GR L 23654; (March, 1969) (Digest)
G.R. No. L-23654 March 28, 1969
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellant, vs. VICENTE MARQUEZ, defendant-appellee.
FACTS
A complaint for frustrated homicide was filed with the Justice of the Peace Court of Camalig, Albay, against Vicente Marquez. The complaint was signed by Consolacion Musa Solano, the mother of the offended party, Wenceslao Solano, who was then confined in the hospital. A warrant of arrest was issued, but Marquez posted bail. He later waived his right to the second stage of the preliminary investigation. The record was remanded to the Court of First Instance, and the Provincial Fiscal filed the corresponding information. Marquez was arraigned and pleaded not guilty. On the day of the trial, without withdrawing his plea, Marquez filed a motion to dismiss, arguing that the information was null and void because the initial complaint was signed by the offended party’s mother and not by the offended party himself, a peace officer, or other authorized government employee, as required by the Rules of Court. Consequently, he contended the court lacked jurisdiction. The trial court granted the motion and dismissed the case. The People, through the Assistant Provincial Fiscal, appealed directly to the Supreme Court.
ISSUE
Whether the trial court erred in dismissing the case on the ground of lack of jurisdiction due to the allegedly invalid complaint signed by the offended party’s mother, after the accused had already pleaded not guilty to the information filed by the Provincial Fiscal.
RULING
Yes. The Supreme Court reversed the trial court’s order of dismissal. The Court held that even assuming the initial complaint was defective, the filing of the information by the Provincial Fiscal superseded the complaint. The defect in the complaint was rendered academic. Furthermore, any objection to the information, including the absence of a preliminary investigation or the fiscal’s certification thereof, must be raised before or at the time of the plea. By entering a plea of not guilty without previously objecting, Marquez waived his right to question the validity of the complaint and the information, and submitted to the jurisdiction of the court. The case was remanded to the lower court for further proceedings.