G.R. No. 167910; July 17, 2007
MUSTAPHA M. GANDAROSA, Petitioner, vs. EVARISTO FLORES and PEOPLE OF THE PHILIPPINES, Respondents.

FACTS

A libel case was filed against petitioner Mustapha Gandarosa and others based on a newspaper article quoting him as exposing alleged “back-door-pay” anomalies involving high-ranking BIR officials, including Regional Director Sonia Flores. The City Prosecutor found probable cause and filed an Information. Petitioner sought reconsideration. Pending this, the Department of Justice (DOJ) issued a Resolution directing the prosecutor to amend the Information by dropping petitioner from the charge, finding no malice as he was merely performing his duty to report anomalies. The prosecution then filed a Motion to Amend the Information in the Regional Trial Court (RTC) to exclude petitioner.

ISSUE

Whether the RTC committed grave abuse of discretion in denying the prosecution’s motion to amend the Information by excluding petitioner, based on the DOJ’s directive.

RULING

No, the RTC did not commit grave abuse of discretion. The Supreme Court affirmed that a judge’s determination of probable cause for the issuance of a warrant of arrest is an independent judicial function. While the prosecution retains control over the criminal prosecution, including the authority to move for dismissal or amendment, the court is not a mere rubber stamp. The RTC must make its own independent assessment of the merits of the motion. In this case, the RTC examined the DOJ resolution and the records and found no compelling reason to grant the motion, noting that the DOJ’s finding of absence of malice was a conclusion better resolved during trial. The court correctly held that the determination of the existence of malice, being a factual matter, is a proper subject for trial where evidence can be fully presented and evaluated. The RTC’s denial was a valid exercise of its judicial discretion to prevent a miscarriage of justice, not an arbitrary or whimsical act constituting grave abuse. The petition was denied.