Professional Documents
Culture Documents
Respondent. G.R. No. 167711, October 10, 2008 comparison the original of the TOR and Certificate of Grades (COG),
as well as the original copies of the other documents in his 201
Facts: file. A subpoena duces tecum was subsequently served upon Prof.
Respondent Galicia was a former public school Marilyn T. De Jesus, Registrar of CCPC, for the purpose of certifying
teacher. Based on the academic records which were part of his 201 the authenticity of Galicias school records. De Jesus declined to
file, he graduated from FEU with a degree in civil engineering but certify the documents because no copies were on file in the school.
failed to pass the board examinations and has earned 18 units in Subsequently, the Ombudsman found Galicia guilty of
education, evidenced by a copy of a Transcript of Records from the Dishonesty for which the penalty of Dismissal From the Service,
Caloocan City Polytechnic College. Likewise, he passed the Teachers Forfeiture of Leave Credits and Retirement Benefits and Temporary
Professional Board Examination (TPBE) given on November 22, Disqualification for Re-employment in the Government Service for a
1987. period of One (1) Year was imposed.
On December 2001, Reynaldo V. Yamsuan, then Principal of Galicia filed a motion for reconsideration and raised the issue
the MBASHS, reviewed the 201 files of his teaching staff and noticed of jurisdiction for the first time. He argued that it is not the
that Galicias TOR was not an original copy and required Galicia and Ombudsman, but the Department of Education, through the School
other teachers with similar records, to secure authenticated copies of Superintendent, which has jurisdiction over administrative cases
their TOR. All of the teachers complied except Galicia. Yamsuan against public school teachers, as mandated by RA 4670, (Magna
verified with the school the authenticity of Galicias TOR and was Carta for Public School Teachers).
informed that the said school had no record of the said TOR, and more
importantly, that they had no records that Galicia took up 18 units of Galicia further challenged the jurisdiction of the Ombudsman
education in SY 1985-1986. by invoking Section 20 of R.A. No. 6770 or the Ombudsman Act which
enumerates the instances when the Ombudsman may not conduct an
Acting on his findings, Yamsuan lodged an affidavit-complaint administrative investigation:
for falsification, dishonesty, and grave misconduct against Galicia
before the Ombudsman. 1. Complainant has an adequate remedy in
another judicial or quasi-judicial body;
In his Counter-Affidavit, Galicia stated that the complaint was 2. The complaint pertains to a matter outside the
malicious and motivated by revenge. Galicia stressed that the TOR he jurisdiction of the Ombudsman;
submitted was authentic, as shown by the signature of then College 3. The complaint is trivial, frivolous, vexatious or
Registrar Rolando Labrador. He argued that the made in bad faith;
certification from the present college registrar that CCPC had no 4. Complainant has no sufficient personal
record of his TOR did not prove that the document was interest in the subject matter of the grievance; or
spurious. Rather, it only proved that CCPCs filing system of scholastic 5. The complaint was filed after one year from the
records was disorganized. Moreover, Galicia argued that the TPBE occurrence of the act or omission complained of.
was a highly specialized type of exam that could only be passed if the
examinee acquired academic units in education. If he did not take up According to Galicia, all of the above conditions were present
the said 18 units in education, then he could not have possibly passed in the case filed against him. An adequate remedy existed in the Office
the TPBE. of the Secretary of Education; the matter was outside the jurisdiction
of the Ombudsman; the complaint was made in bad faith; and
complainant Yamsuan had no sufficient personal interest in the appears to be illegal, unjust, improper or inefficient. It has primary
matter. jurisdiction over cases cognizable by the Sandiganbayan and, in the
exercise of this primary jurisdiction, it may take over, at any stage,
Lastly, Galicia claimed that the Ombudsman lacked from any investigatory agency of Government, the investigation of
jurisdiction since the complaint was filed only in 2002, thirteen (13) such cases. While Section 19 of the Act enumerates the types of acts
years from the time he allegedly committed the dishonest act in covered by the authority granted to the Ombudsman. In the exercise
1989. According to him, this violated Section 20(5) of R.A. No. 6770, of its duties, the Ombudsman is given full administrative disciplinary
which mandated that all complaints must be filed within one year from authority. His power is not limited merely to receiving, processing
the occurrence of the act charged. complaints, or recommending penalties. He is to conduct
The Ombudsman denied Galicias motion for investigations, hold hearings, summon witnesses and require
reconsideration. It declared that the Ombudsmans disciplining production of evidence and place respondents under preventive
authority extended the School Superintendent over administrative suspension. This includes the power to impose the penalty of removal,
cases against public school teachers. Galicia elevated the case to the suspension, demotion, fine, or censure of a public officer or employee.
CA. A review of the Ombudsman Act and the Magna Carta for
On January 20, 2005, the CA reversed and set aside the Public School Teachers reveals an apparent overlapping of
decision of the Ombudsman holding that jurisdiction over public school jurisdiction over administrative cases against public school teachers.
teachers belonged to the School Superintendent as mandated by R.A. Section 9 of the Magna Carta for Public School Teachers
No. 4670. grants jurisdiction over erring public school teachers to an
Issue: Investigating Committee headed by the Division School
Superintendent which reads: SEC. 9. Administrative
WON the CA erred in nullifying the decision of the Charges. Administrative charges against a teacher shall be heard
Office of the Ombudsman on alleged jurisdictional infirmity? initially by a committee composed of the corresponding School
Superintendent of the Division or a duly authorized
Ruling: representative x x x.
Section 12 of Article XI of the 1987 Constitution states that the Galicia argues that jurisdiction exclusively belongs to the
Ombudsman and his Deputies shall act promptly on complaints filed investigating committee on the main thesis that the Magna Carta for
in any form or manner against public officials or employees of the Public School Teachers is a special law which should take precedence
Government, or any subdivision, agency or instrumentality thereof, over the Ombudsman Act, a general law. The Ombudsman maintains
including government-owned or controlled corporations, xxx. Under that jurisdiction among the two bodies is concurrent since there is no
Section 13, Article XI, the Ombudsman is empowered to conduct express repeal in either of the laws that would oust the Ombudsman
investigations on its own or upon complaint by any person when such from its authority over public school teachers.
act appears to be illegal, unjust, improper, or inefficient. He is also
given broad powers to take the appropriate disciplinary actions against By virtue of the Magna Carta for Public School Teachers,
erring public officials and employees. original jurisdiction belongs to the school superintendent. The
intention of the law, which is to impose a separate standard and
And Section 15 of the Ombudsman Act grants the procedural requirement for administrative cases involving public
ombudsman the power to Investigate and prosecute on its own or school teachers, must be given consideration. Hence, the
on complaint by any person, any act or omission of any public Ombudsman must yield to this committee of the Division School
officer or employee, office or agency, when such act or omission
Superintendent. Even in the earlier case of Alcala v. Villar, the Court pleadings that he submitted. It was only when a decision adverse to
held that: him was rendered did he question the jurisdiction of the Ombudsman.
