GR L 2856; (March, 1950) (Digest)
G.R. No. L-2856; March 27, 1950
GO CAM, ANG TIONG, LO BOK, LIM PENG, TE CHAYE, SY BIO and MARCOS ENAGE, petitioners, vs. Hon. MAGNO S. GATMAITAN and FILEMON SAAVEDRA, respondents.
FACTS
On April 15, 1946, Ang Liongto was killed in Davao City. Multiple informations for murder were subsequently filed against different sets of individuals. The third information (Criminal Case No. 458) was filed on August 5, 1948, against petitioners Go Cam, et al., and was signed by respondent Filemon Saavedra, a special attorney in the Office of the Solicitor General detailed as a special prosecutor by the Secretary of Justice under Administrative Order No. 94. Petitioners moved to quash the information, arguing the court lacked jurisdiction because Saavedra was not authorized to sign and file the information. The Court of First Instance of Davao denied the motion and a subsequent motion for reconsideration. Petitioners then filed this special civil action for certiorari seeking to annul those orders.
ISSUE
Whether a special prosecutor, who is a special attorney in the Office of the Solicitor General and detailed by the Secretary of Justice, has the authority to sign and file an information in court.
RULING
Yes. The Supreme Court denied the petition, upholding the authority of the special prosecutor. The Court, citing its previous decision in Lo Cham v. Ocampo (77 Phil. 635), held that under Section 1686 of the Revised Administrative Code, as amended, the Secretary of Justice is empowered to appoint a lawyer to assist a fiscal or prosecuting attorney. Such an appointee, whether a subordinate from the Department of Justice or a competent person not in public service, is clothed with the same authority as might be exercised by the Attorney General or Solicitor General in the prosecution of cases. This authority includes the power to sign and file informations. Consequently, the respondent special prosecutor acted within his powers, the information was valid, and the trial court correctly denied the motion to quash. The petition was denied with costs against petitioners.
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