471 Phil. 623
AUSTRIA-MARTINEZ, J.:
The undersigned Prosecutor I of Cebu City, accuses David Odilao, Jr., Enrique Samonte and Mario Yares of the crime of ESTAFA, committed as follows:A warrant of arrest against respondent was then issued by the Executive Judge. Upon motion of respondent, the Executive Judge issued an Order[3] dated September 28, 2000 directing the Office of the City Prosecutor to conduct reinvestigation of the case with a caveat that the reinvestigation will be terminated within ten days from receipt of the order and thereafter, submit appropriate recommendation to it. In the meantime the Executive Judge countermanded the service of the warrant of arrest.
That sometime during the latter part of 1997, and for sometime prior or subsequent thereto, in the City of Cebu, Philippines, and within the jurisdiction of this Honorable Court, the said accused, conniving, confederating and mutually helping with one another, having received in trust from Trans Eagle Corporation a luxury car known as “Jeep Cherokee Sport 4wd” valued at P1,199,520.00 with the agreement that they would sign the document of sale if they are interested to buy the same and with the obligation to return the said car to Trans Eagle Corporation if they are not interested, the said accused, once in possession of the said luxury car, far from complying with their obligation, with deliberate intent, with intent to gain, with unfaithfulness and grave abuse of confidence, did then and there misappropriate, misapply and convert into their own personal use and benefit the same or the amount of P1,199,520.00 which is the equivalent value thereof, and inspite of repeated demands made upon them to let them comply with their obligation to return the luxury car, they have failed and refused and instead denied to have received the luxury car known as “Jeep Cherokee Sport 4WD” and up to the present time still fail and refuse to do so, to the damage and prejudice of Trans Eagle Corporation in the amount aforestated.
CONTRARY TO LAW.
On December 11, 2002, we issued a Resolution[16] requiring respondent to file his comment on the petition. In compliance therewith respondent filed his Comment/Opposition to Petitioner’s Application for Temporary Restraining Order and/or Writ of Preliminary Injunction,[17] which we duly noted. Respondent alleges:I
THE COURT OF APPEALS COMMITTED REVERSIBLE ERROR IN NOT FINDING THAT THE TRIAL COURT WAS JUSTIFIED IN RESOLVING THE MOTION TO DISMISS FILED BY THE OFFICE OF THE CITY PROSECUTOR DESPITE THE PENDENCY OF A PETITION FOR REVIEW BEFORE THE DEPARTMENT OF JUSTICE.II
THE COURT OF APPEALS COMMITTED REVERSIBLE ERROR IN NOT FINDING THAT THE TRIAL COURT WAS JUSTIFIED IN DIRECTING THE IMPLEMENTATION OF THE WARRANT OF ARREST AFTER FINDING PROBABLE CAUSE.III
THE COURT OF APPEALS COMMITTED REVERSIBLE ERROR IN GRANTING THE INJUNCTION SOUGHT BY THE RESPONDENT WHICH ENJOINED THE TRIAL COURT FROM IMPLEMENTING THE WARRANT OF ARREST AND FROM FURTHER CONDUCTING PROCEEDINGS IN THE CASE UNTIL THE PETITION FOR REVIEW OF THE REINVESTIGATION REPORT OF THE CITY PROSECUTOR IS RESOLVED BY THE DEPARTMENT OF JUSTICE.
Unknown to us, however, while herein petition was pending our resolution, private complainant Bugash filed a motion for reconsideration before the Court of Appeals, seeking reversal of its Decision dated September 27, 2002. The Court of Appeals granted private complainant’s motion for reconsideration per its Resolution dated June 12, 2003, thereby reversing its own Decision dated September 27, 2002. In said Resolution, the Court of Appeals ruled that the trial court’s Orders dated May 21, 2002 and June 13, 2002, denying the prosecution’s motion to dismiss together with the implementation of the warrant of arrest against herein respondent is valid, pursuant to Section 11, Rule 116 of the Revised Rules of Criminal Procedure which provides that the suspension of arraignment shall not be more than sixty days from the filing of the petition for review of the resolution of the prosecutor.
- The Petition for Review on Certiorari filed by the Office of the Solicitor General, and wherein the Application for Temporary Restraining Order and/or Writ of Preliminary Injunction is incorporated, is fatally defective, hence both Petition and Application should be dismissed and denied, respectively; and
- Petitioner-applicant failed to adequately and sufficiently show that it is entitled to the issuance of the temporary restraining order and/or writ of preliminary injunction, while on the other hand, it is undeniable that the issuance of the temporary restraining order and/or writ of preliminary injunction would undeniably cause irreparable damage to the person and rights of herein respondent.