Republic Act No. 6770, the Ombudsman Act Under the principles of estoppel and laches, We rule that it is
of 1989, provides that the Ombudsman shall have now too late for Galicia to assail the administrative investigation
disciplinary authority over all elective and appointive conducted and the decision rendered against him.
officials of the Government and its subdivisions,
instrumentalities and agencies, including members of (Short Version)
the Cabinet, local government, government-owned or Morales v CA and Binay
controlled corporations and their subsidiaries except
over officials who may be removed by impeachment Facts:
or over Members of Congress, and the
Judiciary. However, in Fabella v. Court of Appeals, it Binay, Jr. was charged with administrative and criminal cases
was held that R.A. No. 4670, the Magna Carta for in connection with the allegation that he is involved in
Public School Teachers, specifically covers and anomalous activities attending the procurement and
governs administrative proceedings involving construction phases of the Makati Parking Building project,
public school teachers. x x x (Emphasis supplied) committed during his previous and present terms as City
Mayor of Makati.
Be that as it may, We hold here that the Ombudsmans Binay, Jr. argued that he could not be held administratively
exercise of jurisdiction was proper. liable since Phases I and II were undertaken before he was
elected Mayor of Makati and Phases III to V transpired during
The CA was in error in relying on Alcala, without taking into
his first term. His re-election as mayor for a second term
consideration the cases full import. In Alcala, the Court, while
effectively condoned his administrative liability therefor, if any,
recognizing the jurisdiction of the School Superintendent, nonetheless
thus rendering the administrative cases against him moot and
upheld the decision of the Ombudsman on the rationale that the
academic.
parties were afforded their right to due process during the investigation
proceedings. Respondent in the Alcala case was given sufficient The Ombudsman issued an order placing Binay, et al. under
preventive suspension.
opportunity to be heard and submit his defenses to the charges made
against him. Thus, he is estopped from questioning the jurisdiction of The CA granted Binays prayer for TRO enjoining the
the Ombudsman after an adverse decision was promulgated. implementation of the preventive suspension order.
According to the CA, it was more prudent on its part to issue
In the same manner, the recent Estandarte case recognized a TRO considering that if it were established that the acts
similar circumstances cited in Emin v. De Leon. In De Leon, it was subject of the administrative cases against Binay, Jr. were all
found that the parties were afforded their right to due process when committed during his prior term, then, applying the
both fully participated in the proceedings before the Civil Service condonation doctrine, Binay, Jr.'s re-election meant that he
Commission (CSC). The Court ruled that while jurisdiction lies with the can no longer be administratively charged.
School Superintendent, respondent is estopped from attacking the Under the Condonation Doctrine, which applies only to
proceedings before the CSC. administrative cases,
(1) the penalty of removal may not be extended beyond the
In the present case, records show that Galicia was given the term in which the public officer was elected for each term is
right to due process in the investigation of the charges against him. He separate and distinct;
participated in the proceedings by making known his defenses in the
(2) an elective official's re-election serves as a In reality, most corrupt acts by public officers are shrouded in
condonation of previous misconduct, thereby cutting secrecy, and concealed from the public. Condonation
the right to remove him therefor; and presupposes that the condoner has actual knowledge of what
(3) courts may not deprive the electorate, who are assumed is to be condoned. Thus, there could be no condonation of an
to have known the life and character of candidates, of their act that is unknown.
right to elect officers. However, the Court's abandonment of the condonation
doctrine should be prospective in application. It should
Issue: Whether or not Whether or not the CA gravely abused its be, as a general rule, recognized as "good law" prior to its
discretion in issuing the TRO and the WPI enjoining the abandonment. Consequently, the people's reliance thereupon
implementation of the preventive suspension order against Binay, Jr. should be respected.
based on the condonation doctrine
(longer version)
Ruling:
Morales v CA and Binay
No. The CA's resolutions were all hinged on cases
enunciating the condonation doctrine. By merely following Facts:
settled precedents on the condonation doctrine, which at that
time, unwittingly remained "good law," it cannot be concluded A complaint was filed against Binay and other public officers
that the CA committed a grave abuse of discretion based on of the City Government of Makati charging them with
its legal attribution. administrative cases for Grave Misconduct, Serious
However, the condonation doctrine should be Dishonesty, and Conduct Prejudicial to the Best Interest of the
abandoned. There is no constitutional or statutory basis Service, and criminal cases for violation of RA 3019,
to support it. Malversation of Public Funds, and Falsification of Public
The continued application of the condonation doctrine is Documents. Binay, Jr. was alleged to be involved in
simply inconsistent and impermissible under the anomalous activities attending the procurement and
auspices of the present Constitution which explicitly construction phases of the Makati Parking Building project,
mandates that public office is a public trust and that committed during his previous and present terms as City
public officials shall be accountable to the people at all Mayor of Makati.
times. The Ombudsman issued a preventive suspension order,
Election is not a mode of condoning an administrative placing Binay Jr., et al., under preventive suspension for not
offense. more than six (6) months without pay, during the pendency of
In fact the LGC and the RRACCS precludes condonation the OMB Cases.
since in the first place, an elective local official who is meted Binay, Jr. filed a petition for certiorari before the CA seeking
with the penalty of removal could not be re-elected to an the nullification of the preventive suspension order.
elective local position due to a direct disqualification from The CA granted Binay, Jr.'s prayer for a TRO, notwithstanding
running for such post. Pea, Jr.'s assumption of duties as Acting Mayor. Citing
There is no presumption in any statute or procedural rule Governor Garcia, Jr. v. CA, it found that it was more prudent
that the electorate, when re-electing a local official, do so with on its part to issue a TRO in view of the extreme urgency of
knowledge of his life and character, and that they disregarded the matter and seriousness of the issues raised, considering
or forgave his faults or misconduct, if he had been guilty of that if it were established that the acts subject of the
any. administrative cases against Binay, Jr. were all committed
during his prior term, then, applying the condonation doctrine, 1. The CA's resolutions directing the issuance of the assailed
Binay, Jr.'s re-election meant that he can no longer be injunctive writs were all hinged on cases enunciating the
administratively charged. condonation doctrine. By merely following settled precedents
on the condonation doctrine, which at that time, unwittingly
Binays contention: remained "good law," it cannot be concluded that the CA
committed a grave abuse of discretion based on its legal
Phases I and II were undertaken before he was elected Mayor attribution above.
of Makati in 2010; and
(b) Phases III to V transpired during his first term and that his B. The Condonation Doctrine
re-election as City Mayor of Makati for a second term
effectively condoned his administrative liability therefor, if any, 1. Condonation is defined as "a victim's express or implied
thus rendering the administrative cases against him moot and forgiveness of an offense, especially by treating the offender
academic. as if there had been no offense."
