GR 15902; (December, 1964) (Digest)
G.R. No. L-15902 and L-15903 December 23, 1964
Alfredo V. Cruz, Jr., petitioner-appellant, vs. Mrs. Dolores H. Sison, respondent-appellee. / Alfredo V. Cruz, Jr., petitioner-appellant, vs. Benjamin Ravanera, respondent-appellee.
FACTS
Assistant Fiscal of Manila Alfredo V. Cruz, Jr. filed two petitions for contempt in the Court of First Instance of Manila against Dolores H. Sison, Secretary of the Bicol Electric Company in Naga City, and Benjamin Ravanera, Secretary of the University of Nueva Caceres in Naga City. The petitions alleged that the respondents refused to receive subpoenas duces tecum issued by the petitioner and failed to appear before him to give evidence in Criminal Case No. 47152, entitled “People of the Philippines v. Secretary Jaime Hernandez.” The lower court dismissed both petitions, ruling that the respondents were not bound by the processes because their residence in Naga City was more than 50 kilometers from Manila. The petitioner appealed.
ISSUE
1. Whether the contempt petitions were prematurely filed.
2. Whether the City Fiscal had the authority to issue subpoenas for a case already pending trial in court.
RULING
The Supreme Court affirmed the dismissal of the contempt petitions.
1. The contempt proceedings were premature. Under the Revised Charter of Manila ( Republic Act No. 409 , as amended), while the City Fiscal and assistants have the power to issue subpoenas, the attendance of an absent or recalcitrant witness can be enforced only by application to the proper Municipal Court or Court of First Instance. This procedure affords the subpoenaed person an opportunity to question the validity, propriety, and reasonableness of the subpoena before the court. A contempt proceeding lies only after the court orders compliance and the person fails to comply. Here, the petitioner filed the contempt petitions without first applying to the court for enforcement of the subpoenas.
2. The subpoenas were improperly issued. The power of the City Fiscal to issue subpoenas extends to cases pending investigation before him. In this instance, the subpoenas were issued for witnesses to give evidence in Criminal Case No. 47152, which was already pending trial before a branch of the Court of First Instance of Manila. Once a complaint or information has been filed in court, it is the court that should issue the necessary processes.