G.R. Nos. 115239-40 - MARIO C.V. JALANDONI, VS. HON. SECRETARY OF JUSTICE FRANKLYN M. DRILON, HONORABLE PROVINCIAL PROSECUTOR OF RIZAL, ROBERT COYIUTO, JR., JAIME LEDESMA, RAMON GARCIA, ANTONIO OZAETA, AMPARO BARCELON AND CARLOS DYHONGPO.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, premises considered, the questioned resolutions are hereby SET ASIDE and the complaints DISMISSED. You are hereby directed to immediately withdraw the informations filed in court against respondents Robert Coyiuto, Jr., Jaime L. Ledesma, Ramon Garcia, Amparo Barcelon, Antonio Ozaeta and Carlos Dyhongpo. Report of action taken within ten (10) days from receipt hereof is desired." [8] A motion for reconsideration [9] was filed but the same was denied in a letter-order dated April 20, 1994. [10] Hence this petition. The petition is without merit. Section 4, Rule 112 of the New Rules on Criminal Procedure ruled that: "Sec. 4. Duty of investigating fiscal. -- If the investigating fiscal finds cause to hold the respondent for trial, he shall prepare the resolution and corresponding information. He shall certify under oath that he, or as shown by the record, an authorized officer, has personally examined the complainant and his witnesses, that there is reasonable ground to believe that a crime has been committed and that the accused is probably guilty thereof, that the accused was informed of the complaint and of the evidence submitted against him and that he was given an opportunity to submit controverting evidence. Otherwise, he shall recommend dismissal of the case. "In either case, he shall forward the records of the case to the provincial or city fiscal or chief state prosecutor within five (5) days from his resolution. The latter shall take appropriate action thereon within ten (10) days from receipt thereof, immediately informing the parties of said action. "No complaint or information may be filed or dismissed by an investigating fiscal without the prior written authority or approval of the provincial or city fiscal or chief state prosecutor. "Where the investigating assistant fiscal recommends the dismissal of the case but his findings are reversed by the provincial or city fiscal or chief state prosecutor on the ground that a probable cause exists, the latter may, by himself, file the corresponding information against the respondent or direct any other assistant fiscal or state prosecutor to do so, without conducting another preliminary investigation. "If upon petition by a proper party, the Secretary of Justice reverses the resolution of the provincial or city fiscal or chief state prosecutor, he shall direct the fiscal concerned to file the corresponding information without conducting another preliminary investigation or to dismiss or move for dismissal of the complaint or information." Section 1 (d) of P.D. No. 911 likewise empowers the Secretary of Justice, where he finds that no prima facie case exists, to authorize and direct the investigating fiscal concerned or any other fiscal or state prosecutor to cause or move for the dismissal of the case, or, where he finds a prima facie case, to cause the filing of an information in court against the respondent, based on the same sworn statements of evidence submitted, without the nec