In view of the condonation doctrine, as well as the lack of 2. Under the Condonation Doctrine,
evidence to sustain the charges against him, his suspension a. First, the penalty of removal may not be extended
from office would undeservedly deprive the electorate of the beyond the term in which the public officer was elected
services of the person they have conscientiously chosen and for each term is separate and distinct.
voted into office. b. Second, an elective official's re-election serves as a
condonation of previous misconduct, thereby cutting
The Ombudmans contentions: the right to remove him therefor.
c. Third, courts may not deprive the electorate, who are
The condonation doctrine is irrelevant to the determination of assumed to have known the life and character of
whether the evidence of guilt is strong for purposes of issuing candidates, of their right to elect officers.
preventive suspension orders.
Reliance on the condonation doctrine is a matter of defense, 3. It is not based on statutory law but a jurisprudential creation.
which should have been raised by before it during the a. It originated from the 1959 case of Pascual v. Hon.
administrative proceedings. Provincial Board of Nueva Ecija. In which case, as
There is no condonation because Binay, Jr. committed acts there was no legal precedent on the issue at that time,
subject of the OMB Complaint after his re-election in 2013. the Court, resorted to American authorities and found
that the weight of authorities seems to incline toward
Issue: Whether or not the CA gravely abused its discretion in issuing the rule denying the right to remove one from office
the TRO and the WPI enjoining the implementation of the preventive because of misconduct during a prior term.
suspension order against Binay, Jr. based on the condonation
doctrine. 4. The condonation doctrine does not apply to a criminal case.
Also, it would not apply to appointive officials since, as to
Ruling: No. However, the condonation doctrine is abandoned,
them, there is no sovereign will to disenfranchise.
but the abandonment is prospective in effect.
A. The WPI against the Ombudsman's preventive suspension order C. The doctrine of condonation is actually bereft of legal bases.
was correctly issued. 1. There is really no established weight of authority in the US
favoring the doctrine of condonation.
conceptual level, condonation presupposes that the
2. The plain difference in setting, including the sheer impact of condoner has actual knowledge of what is to be
the condonation doctrine on public accountability, calls for condoned. Thus, there could be no condonation of an
Pascual's judicious re-examination. act that is unknown.
a. Pascual was decided within the context of the 1935
Constitution which was silent with respect to public 8. Liability arising from administrative offenses may only be
accountability, or of the nature of public office being a condoned by the President in light of Section 19, Article VII of
public trust. the 1987 Constitution.
3. The concept of public office, under the 1987 Constitution, D. The Court's abandonment of the condonation doctrine should
AS A PUBLIC TRUST and the corollary requirement of be prospective in application. It should be, as a general rule,
ACCOUNTABILITY TO THE PEOPLE AT ALL TIMES is recognized as "good law" prior to its abandonment. Consequently, the
PLAINLY INCONSISTENT with the idea that an elective people's reliance thereupon should be respected.
local official's administrative liability for a misconduct
committed during a prior term can be wiped off by the fact
that he was elected to a second term of office, or even Digested by:ROLOMA, Angelie Rose F.Rm. 405
another elective post.
Thus, the Law Department of the COMELEC moved UPON THE VIEW WE TAKE OF
(1) that the RTC hold in abeyance further proceedings THIS CASE, THUS, the petition at
in Criminal Cases No. 04-1104 and No. 04-1105 until bench must be, as it hereby
the COMELEC has acted on respondents appeal; is, GRANTED. The impugned
and (2) to revoke the authority of the city prosecutor Orders of the public respondent
of Paraaque to prosecute the case, designating Judge Fortunito L. Madrona of
therein the lawyers from the Law Department of the Branch
COMELEC to prosecute Criminal Cases No. 04-1104 274, Regional Trial Court of Paraaq
and No. 04-1105. ue City dated 12 January 2005, 9
March 2005, and 31 March 2005 are
hereby VACATED and NULLIFIED.
On 8 April 2005, respondent filed a Special Civil The Temporary Restraining Order
Action for Certiorari before the Court of Appeals issued in the instant petition is
docketed as CA-G.R. SP No. 89230, assailing the made PERMANENT. Without costs
Orders, dated 12 January 2005, 9 March in this instance.[4]
2005 and 31 March 2005 of the RTC. The appellate
court granted the appeal in a Decision dated 28
September 2005 declaring that the COMELEC had
the authority to conduct the preliminary investigation
of election offenses and to prosecute the same. As
In finding that the public prosecutor of Paraaque, in filing the Amended
such, the COMELEC may delegate such authority to
the Chief State Prosecutor, provincial prosecutors, Informations, did not exceed the authority delegated by the
and city prosecutors.The COMELEC, however, has
Commission on Elections (COMELEC), we said that the public
the corresponding power, too, to revoke such
authority to delegate. Thus, the categorical order of prosecutors delegated authority to prosecute the case was not yet
the COMELEC to suspend the prosecution of the revoked when said amended informations were filed on 28 October
case before the RTC effectively deprived the city
prosecutor of the authority to amend the two 2004, since the authority was revoked only on 4 April 2005 when
informations. The appellate court also pronounced COMELEC Resolution No. 7457 was issued. We explained that the
that Judge Madrona erred in admitting the amended
informations, since they were made in excess of the letter from the COMELEC Law Department dated 11 October 2004,
which directed the public prosecutor to transmit the entire records of We further ruled that pursuant to Section 11 of Rule 116 of the 2000
the case by the fastest means available and to suspend further Rules on Criminal Procedure, the arraignment of respondent cannot
implementation of the questioned resolution (finding of probable cause be suspended indefinitely, for the reviewing authority has at most 60
to charge respondent with Violation of Section 261, paragraphs a, b days within which to decide the appeal. The arraignment of
and k of Article XXII of the Omnibus Election Code) until final respondent was initially scheduled on 18 October 2004, but the same
resolution of respondents appeal therefrom by the COMELEC En was reset three times. A motion to quash the two informations was
Banc did not revoke said delegated authority. We added that the filing filed on 11 October 2004. On 12 January 2005, Judge Madrona
of the amended informations was not made in defiance of the denied the Motion to Quash and admitted the Amended
instructions dated 11 October 2004, but was rather an act Informations. Respondent sought the reconsideration of said
necessitated by the developments of the case. We said that the order. On the scheduled arraignment on 9 March 2005, respondent
instructions were intended not to have the public prosecutor abandon failed to appear, resulting in the denial of his motion for
the prosecution of the case and negligently allow its dismissal by not reconsideration of the order denying the motion to quash and
filing the Amended Informations. By filing the amended informations, admitting the amended informations, the order for his arrest, and the
the public prosecutor avoided the undesirable situation that would confiscation of his cash bond. We said that five months was more than
have forced the COMELEC to re-file the cases, waste government the sixty days allowed by the rules for the suspension of the
resources and delay the administration of justice. arraignment and was ample time to obtain from COMELEC a reversal
of the Joint Resolution finding probable cause.
