Ramiscal vs Sandiganbayan

JOSE S. RAMISCAL, JR. vs.  SANDIGANBAYAN

CALLEJO, SR., J

G.R. Nos. 140576-99 | December 13, 2004

Nature:  Petition for review on certiorari under Rule 45 of the Revised Rules of Court, of the Resolution of the Sandiganbayan

Keyword: Jurisdiction

FACTS: The Armed Forces of the Philippines Retirement and Separation Benefits System (AFP-RSBS) is a government-owned or controlled corporation. It was designed to establish a separate fund to guarantee continuous financial support to the AFP military retirement system. Under the decree, the AFP-RSBS was to be funded from three principal sources: (a) congressional appropriations and compulsory contributions from members of the AFP; (2) donations, gifts, legacies, bequests and others to the system; and (3) all earnings of the system which shall not be subject to any tax whatsoever.

On December 18, 1997, Luwalhati R. Antonino, then a member of the House of Representatives representing the First District of the Province of South Cotabato, filed a "Complaint-Affidavit" with the Office of the Ombudsman for Mindanao. She alleged that anomalous real estate transactions involving the Magsaysay Park at General Santos City and questionable payments of transfer taxes prejudicial to the government had been entertained into between certain parties. She then requested the Ombudsman to investigate Ramiscal, Jr. (President of the AFP-RSBS), together with twenty-seven (27) other persons for conspiracy in misappropriating AFP-RSBS funds and in defrauding the government millions of pesos in capital gains and documentary stamp taxes.

On January 28, 1999, after the requisite preliminary investigation, Special Prosecutor Joy C. Rubillar-Arao filed twenty-four (24) separate Informations with the Sandiganbayan against the petitioner and several other accused. The filing of the Informations was duly approved by then Ombudsman Aniano A. Desierto. The first twelve (12) Informations were for violation of Section 3(e) of Rep. Act No. 3019, otherwise known as the Anti-Graft and Corrupt Practices Act. The petitioner filed an Urgent Motion to Dismiss the Informations and to defer the Issuance of Warrant of Arrest, alleging want of jurisdiction. Meanwhile, pending resolution of the aforementioned motions, the law firm of Albano & Associates filed a "Notice of Appearance" as private prosecutors in all the aforementioned cases for the Association of Generals and Flag Officers, Inc. (AGFOI) on March 9, 1999. The notice of appearance was apparently made conformably to the letter-request of Retired Commodore Ismael Aparri and Retired Brig. Gen. Pedro Navarro, who are members thereof. In its comment, the law firm contended that its clients, Commodore Aparri and Brig. Gen. Navarro, were members of the AGFOI and contributors of AFP-RSBS.

ISSUE: Whether or not AGFOI as represented by Albano & Associates are private injured parties entitled to intervene as the private prosecutor in the subject cases.

RULING: We agree with the contention of the petitioner that the AGFOI, and even Commodore Aparri and Brig. Gen. Navarro, are not the offended parties envisaged in Section 16, Rule 110, in relation to Section 1, Rule 111 of the Revised Rules of Criminal Procedure.

Under Section 5, Rule 110  of the Rules, all criminal actions covered by a complaint or information shall be prosecuted under the direct supervision and control of the public prosecutor. Thus, even if the felonies or delictual acts of the accused result in damage or injury to another, the civil action for the recovery of civil liability based on the said criminal acts is impliedly instituted and the offended party has not waived the civil action, reserved the right to institute it separately or instituted the civil action prior to the criminal action, the prosecution of the action inclusive of the civil action remains under the control and supervision of the public prosecutor. The prosecution of offenses is a public function. Under Section 16, Rule 110 of the Rules of Criminal Procedure, the offended party may intervene in the criminal action personally or by counsel, who will act as private prosecutor for the protection of his interests and in the interest of the speedy and inexpensive administration of justice. A separate action for the purpose would only prove to be costly, burdensome and time-consuming for both parties and further delay the final disposition of the case. The multiplicity of suits must be avoided. With the implied institution of the civil action in the criminal action, the two actions are merged into one composite proceeding, with the criminal action predominating the civil. The prime purpose of the criminal action is to punish the offender in order to deter him and others from committing the same or similar offense, to isolate him from society, reform and rehabilitate him or, in general, to maintain social order.

