware of the practice of incorporating all allegations in one document denominated as "complaint-affidavit." It does not pronounce strict adherence to only one approach, however, for there are cases where the extent of one's personal knowledge may not cover the entire gamut of details material to the alleged offense. The private offended party or relative of the deceased may not even have witnessed the fatality,[35] in which case the peace officer or law enforcer has to rely chiefly on affidavits of witnesses. The Rules do not in fact preclude the attachment of a referral or transmittal letter similar to that of the NBI-NCR. Thus, in Soriano v. Casanova,[36] the Court held:A close scrutiny of the letters transmitted by the BSP and PDIC to the DOJ shows that these were not intended to be the complaint envisioned under the Rules. It may be clearly inferred from the tenor of the letters that the officers merely intended to transmit the affidavits of the bank employees to the DOJ. Nowhere in the transmittal letters is there any averment on the part of the BSP and PDIC officers of personal knowledge of the events and transactions constitutive of the criminal violations alleged to have been made by the accused. In fact, the letters clearly stated that what the OSI of the BSP and the LIS of the PDIC did was to respectfully transmit to the DOJ for preliminary investigation the affidavits and personal knowledge of the acts of the petitioner. These affidavits were subscribed under oath by the witnesses who executed them before a notary public. Since the affidavits, not the letters transmitting them, were intended to initiate the preliminary investigation, we hold that Section 3(a), Rule 112 of the Rules of Court was substantially complied with. | |||||
|
2007-07-17 |
CHICO-NAZARIO, J. |
||||
| Moreover, when the petitioner brought forth the denial of the Motion to Amend the Information to exclude his name from the charge, and to seek the quashal of the Information before the Court of Appeals on certiorari, he was in error in his choice of remedy. This Court emphasizes the established rule that the writ of certiorari will not lie against the denial of a motion to quash an information. The remedy is for petitioner to go to trial on the merits, and if an adverse decision is rendered, to appeal therefrom in a manner authorized by law.[60] We have, however, sanctioned a writ of certiorari on the basis of a patent, capricious and whimsical exercise of discretion by a trial judge or when an appeal will not promptly relieve petitioner from the injurious effects of the disputed orders.[61] No such special circumstances are herein present that would convince us to treat the instant case as an exception. Thus:The special civil action of certiorari or prohibition is not the proper remedy against interlocutory orders such as those assailed in these proceedings; i.e., an order denying a motion to quash the information, and one declaring the accused to have waived his right to present evidence and considering the case submitted for decision. As pointed out by the Office of the Solicitor General (citing Nierras v. Dacuycuy, 181 SCRA 1 [1990], and Acharon v. Purisima, et al., 13 SCRA 309; People v. Madaluyo, 1 SCRA 990), the established rule is that when such an adverse interlocutory order is rendered, the remedy is not to resort forthwith to certiorari or prohibition, but to continue with the case in due course and, when an unfavorable verdict is handed down to take an appeal in the manner authorized by law. It is only where there are special circumstances clearly demonstrating the inadequacy of an appeal that the special civil action of certiorari or prohibition may exceptionally be allowed. The Court has been cited to no such special circumstances in the cases at bar.[62] | |||||
|
2007-06-29 |
CARPIO MORALES, J. |
||||
| Finally, as a general rule, the remedy of an accused from the denial of his motion to quash is for him to go to trial on the merits, and if an adverse decision is rendered, to appeal therefrom in the manner authorized by law.[42] Although the special civil action for certiorari may be availed of in case there is a grave abuse of discretion,[43] the appellate court correctly dismissed the petition as that vitiating error is not attendant in the present case. | |||||