As regards Judge Madrona, we ruled he did not abuse his discretion
when he issued the Orders dated 9 March 2005 and 31 March
2005 for the arrest of respondent due to his failure to be present for
Respondent anchors his motion for reconsideration on two grounds,
his arraignment and for the confiscation of his cash bond. Having
to wit:
acquired jurisdiction over the cases and the persons of the accused,
the disposition thereof, regardless of what the fiscal may have felt was
the proper course of action, was within the exclusive jurisdiction, a. The Honorable Court, with due respect, is incorrect
in finding that the public prosecutor (of Paranaque
competence and discretion of the court.
City) did not exceed the authority delegated by the
COMELEC when they filed the subject Amended
suspend further implementation of the questioned resolution until final
Informations against herein Respondent; and
resolution of the appeal by the COMELEC En Banc is an express or,
at the very least, an implied indication of revocation of the delegated
xxxx
authority inasmuch as the public prosecutor has been prevented,
b. The Honorable Court, with due respect, incorrectly warned and stripped of any authority and control over the prosecution
ruled that Judge Madrona of the Regional Trial Court
of Paranaque City, acted, in accordance with law of the criminal cases. In not construing the mandatory directive as a
when he admitted the two (2) Amended Informations revocation of the delegated authority, respondent argues that this
and dismissed the Respondents Motion to Quash, as
the ground stated therein the informations charged Court violated the Pro Reo Doctrine[6] and the Rule of Lenity.[7] Since
more than one offense could no longer be sustained, the COMELEC directive is capable of two interpretations, respondent
and ordered the arrest of the Respondent due to his
alleged failure to be present for his arraignment and argues that we should have adopted the interpretation that is favorable
for the confiscation of his cash bond (at page 11 of to him.
the Assailed Decision).[5]
COMELEC directive dated 11 October 2004, stripping the public the COMELEC to investigate and, when appropriate, prosecute
prosecutor of his delegated authority to prosecute the criminal cases, election cases.[8]
the trial court should have rejected the amended information, as there
was no right that could be invoked from a defective/illegal source.
Under Section 265 of the Omnibus Election Code, the
COMELEC, through its duly authorized legal officers, has the
Moreover, respondent contends that Section 11, Rule 116 of exclusive power to conduct a preliminary investigation of all election
the 2000 Rules of Criminal Procedure does not apply to this case, offenses punishable under the Omnibus Election Code, and to
because the application thereof presupposes a resolution issued by a prosecute the same. The COMELEC may avail itself of the assistance
public prosecutor who has the authority to prosecute. Since the public of other prosecuting arms of the government. Section 265 reads:
The next query to be answered is: Did the trial court judge
Quite irremissibly, his defiance of the order of commit grave abuse of discretion amounting to lack or excess of
the COMELEC, by itself, more than sufficed to
warrant the revocation of the authority delegated to jurisdiction when he admitted the amended informations despite full
him. knowledge that the COMELEC had ordered the City Prosecutor of
Paraaque to suspend further implementation of the questioned
Considering that it was patently beyond his resolution until final resolution of the appeal before it?
powers or authority to do such act, the amended
informations are deemed scraps of papers, which
have been stripped bare of their legal effect
whatsoever.[10] We rule that he did.
court judge still admitted the amended informations. In doing so, the speak of, the trial court has no basis for denying respondents motion
judge committed grave abuse of discretion amounting to lack of to quash. Consequently, there can be no arraignment on the amended
excess of jurisdiction. informations. In view of this, there can be no basis for ordering the
arrest of respondent and the confiscation of his cash bond.
sound discretion of the said court, as it is the best and sole judge of dated 12 January 2005 denying the Motion to Quash and admitting
what to do with the case before it.[11] Under the circumstances the amended information; 9 March 2005 denying the Motion for
obtaining in this case, we hold that this settled jurisprudence does not Reconsideration of the Order denying the Motion to Quash, admitting
apply in this case. The trial courts knowledge that the filing of the the amended informations, and ordering the arrest of the respondent
amended informations was done by the public prosecutor in excess of and the confiscation of his cash bond; and 31 March 2005 denying
his delegated authority no longer gives him the discretion as to respondents Urgent Motion for Reconsideration and/or to lift the Order
whether or not accept the amended informations. The only option the of Arrest -- are declared void and of no effect.
trial court had was not to admit the amended informations as a sign of
deference and respect to the COMELEC, which already had taken
cognizance of respondents appeal. This, the trial court did not WHEREFORE, the instant motion for reconsideration filed by
choose. It insisted on admitting the amended informations, which were respondent Pablo Olivarez is GRANTED, and our assailed decision
patent nullities for being filed contrary to the directives of the dated 23 June 2009 is RECONSIDERED and SET ASIDE. The
COMELEC. Necessarily, all actions and rulings of the trial court Decision of the Court of Appeals dated 28 September 2005 in CA-
petitioner Enrique Viudez II was filed by Estrella Galvez, widow of
G.R. SP No. 89230 is REINSTATED. The amended informations filed
Mayor Honorato Galvez, for the killing of the latter and his driver.
by the City Prosecutor of Paraaque on 28 October 2004 are
declared VOID and of NO EFFECT. Upon finding of probable cause to indict the petitioner and
others for the crime of murder, the Investigating State Prosecutor filed
2 Informations for murder with the RTC of Malolos, which then issued
warrants of arrest on the same day. The petitioner filed a Motion to
SO ORDERED. Suspend Proceedings and to Suspend the Implementation of the
Warrant of Arrest, pursuant to Section 96 of Department (of Justice)
Circular No. 70, the implementation of the warrant of arrest against
Republic of the Philippines petitioner should be suspended and/or recalled pending resolution of
SUPREME COURT the said petition for review.
THIRD DIVISION
G.R. No. 152889 The RTC denied petitioners Motion stating that, there was no
ENRIQUE V. VIUDEZ II, Petitioner, way for it to recall the warrant of arrest in the absence of any
vs. compelling reason, and that jurisdiction over his person had not yet
THE COURT OF APPEALS and HON. BASILIO R. GABO, JR. in been acquired by it; hence, petitioner had no personality to file any
his capacity as Presiding Judge of Branch 11, Regional Trial
pleading in court relative to the case until he was arrested or
Court, Malolos, Bulacan, Respondents.
voluntarily surrendered himself to the court. Thus, petitioner filed a
motion for reconsideration but was likewise denied. Thereafter,
Case: This is a petition for review on certiorari under Section 1, Rule petitioner filed with the CA but the latter court dismissed the petition
45 of the 1997 Rules of Civil Procedure, with prayer for the issuance for certiorari for lack of merit and found no whimsicality or
of a temporary restraining order and/or writ of preliminary injunction of oppressiveness in the exercise of the respondent Judge's discretion
the Decision1 of the Court of Appeals (CA) in CA-G.R. SP No. 67115 in issuing the challenged Orders.
dismissing the petition for certiorari filed by herein petitioner against
Judge Basilio R. Gabo, Jr., in his capacity as Presiding Judge of Hence, the instant petition.
