GR 45357; (June, 1938) (Digest)
G.R. No. 45357 ; June 27, 1938
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ELIGIO OVILLA, defendant. PETRA FLORES, complainant-appellant.
FACTS
The offended party, Petra Flores, appealed an order of the Court of First Instance of Laguna dismissing a criminal case against Eligio Ovilla. The dismissal was based on a motion by the provincial fiscal after he conducted his own investigation. The case had been previously remanded to the Court of First Instance by a justice of the peace, who, after a preliminary investigation, found probable cause to prosecute an offense within the court’s jurisdiction.
ISSUE
Whether the provincial fiscal has the authority to conduct another preliminary investigation after the justice of the peace has already conducted one and found probable cause, and thereafter move for the dismissal of the criminal case remanded to the Court of First Instance.
RULING
Yes. The provincial fiscal has both the power and the duty to investigate the facts of a case remanded by a justice of the peace to the Court of First Instance, even after a prior preliminary investigation by the justice of the peace. This investigation is for the purpose of determining whether prima facie evidence exists to establish the accused’s guilt. If, after such investigation, the fiscal believes the evidence is insufficient, it is his duty to move the court for dismissal. However, the power to dismiss remains solely with the court, which may grant or deny the fiscal’s motion in its sound discretion. In this case, the provincial fiscal acted within his authority under the Revised Administrative Code, and the trial court did not err in granting the motion to dismiss. The order appealed from was affirmed.
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