G.R. No. 170609 -13; January 30, 2009
BERNIE G. MIAQUE, Petitioner, vs. HON. VIRGILIO M. PATAG, in his capacity as Presiding Judge of the Regional Trial Court of Iloilo City, Branch 33, VICENTE C. ARAGONA, and PEOPLE OF THE PHILIPPINES, Respondents.

FACTS

On January 31, 2000, five Informations for libel were filed in the RTC of Iloilo City, Branch 26, against petitioner Bernie G. Miaque and three others. In an order dated February 17, 2005, these Informations were quashed for lack of jurisdiction over the offenses charged, as they failed to allege either that private respondent Vicente Aragona actually held office in Iloilo City at the time of the commission of the offenses or that the alleged libelous remarks were printed or first published in Iloilo City. On June 22, 2005, Assistant Provincial Prosecutor Jerry Marañon issued a resolution recommending the filing of new Informations for libel. Accordingly, five new Informations, docketed as Criminal Case Nos. 05-61407 to 05-61411, were filed against petitioner and his co-accused in the RTC of Iloilo City, Branch 33, presided by respondent Judge Virgilio M. Patag. The new Informations were similarly worded but added allegations that Aragona held office at the Hall of Justice, Iloilo City, or that the libelous remarks were written, printed, and published in Iloilo City. Petitioner filed motions not to issue warrants of arrest and to remand the Informations to the Provincial Prosecutor’s Office for preliminary investigation. Respondent judge denied these motions on August 25, 2005, on the ground that petitioner was beyond the court’s jurisdiction as he was not under its custody. Petitioner’s motion for reconsideration was denied on September 19, 2005.

ISSUE

Whether the Regional Trial Court acquired jurisdiction over the criminal cases given that the new Informations were filed by the Iloilo Provincial Prosecutor’s Office, which allegedly lacked authority to file them for offenses committed within Iloilo City.

RULING

The Supreme Court granted the petition. The Informations must be quashed. The authority to sign and file the new Informations for offenses alleged to have been committed in Iloilo City is properly lodged with the Iloilo City Prosecutor’s Office, as provided by the Charter of the City of Iloilo. The Iloilo Provincial Prosecutor’s Office was bereft of authority to file the new Informations. An Information, when required by law to be filed by a public prosecuting officer, cannot be filed by another. The court does not acquire jurisdiction over the case because there is a defect in the Information. The common infirmity in the Informations constituted a jurisdictional defect that could not be cured. Consequently, the orders dated August 25, 2005 and September 19, 2005 were reversed and set aside. Criminal Case Nos. 05-61407 to 05-61411 were dismissed without prejudice to the filing of new Informations by an authorized officer, and the warrants of arrest issued were quashed.