Branch 11, Regional Trial Court (RTC) of Malolos, Bulacan.
ISSUE: W/N a pending resolution of a petition for review filed with the
Secretary of Justice concerning a finding of probable cause will
suspend the proceedings in the trial court, including the
Facts: On June 26, 2000, a complaint for the alleged murder of implementation of a warrant of arrest.
Honorato Galvez and his driver was filed by the 303rd PNP CID)
Team with the Office of the Provincial Prosecutor against the following:
HELD: Petitioner's contention is wrong.
Cirilo de la Cruz, Guilberto Chico, Edmund Fernando, two persons
named Ronald and Gerry, three (3) John Does, and Eulogio
Villanueva. Likewise, on July 14, 2000, a complaint for murder against The task of the presiding judge when the Information is filed
with the court is first and foremost to determine the existence or non-
existence of probable cause for the arrest of the accusedThe
purpose of the mandate of the judge to first determine probable cause for review, for lack of merit; and the issuance of TRO and/or
for the arrest of the accused is to insulate from the very start those preliminary injunction, for being moot and academic. *
falsely charged with crimes from the tribulations, expenses and
anxiety of a public trial.
The function of the judge to issue a warrant of arrest upon the *The Secretary of Justice had already sustained the petitioners
determination of probable cause is exclusive; thus, the consequent petition for review, who directed the Chief State Prosecutor to move,
implementation of a warrant of arrest cannot be deferred pending the with leave of court, for the withdrawal of the information for murder
resolution of a petition for review by the Secretary of Justice as to the against the petitioner. (Sept. 19, 2002)
finding of probable cause, a function that is executive in nature. To
defer the implementation of the warrant of arrest would be an PEOPLE V DUCA
encroachment on the exclusive prerogative of the judge.
Before this Court is a petition for certiorari under Rule 65 of the 1997
Nowhere in the said provision does it state that the court must Rules of Civil Procedure which seeks to set aside and annul the
hold the proceedings in abeyance. Therefore, the discretion of the Decision[1] dated November 23, 2005 rendered by the Court of
court whether or not to suspend the proceedings or the Appeals (CA) in CA-G.R. CR No. 28312.
implementation of the warrant of arrest, upon the motion of the
The CA decision reversed the decision[2] of the Regional Trial Court
appellant or the trial prosecutor, remains unhindered. This is in
(RTC) of Dagupan City, Branch 44, in Criminal Case No. 2003-0194-
consonance with the earlier ruling33 of this Court that once a
D[3] which affirmed an earlier decision[4] of the Municipal Circuit
complaint or information is filed in court, any disposition of the case as
Trial Court of San Fabian-San Jacinto, Pangasinan, convicting
to its dismissal, or the conviction or acquittal of the accused, rests on
respondent Arturo Duca of the crime of falsification under Article 171
the sound discretion of the said court, as it is the best and sole judge
of the Revised Penal Code.
of what to do with the case before it.
The facts as found by the CA are quoted as follows:
The factual antecedents in Ledesma, Solar Team
It appears that Arturo Duca, together with his mother, Cecilia Duca,
Entertainment, Inc,., Dimatulac and Marcelo clearly show that a
were charged of the crime of Falsification of Official Document
common issue among them is whether the arraignment of an accused
defined and penalized under Article 172, in relation to Article
may be deferred pending resolution by the Secretary of Justice of a
171, paragraph 2 of the Revised Penal Code in an Information which
petition for review on the finding of probable cause, to which this Court
reads
ruled in the affirmative. Nowhere in the said decisions did it state that
the implementation or enforcement of the warrant of arrest was also That on or about December 10, 2001 in the Municipality of San
deferred or suspended, as herein petitioner prays for. Fabian, Province of Pangasinan, Philippines, within the jurisdiction of
this Honorable Court, the said accused confederating together and
WHEREFORE, the petition for review on certiorari with prayer mutually abiding each other, with intent to cause damage, did then
for the issuance of a temporary restraining order and/or writ of and there, willfully, unlawfully and feloniously cause the preparation
preliminary injunction dated April 25, 2002 is DENIED -- the petition of a Declaration of Real Property over a bungalow type residential
house covered by Property Index No. 013-32-027-01-116131 of the
Municipal Assessors Office of San Fabian, Pangasinan by making it P70,000.00 with the signature affixed on top of the typewritten name
appear that the signature appearing on the sworn statement of Aldrin F. Duca and subscribed and sworn to before Engr. Reynante
owner is that of Aldrin F. Duca when the truth of the matter is not Baltazar, the Municipal Assessor of San Fabian, Pangasinan, on
because the latter was abroad at that time having arrived in the December 10, 2001. The signature on top of the typewritten name
Philippines only on December 12, 2001, and it was accused Arturo Aldrin F. Duca is that of Arturo Duca. According to the prosecution,
F. Duca who affixed his own signature thereon to the damage and Arturo made it appear that the signature is that of his brother Aldrin
prejudice of the undersigned private complainant Pedro Calanayan. who was out of the country at that time. Aldrin arrived in
the Philippines only on December 12, 2001, as evidenced by a
Upon being arraigned, both the accused pleaded not guilty. Then certification from the Bureau of Immigration, Manila. Arturo even
trial on the merits ensued. made it appear that his Community Tax Certificate (CTC) No.
The evidence for the prosecution shows that sometime in 1999, 03841661 issued on December 10, 2001 is that of his brother
Pedro Calanayan (hereinafter Calanayan), private complainant Aldrin. That because of the misrepresentation, Cecilia and Arturo
herein, filed an action for ejectment and damages against Cecilia F. were able to mislead the RTC such that they were able to get a TRO
Duca, Ruel F. Duca, Arsenio F. Duca and Vangie F. Duca before the against Sheriff Hortaleza and the policemen ordering them to stop
4th Municipal Circuit Trial Court (MCTC) of San Fabian-San Jacinto, from evicting the plaintiffs from the property in question.