SEC. 6. When warrant of arrest may issue. – (a) By the Regional Trial Court. – Within ten (10) days from the filing of the complaint or information, the judge shall personally evaluate the resolution of the prosecutor and its supporting evidence. He may immediately dismiss the case if the evidence on record clearly fails to establish probable cause. If he finds probable cause, he shall issue a warrant of arrest, or a commitment order if the accused has already been arrested pursuant to a warrant issued by the judge who conducted the preliminary investigation or when the complaint or information was filed pursuant to section 7 of this Rule. In case of doubt on the existence of probable cause, the judge may order the prosecutor to present additional evidence within five (5) days from notice and the issue must be resolved by the court within thirty (30) days from the filing of the complaint or information.Pursuant to the aforequoted rule, the judge of the trial court is mandated to personally evaluate the resolution of the prosecutor and its supporting evidence to determine whether probable cause exists and pursuant to its own findings, either dismiss the case immediately if no probable cause exists, or to issue the warrant of arrest in the absence of probable cause.. . .
The preliminary investigation conducted by the fiscal for the purpose of determining whether a prima facie case exists warranting the prosecution of the accused is terminated upon the filing of the information in the proper court. In turn, as above stated, the filing of said information sets in motion the criminal action against the accused in Court. Should the fiscal find it proper to conduct a reinvestigation of the case, at such stage, the permission of the Court must be secured. After such reinvestigation the finding and recommendations of the fiscal should be submitted to the Court for appropriate action. While it is true that the fiscal has the quasi judicial discretion to determine whether or not a criminal case should be filed in court or not, once the case had already been brought to Court whatever disposition the fiscal may feel should be proper in the case thereafter should be addressed for the consideration of the Court. The only qualification is that the action of the Court must not impair the substantial rights of the accused or the right of the People to due process of law.Thus, in Perez vs. Hagonoy Rural Bank, Inc.,[24] the Court held that the trial court judge’s “reliance on the prosecutor’s averment that the Secretary of Justice had recommended the dismissal of the case against the petitioner was, to say the least, an abdication of the trial court’s duty and jurisdiction to determine a prima facie case, in blatant violation of this Court’s pronouncement in Crespo vs. Mogul . . .” This was reiterated in Solar Team Entertainment, Inc. vs. Hon. Rolando How,[25] where the Court held thus:
Whether the accused had been arraigned or not and whether it was due to a reinvestigation by the fiscal or a review by the Secretary of Justice whereby a motion to dismiss was submitted to the Court, the Court in the exercise of its discretion may grant the motion or deny it and require that the trial on the merits proceed for the proper determination of the case.
However, one may ask, if the trial court refuses to grant the motion to dismiss filed by the fiscal upon the directive of the Secretary of Justice will there not be a vacuum in the prosecution? . . .
The answer is simple. The role of the fiscal or prosecutor as We all know is to see that justice is done and not necessarily to secure the conviction of the person accused before the Courts. Thus, in spite of his opinion to the contrary, it is the duty of the fiscal to proceed with the presentation of evidence of the prosecution to the Court to enable the Court to arrive at its own independent judgment as to whether the accused should be convicted or acquitted. . . .
The rule therefore in this jurisdiction is that once a complaint or information is filed in Court any disposition of the case as its dismissal or the conviction or acquittal of the accused rests in the sound discretion of the Court. Although the fiscal retains the direction and control of the prosecution of criminal cases even while the case is already in Court he cannot impose his opinion on the trial court. The Court is the best and sole judge on what to do with the case before it. The determination of the case is within its exclusive jurisdiction and competence. A motion to dismiss the case filed by the fiscal should be addressed to the Court who has the option to grant or deny the same. It does not matter if this is done before or after the arraignment of the accused or that the motion was filed after a reinvestigation or upon instructions of the Secretary of Justice who reviewed the records of the investigation.
It bears stressing that the court is however not bound to adopt the resolution of the Secretary of Justice since the court is mandated to independently evaluate or assess the merits of the case, and may either agree or disagree with the recommendation of the Secretary of Justice. Reliance alone on the resolution of the Secretary of Justice would be an abdication of the trial court’s duty and jurisdiction to determine prima facie case.Evidently, when the trial court issued the Orders dated May 21, 2002 and June 13, 2002, respectively, the trial court judge was merely performing his mandated duty to personally determine the existence of probable cause and thus arrive at a resolution of the motion to dismiss. Having found probable cause, the trial court acted well within its authority in denying said motion to dismiss and, since in the present case, a warrant of arrest had already been issued and only the service thereof had been countermanded, the trial court judge was also correct in ordering the implementation of the previously issued warrant of arrest.
SEC. 15. Effect of Filing an Appeal in the Supreme Court. - No motion for reconsideration or rehearing shall be acted upon if the movant has previously filed in the Supreme Court a petition for review on certiorari or a motion for extension of time to file such petition. If such petition or motion is subsequently filed, the motion for reconsideration pending in this Court shall be deemed abandoned.We are, therefore, quite perplexed why the Court of Appeals did not act in accord with the aforequoted Rule and instead resolved the motion for reconsideration of its Decision dated September 27, 2002, filed by private complainant, despite service on it of a copy of the Motion For Extension To File Petition For Review dated October 15, 2002, filed by the OSG.