G.R. No. 224803 . January 25, 2023.
PROVINCIAL PROSECUTOR OF ALBAY, PETITIONER, VS. MARIVIC LOBIANO, RESPONDENT.

FACTS

Jelyn Galino, a minor, filed a criminal complaint for violation of the Anti-Trafficking in Persons Act ( R.A. No. 9208 , as amended) against Angeline Morota and Marivic Lobiano. Jelyn alleged she was recruited by Angeline under the pretense of restaurant work but was brought to Sampaguita Bar, owned by Marivic, to work as a guest relations officer (GRO), where she was required to drink, kiss customers, and engage in lascivious conduct for money. Marivic asked for Jelyn’s ID, but Angeline falsely claimed Jelyn was 19. Jelyn received no salary due to debts for clothes and products provided by Marivic. She was rescued by her mother, police, and DSWD personnel. Only Angeline submitted a counter-affidavit; Marivic did not. The Office of the Provincial Prosecutor (OCP) found probable cause to indict Marivic for Qualified Trafficking but not Angeline. An Information was filed against Marivic. The Regional Trial Court (RTC) dismissed the case outright for lack of probable cause, finding no conspiracy between Marivic and the recruiters. The Provincial Prosecutor filed a Petition for Certiorari before the Court of Appeals (CA), which dismissed it for being filed out of time and for being an improper remedy. The Provincial Prosecutor filed this Petition for Review on Certiorari.

ISSUE

Whether the Court of Appeals erred in dismissing outright the Petition for Certiorari filed by the Provincial Prosecutor.

RULING

Yes. The Supreme Court granted the petition. The CA erred in dismissing the Petition for Certiorari. The Petition was filed on time, as the deadline fell on a Saturday, making the filing on the next working day, Monday, timely, supported by a Postmaster Certification. Certiorari was the proper remedy because the RTC’s dismissal for lack of probable cause, after the prosecutor had found probable cause, constituted grave abuse of discretion. On the merits, the RTC committed grave abuse of discretion in dismissing the case. Under Section 4(a) of R.A. No. 9208 , as amended, the act of “receiving” or “hiring” a person for prostitution or sexual exploitation is a distinct punishable act, separate from recruitment, and does not require conspiracy with the recruiter. Marivic’s act of receiving and hiring Jelyn, a minor, for work involving lascivious conduct, established probable cause for Qualified Trafficking. The RTC’s dismissal was a prejudgment on the merits. The Supreme Court set aside the CA Resolutions and the RTC Order, reinstated the Information against Marivic, and directed the trial court to proceed with the case.