Pangasinan, docketed as Civil Case No. 960 (SF-99). The case was
decided in favor of Calanayan. There being no appeal interposed by
the aforesaid defendants, the said decision became final and Both accused denied that they falsified the signature of Aldrin
executory. On November 22, 1999, a writ of execution was issued by Duca. Cecilia testified that she had no participation in the execution
the MCTC to enforce the decision. On February 29, 2000, the money as she was in Manila at that time
judgment was likewise satisfied with the public auction of the lot
owned by Cecilia Duca covered by TCT No. 233647. On March 1, On the other hand, Arturo testified that the signature atop the name
2000, a certificate of sale was issued in favor of Jocelyn Barque, the Aldrin Duca was his. However, he intersposed the defense that he
highest bidder in the auction sale. was duly authorized by the latter to procure the said tax
declaration.On April 3, 2003, the MCTC of San Fabian-San Jacinto
On October 19, 2001, Cecilia Duca filed an action for the Declaration rendered a decision, dispositive portion of which reads as follows:
of Nullity of Execution and Damages with prayer for Writ of Injunction
and Temporary Restraining order against Sheriff IV Vinez Hortaleza WHEREFORE, the Court finds the accused Arturo F. Duca guilty
and Police Officers Roberto Vical, Alejandre Arevalo, Emilio Austria, beyond reasonable doubt of the crime of falsification defined and
Victor Quitales, Crisostomo Bonavente and Calanayan. The case penalized under Article 171 of the Revised Penal Code and hereby
was docketed as Civil Case No. 2000-0304-D. imposes upon said accused a prison term of two years, four months
and one day to six (6) years of Prision Correccional and a fine of
When the said case was heard, Cecilia Duca testified to the effect P2,000.00.Accused Cecilia is acquitted for lack of evidence.
that the house erected on the lot subject of the ejectment case is
owned by her son Aldrin Duca. In support of such claim she The accused Arturo F. Duca is hereby ordered to pay to the
presented Property Index No. 013-32-027-01-116131 (Exhibit B). At complaining witness actual damages in the amount of P60,000.00
the back of the said exhibit is a sworn statement showing that the moral damages of P150,000.00 plus exemplary damages in the
current and fair market value of the property, which is a bungalow, is amount of P100,000.00 plus cost.
Dissatisfied with the decision, Arturo Duca appealed. On March 24, had already been cured so much so that the said document became
2004, the RTC of Dagupan City, Branch 44, rendered a decision, valid and binding as an official act of Arturo.
disposing the case as follows:
If Arturo did not state in the Tax Declaration in what capacity he was
WHEREFORE, the decision dated April 3, 2003 of the 4th Municipal signing, this deficiency was cured by Aldrins subsequent execution
Circuit Trial Court, San Fabian-San Jacinto, Pangasinan convicting of Exhibits 6 and 7.
accused Arturo F. Duca of the crime of Falsification defined and
penalized under Article 171 of the Revised Penal Code and imposing The RTCs conclusion that the special power of attorney executed by
upon said accused an imprisonment of two years, four months and Aldrin was a mere afterthought designed to extricate Arturo from any
one day to six (6) years of Prision Correccional and a fine of criminal liability has no basis since from the very start, it has been
P2,000.00, and ordering him to pay to the complaining witness actual duly established by the defense that Aldrin had verbally instructed
damages in the amount of P60,000.00, moral damages in the Arturo to cause the execution of Exhibit B for the purpose of
amount of P150,000.00 plus exemplary damages in the amount of registering his house constructed on his mothers lot for taxation
P100,000.00 plus cost, is AFFIRMED. purposes.[6]
Aggrieved with the ruling of the RTC, Duca elevated the case to the Hence, the instant petition anchored on this sole ground:
CA via a petition for review. On November 23, 2005, the CA PUBLIC RESPONDENT COURT OF APPEALS GRAVELY ABUSED
promulgated its assailed decision acquitting Duca of the crime ITS DISCRETION AND HAD ACTED WITHOUT JURISDICTION
charged and reversing the RTC decision. The CA held: WHEN IT RESOLVED PRIVATE RESPONDENT ARTURO F.
However, the prosecution failed to establish the fact that Arturo was DUCAS APPEAL WITHOUT GIVING THE PEOPLE OF
not duly authorized by Aldrin in procuring the tax declaration. On the THE PHILIPPINES THROUGH THE OFFICE OF THE SOLICITOR
contrary, the defense was able to establish that Arturo Duca was GENERAL THE OPPORTUNITY TO BE HEARD THEREON.[7]
duly authorized by his brother Aldrin to secure a tax declaration on Petitioner argues that the prosecution was denied due process when
the house erected on the land registered under their mothers name. the CA resolved the respondents appeal without notifying the People
From the foregoing testimony, it can be deduced that Arturo could of the Philippines, through the Solicitor General, of the pendency of
not have falsified the Tax Declaration of Real Property under the same and without requiring the Solicitor General to file his
Property Index No. 013-32-027-01-116B1 (Exhibit B) by making it comment. Petitioner contends that once the case is elevated to the
appear that Aldrin Duca, his brother, participated in the CA or this Court, it is only the Solicitor General who is authorized to
accomplishment of the said document since he was actually acting bring or defend actions on behalf of the People. Thus, the CA
for and in behalf of the latter. It must be noted that as early as June gravely abused its discretion when it acted on respondents appeal
2001, Arturo has already been authorized by Aldrin; albeit verbally, without affording the prosecution the opportunity to be
to register the house in the latters name as he cannot do it heard. Consequently, the decision of the CA acquitting respondent
personally as he was abroad. This authority of Arturo was confirmed should be considered void for being violative of due process.
by the latters execution of an Affidavit dated January 19, 2002 In his Comment,[8] respondent argues that there was no denial of
confirming the procurement of the said tax declaration (Exhibit 6) as due process because the prosecution was properly represented by
well as a Special Power of attorney executed on June 17, 2002 the Office of the Provincial Prosecutor and a private prosecutor who
(Exhibit 7). Thus, what appeared to be defective from the beginning
handled the presentation of evidence under the control and Revised Administrative Code particularly in Book IV, Title III, Chapter
supervision of the Provincial Prosecutor. Since the control and 12 thereof. Without doubt, the OSG is the appellate counsel of the
supervision conferred on the private prosecutor by the Provincial People of the Philippines in all criminal cases.[10]
Prosecutor had not been withdrawn, the Solicitor General could not
claim that the prosecution was not afforded a chance to be heard in Likewise, in City Fiscal of Tacloban v. Espina,[11] the Court made
the CA. According to the respondent, he should not be prejudiced by the following pronouncement:
the Provincial Prosecutors failure to inform the Solicitor General of
the pendency of the appeal
Under Section 5, Rule 110 of the Rules of Court all criminal actions
The petition is impressed with merit. commenced by complaint or information shall be prosecuted under
The authority to represent the State in appeals of criminal cases the direction and control of the fiscal. The fiscal represents the
before the CA and the Supreme Court is solely vested in the Office People of the Philippines in the prosecution of offenses before the
of the Solicitor General (OSG). Section 35(1), Chapter 12, Title III of trial courts at the metropolitan trial courts, municipal trial courts,
Book IV of the 1987 Administrative Code explicitly provides, viz.: municipal circuit trial courts and the regional trial courts. However,
when such criminal actions are brought to the Court of Appeals or
this Court, it is the Solicitor General who must represent the People
of the Philippines not the fiscal.[12]
SEC. 35. Powers and Functions. The Office of the Solicitor General
shall represent the Government of the Philippines, its agencies and And in Labaro v. Panay,[13] the Court held