On the other hand, the sole purpose of the civil action is for the resolution, reparation or indemnification of the private offended party for the damage or injury he sustained by reason of the delictual or felonious act of the accused.50 Under Article 104 of the Revised Penal Code, the following are the civil liabilities of the accused:

ART. 104. What is included in civil liability. – The civil liability established in Articles 100, 101, 102 and 103 of this Code includes:

1. Restitution;

2. Reparation of the damage caused;

3. Indemnification for consequential damages.

Thus, when the offended party, through counsel, has asserted his right to intervene in the proceedings, it is error to consider his appearance merely as a matter of tolerance.

Under Section 16, Rule 110 of the Revised Rules of Criminal Procedure, the offended party may also be a private individual whose person, right, house, liberty or property was actually or directly injured by the same punishable act or omission of the accused, or that corporate entity which is damaged or injured by the delictual acts complained of. Such party must be one who has a legal right; a substantial interest in the subject matter of the action as will entitle him to recourse under the substantive law, to recourse if the evidence is sufficient or that he has the legal right to the demand and the accused will be protected by the satisfaction of his civil liabilities. Such interest must not be a mere expectancy, subordinate or inconsequential. The interest of the party must be personal; and not one based on a desire to vindicate the constitutional right of some third and unrelated party.

Okabe vs. Judge, G.R. No. 150185, May 27, 2004

Okabe vs. Judge, G.R. No. 150185, May 27, 2004

Nature: Petition for review on certiorari, under Rule 45 of the Rules of Court

Keywords: Estafa, ex parte motion for issuance of hold departure order; judicial determination of probable cause

Summary: RTC - issued warrant of arrest with 40k bond; CA - set aside the hold departure order but denied the other motions; SC - Petition Granted; reversed and set aside CA decision.

CALLEJO, SR., J.

Facts: Cecilia Maruyama filed a complaint charging Lorna Tanghal and petitioner Teresita Tanghal Okabe, a.k.a. Shiela Okabe, with estafa. Maruyama alleged, that on December 11, 1998, she entrusted Y11,410,000 with the peso equivalent of P3,993,500 to the petitioner, who was engaged in the business of "door-to-door delivery" from Japan to the Philippines. It was alleged that the petitioner failed to deliver the money as agreed upon, and, at first, denied receiving the said amount but later returned only US$1,000 through Lorna Tanghal.

During the preliminary investigation, the complainant submitted the affidavit of her witnesses and other documentary evidence. After the requisite preliminary investigation, 2nd Assistant City Prosecutor Joselito J. Vibandor came out with a resolution, finding probable cause for estafa against the petitioner w/c was subsequently approved by the city prosecutor. The trial court then issued a warrant of arrest with a recommended bond of P40,000. Petitioner posted a personal bail bond in the said amount.

The petitioner left the Philippines for Japan on June 17, 2000 without the trial court’s permission, and returned to the Philippines on June 28, 2000. She left the Philippines anew on July 1, 2000, and returned on July 12, 2000. On July 14, 2000, the private prosecutor filed an urgent ex parte motion for the issuance of the hold departure order. Trial court approved the same.

Meanwhile, the petitioner filed a verified motion for judicial determination of probable cause and to defer proceedings/arraignment, alleging that the only documents appended to the Information submitted by the investigating prosecutor were respondent Maruyama’s affidavit-complaint for estafa and the resolution of the investigating prosecutor; the affidavits of the witnesses of the complainant, the respondent’s counter-affidavit and the other evidence adduced by the parties were not attached thereto.