instrumentalities and its officials and agents in any litigation,
proceeding, investigation or matter requiring the services of lawyers. The OSG is the law office of the Government authorized by law to
x x x It shall have the following specific powers and functions: represent the Government or the People of the Philippines before us
and before the Court of Appeals in all criminal proceedings, or before
(1) Represent the Government in the Supreme Court and the Court any court, tribunal, body, or commission in any matter, action, or
of Appeals in all criminal proceedings; represent the Government proceeding which, in the opinion of the Solicitor General, affects the
and its officers in the Supreme Court and Court of Appeals, and all welfare of the people as the ends of justice may require.[14]
other courts or tribunals in all civil actions and special proceedings in
which the Government or any officer thereof in his official capacity is Indeed, in criminal cases, as in the instant case, the Solicitor General
a party. (emphasis supplied) is regarded as the appellate counsel of the People of
the Philippines and as such, should have been given the opportunity
Jurisprudence has been consistent on this point. In the recent case to be heard on behalf of the People. The records show that the CA
of Cario v. De Castro,[9] it was held: failed to require the Solicitor General to file his Comment on Ducas
petition. A copy of the CA Resolution[15] dated May 26, 2004 which
In criminal proceedings on appeal in the Court of Appeals or in the required the filing of Comment was served upon Atty. Jaime Dojillo,
Supreme Court, the authority to represent the People is vested solely Sr. (counsel for Duca), Atty. Villamor Tolete (counsel for private
in the Solicitor General. Under Presidential Decree No. 478, among complainant Calanayan) and RTC Judge Crispin Laron. Nowhere
the specific powers and functions of the OSG was to represent the was it shown that the Solicitor General had ever been furnished a
government in the Supreme Court and the Court of Appeals in all copy of the said Resolution. The failure of the CA to require the
criminal proceedings. This provision has been carried over to the
Solicitor General to file his Comment deprived the prosecution of a petition for review clearly deprived the State of its right to refute the
fair opportunity to prosecute and prove its case. material allegations of the said petition filed before the CA. The said
decision is, therefore, a nullity. In Dimatulac v. Villon,[19] we held:
Indeed, for justice to prevail, the scales must balance; justice is not
Pertinently, Saldana v. Court of Appeals, et al.[16] ruled as follows: to be dispensed for the accused alone. The interests of society and
When the prosecution is deprived of a fair opportunity to prosecute the offended parties which have been wronged must be equally
and prove its case, its right to due process is thereby violated (Uy vs. considered. Verily, a verdict of conviction is not necessarily a denial
Genato, L-37399, 57 SCRA 123 [May 29, 1974]; Serino vs. Zoa, L- of justice; and an acquittal is not necessarily a triumph of justice; for,
33116, 40 SCRA 433 [Aug. 31, 1971]; People vs. Gomez, L-22345, to the society offended and the party wronged, it could also mean
20 SCRA 293 [May 29, 1967]; People vs. Balisacan, L-26376, 17 injustice. Justice then must be rendered even-handedly to both the
SCRA 1119 [Aug. 31, 1966]). accused, on one hand, and the State and offended party, on the
other.[20]
The cardinal precept is that where there is a violation of basic
constitutional rights, courts are ousted of their jurisdiction. Thus, the Further, the CA should have been guided by the following provisions
violation of the States right to due process raises a serious of Sections 1 and 3 of Rule 42 of the 1997 Rules of Court:
jurisdiction issue (Gumabon vs. Director of the Bureau of Prisons, L- Sec. 1. How appeal taken; time for filing. A party desiring to appeal
300026, 37 SCRA 420 [Jan. 30, 1971]) which cannot be glossed from a decision of the Regional Trial Court rendered in the exercise
over or disregarded at will. Where the denial of the fundamental right of its appellate jurisdiction may file a verified petition for review with
of due process is apparent, a decision rendered in disregard of that the Court of Appeals, paying at the same time to the clerk of said
right is void for lack of jurisdiction (Aducayen vs. Flores, L-30370, court the corresponding docket and other lawful fees, depositing the
[May 25, 1973] 51 SCRA 78; Shell Co. vs. Enage, L-30111-12, 49 amount of P500.00 for costs, and furnishing the Regional Trial Court
SCRA 416 [Feb. 27, 1973]). Any judgment or decision rendered and the adverse party with a copy of the petition. The petition shall
notwithstanding such violation may be regarded as a lawless thing, be filed and served within fifteen (15) days from notice of the
which can be treated as an outlaw and slain at sight, or ignored decision sought to be reviewed or of the denial of petitioners motion
wherever it exhibits its head (Aducayen vs. Flores, supra).[17] for new trial or reconsideration filed in due time after judgment. Upon
The State, like the accused, is entitled to due process in criminal proper motion and the payment of the full amount of the docket and
cases, that is, it must be given the opportunity to present its evidence other lawful fees and the deposit for costs before the expiration of
in support of the charge. The doctrine consistently adhered to by this the reglementary period, the Court of Appeals may grant an
Court is that a decision rendered without due process is void ab additional period of fifteen (15) days only within which to file the
initio and may be attacked directly or collaterally. A decision is void petition for review. No further extension shall be granted except for
for lack of due process if, as a result, a party is deprived of the the most compelling reason and in no case to extend fifteen (15)
opportunity to be heard.[18] days.
Respondent appealed to the CA from the decision of the RTC via a However, in Progressive Development Corporation v. Court of
petition for review under Rule 42 of the 1997 Rules of Court. The Appeals, we held that while generally a motion for reconsideration
respondent was mandated under Section 1, Rule 42 of the Rules of must first be filed before resorting to certiorari in order to give the
Court to serve copies of his petition for review upon the adverse lower court an opportunity to rectify its errors, this rule admits of
party, in this case, the People of the Philippines through the exceptions and is not intended to be applied without considering the
OSG. Respondent failed to serve a copy of his petition on the OSG circumstances of the case. The filing of a motion for reconsideration
and instead served a copy upon the Assistant City Prosecutor of is not a condition sine qua non when the issue raised is purely one of
Dagupan City.[21] The service of a copy of the petition on the People law, or where the error is patent or the disputed order is void, or the
of the Philippines, through the Prosecutor would be inefficacious for questions raised on certiorari are the same as those already
the reason that the Solicitor General is the sole representative of the squarely presented to and passed upon by the lower
People of the Philippines in appeals before the CA and the Supreme court.[24] (emphasis supplied)
Court. The respondents failure to have a copy of his petition served
on the People of the Philippines, through the OSG, is a sufficient The CA decision being void for lack of due process, the filing of the
ground for the dismissal of the petition as provided in Section 3, Rule instant petition for certiorari without a motion for reconsideration is
42 of the Rules of Court. Thus, the CA has no other recourse but to justified.
dismiss the petition. However, the CA, instead of dismissing
respondents petition, proceeded to resolve the petition and even
acquitted respondent without the Solicitor Generals comment. We, WHEREFORE, the petition for certiorari is hereby GRANTED. The
thus, find that the CA committed grave abuse of discretion assailed decision of the CA in CA-G.R. CR No. 28312 is hereby SET
amounting to lack or excess of jurisdiction in rendering its assailed ASIDE and the case is REMANDED to the CA for further
decision. proceedings. The CA is ordered to decide the case with dispatch.
Respondent Crasus finally alleged in his Complaint that Felys acts The psychological incapacity must be characterized by
brought danger and dishonor to the family, and clearly demonstrated (a) Gravity It must be grave or serious such that the party would be
her psychological incapacity to perform the essential obligations of incapable of carrying out the ordinary duties required in a marriage;
marriage. Such incapacity, being incurable and continuing, (b) Juridical Antecedence It must be rooted in the history of the
constitutes a ground for declaration of nullity of marriage under party antedating the marriage, although the overt manifestations may
Article 36, in relation to Articles 68, 70, and 72, of the Family Code of emerge only after the marriage; and
the Philippines. (c) Incurability It must be incurable or, even if it were otherwise, the
cure would be beyond the means of the party involved.
Fely filed her Answer and Counterclaim with the RTC on 05 June
1997. She asserted therein that she was already an American citizen Intendment of the law has been to confine the meaning of
since 1988 and was now married to Stephen Micklus. She argued psychological incapacity to the most serious cases of personality
that her marriage to her American husband was legal because now disorders clearly demonstrative of an utter insensitivity or inability to
being an American citizen, the law of her present nationality shall give meaning and significance to the marriage. The root cause of the
govern her status. incapacity be identified as a psychological illness and that its
DECISION OF LOWER COURTS: incapacitating nature must be fully explained.
(1) RTC Cebu: declared the marriage null and void on the basis of
Article 36 of the Family Code of the Philippines. II. Article 26, paragraph 2 of the Family Code of the Philippines is not
(2) CA: affirmed RTC. applicable to the case at bar.
That Article 48 does not expressly mention the Solicitor General In fact, this Court had already recognized and affirmed the role of the
does not bar him or his Office from intervening in proceedings for Solicitor General in several cases for annulment and declaration of
annulment or declaration of nullity of marriages. Executive Order No. nullity of marriages that were appealed before it, summarized as
292, otherwise known as the Administrative Code of 1987, appoints follows in the case of Ancheta v. Ancheta[36]
the Solicitor General as the principal law officer and legal defender of In the case of Republic v. Court of Appeals [268 SCRA 198 (1997)],
the Government.[33] His Office is tasked to represent the this Court laid down the guidelines in the interpretation and
Government of the Philippines, its agencies and instrumentalities application of Art. 48 of the Family Code, one of which concerns the
and its officials and agents in any litigation, proceeding, investigation role of the prosecuting attorney or fiscal and the Solicitor General to
or matter requiring the services of lawyers. The Office of the Solicitor appear as counsel for the State:
General shall constitute the law office of the Government and, as
such, shall discharge duties requiring the services of lawyers.[34] (8) The trial court must order the prosecuting attorney or fiscal and
the Solicitor General to appear as counsel for the state. No decision
shall be handed down unless the Solicitor General issues a
The intent of Article 48 of the Family Code of the Philippines is to certification, which will be quoted in the decision, briefly stating
ensure that the interest of the State is represented and protected in therein his reasons for his agreement or opposition, as the case may
proceedings for annulment and declaration of nullity of marriages by be, to the petition. The Solicitor General, along with the prosecuting
preventing collusion between the parties, or the fabrication or attorney, shall submit to the court such certification within fifteen (15)
suppression of evidence; and, bearing in mind that the Solicitor days from the date the case is deemed submitted for resolution of
General is the principal law officer and legal defender of the land, the court. The Solicitor General shall discharge the equivalent
function of the defensor vinculi contemplated under Canon 1095. [Id., Sec. 19. Decision.
at 213]
(2) The parties, including the Solicitor General and the public
This Court in the case of Malcampo-Sin v. Sin [355 SCRA 285 prosecutor, shall be served with copies of the decision personally or
(2001)] reiterated its pronouncement in Republic v. Court of by registered mail. If the respondent summoned by publication failed
Appeals [Supra.] regarding the role of the prosecuting attorney or to appear in the action, the dispositive part of the decision shall be
fiscal and the Solicitor General to appear as counsel for the State[37] published once in a newspaper of general circulation.
Finally, the issuance of this Court of the Rule on Declaration of (3) The decision becomes final upon the expiration of fifteen days
Absolute Nullity of Void Marriages and Annulment of Voidable from notice to the parties. Entry of judgment shall be made if no
Marriages,[38] which became effective on 15 March 2003, should motion for reconsideration or new trial, or appeal is filed by any of the
dispel any other doubts of respondent Crasus as to the authority of parties, the public prosecutor, or the Solicitor General.
the Solicitor General to file the instant Petition on behalf of the State.
The Rule recognizes the authority of the Solicitor General to Sec. 20. Appeal.
intervene and take part in the proceedings for annulment and
declaration of nullity of marriages before the RTC and on appeal to
higher courts. The pertinent provisions of the said Rule are
reproduced below
(2) Notice of Appeal. An aggrieved party or the Solicitor General may
Sec. 5. Contents and form of petition. appeal from the decision by filing a Notice of Appeal within fifteen
days from notice of denial of the motion for reconsideration or new
trial. The appellant shall serve a copy of the notice of appeal on the
adverse parties.
(4) It shall be filed in six copies. The petitioner shall serve a copy of Given the foregoing, this Court arrives at a conclusion contrary to
the petition on the Office of the Solicitor General and the Office of the those of the RTC and the Court of Appeals, and sustains the validity
City or Provincial Prosecutor, within five days from the date of its and existence of the marriage between respondent Crasus and Fely.
filing and submit to the court proof of such service within the same At most, Felys abandonment, sexual infidelity, and bigamy, give
period. respondent Crasus grounds to file for legal separation under Article
55 of the Family Code of the Philippines, but not for declaration of
Sec. 18. Memoranda. The court may require the parties and the nullity of marriage under Article 36 of the same Code. While this
public prosecutor, in consultation with the Office of the Solicitor Court commiserates with respondent Crasus for being continuously
General, to file their respective memoranda in support of their claims shackled to what is now a hopeless and loveless marriage, this is
within fifteen days from the date the trial is terminated. It may require one of those situations where neither law nor society can provide the
the Office of the Solicitor General to file its own memorandum if the specific answer to every individual problem.[39]
case is of significant interest to the State. No other pleadings or
papers may be submitted without leave of court. After the lapse of WHEREFORE, the Petition is GRANTED and the assailed Decision
the period herein provided, the case will be considered submitted for of the Court of Appeals in CA-G.R. CV No. 62539, dated 30 July
decision, with or without the memoranda. 2001, affirming the Judgment of the RTC of Cebu City, Branch 22, in
Civil Case No. CEB-20077, dated 30 October 1998, is REVERSED
and SET ASIDE.
SO ORDERED.