On July 19, 2000, the petitioner also filed a Very Urgent Motion To Lift/Recall Hold Departure Order dated July 17, 2000 and/or allow her to regularly travel to Japan for the reason that she have 3 minor children residing there relying on her for support. Petitioner also questioned the irregularity of the determination of probable cause during the preliminary investigation however the respondent judge ruled that the posting of bail and the filing motions for relief estopped the petitioner from questioning the same. Upon arraignment, petitioner refused to enter a plea and w/ leave of court left the court room. Petitioner filed w/ CA a petition for Certiorari. CA set aside the hold departure order however all the other motions were denied, hence this case.

Issue: WON the respondent judge committed a reversible error in determining existence of probable cause despite lack of affidavits of the witnesses of respondent Maruyama and the latter’s documentary evidence, as well as the counter-affidavit of the petitioner.

Ratio: Yes, the rulings of this Court are now embedded in Section 8(a), Rule 112 of the Revised Rules on Criminal Procedure which provides that:

SEC. 8. Records. – (a) Records supporting the information or complaint. An information or complaint filed in court shall be supported by the affidavits and counter-affidavits of the parties and their witnesses, together with the other supporting evidence and the resolution on the case. The respondent judge is hereby DIRECTED to determine the existence or non-existence of probable cause for the arrest of the petitioner based on the complete records, as required under Section 8(a), Rule 112 of the Revised Rules on Criminal Procedure.

In determining the existence or non-existence of probable cause for the arrest of the accused, the judge should not rely solely on the said report. [The judge should consider not only the report of the investigating prosecutor but also the affidavit/affidavits and the documentary evidence of the parties, the counter-affidavit of the accused and his witnesses, as well as the transcript of stenographic notes taken during the preliminary investigation, if any, submitted to the court by the investigating prosecutor upon the filing of the Information. The duty to make such determination is personal and exclusive to the issuing judge. He cannot abdicate his duty and rely on the certification of the investigating prosecutor that he had conducted a preliminary investigation in accordance with law and the Rules of Court, as amended, and found probable cause for the filing of the Information.

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 accused. Probable cause is meant such set of facts and circumstances which would lead a reasonably discreet and prudent man to believe that the offense charged in the Information or any offense included therein has been committed by the person sought to be arrested. The purpose of the mandate of the judge to first determine probable cause for the arrest of the accused is to insulate from the very start those falsely charged of crimes from the tribulations, expenses and anxiety of a public trial.

Under Section 6, Rule 112 of the Rules of Court in relation to Section 2, Article III of the 1987 Constitution, the judge must make a personal determination of the existence or non-existence of probable cause for the arrest of the accused.  Under Section 1, Rule 112 of the Rules on Criminal Procedure, the investigating prosecutor, in conducting a preliminary investigation of a case cognizable by the RTC, is tasked to determine whether there is sufficient ground to engender a well-founded belief that a crime has been committed and the respondent therein is probably guilty thereof and should be held for trial. A preliminary investigation is for the purpose of securing the innocent against hasty, malicious and oppressive prosecution, and to protect him from an open and public accusation of a crime, from the trouble, expense and anxiety of a public trial.

If the investigating prosecutor finds probable cause for the filing of the Information against the respondent, he executes a certification at the bottom of the Information that from the evidence presented, there is a reasonable ground to believe that the offense charged has been committed and that the accused is probably guilty thereof. Such certification of the investigating prosecutor is, by itself, ineffective. It is not binding on the trial court. Nor may the RTC rely on the said certification as basis for a finding of the existence of probable cause for the arrest of the accused.

Ruling: The petition is GRANTED. The assailed decision of the Court of Appeals is REVERSED and SET ASIDE. The assailed Orders dated August 25 and 28, 2000 and the Warrant of Arrest issued by the respondent judge in Criminal Case No. 00-0749 are SET ASIDE. The records are REMANDED to the Regional Trial Court of Pasay City, Branch 119. The respondent judge is hereby DIRECTED to determine the existence or non-existence of probable cause for the arrest of the petitioner based on the complete records, as required under Section 8(a), Rule 112 of the Revised Rules on Criminal Procedure.