Professional Documents
Culture Documents
_______________
*
FIRST DIVISION.
610
610
clearly unjustified. The instant petition has not alleged any such
extraneous circumstance. Moreover, as worded, the certification
cannot even be regarded as substantial compliance with the
procedural requirement. Thus, the CA was not informed whether,
aside from the petition before it, petitioner had commenced any
other action involving the same issues in other tribunals.
Same Certiorari Instances where the acts of a quasijudicial
officer may be assailed by the aggrieved party via a petition for
certiorari and enjoined.In MendozaArce v. Office of the
Ombudsman (Visayas), 380 SCRA 325 (2002), this Court held that
the acts of a quasijudicial officer may be assailed by the
aggrieved party via a petition for certiorari and enjoined (a) when
necessary to afford adequate protection to the constitutional
rights of the accused (b) when necessary for the orderly
administration of justice (c) when the acts of the officer are
without or in excess of authority (d) where the charges are
manifestly false and motivated by the lust for vengeance and (e)
when there is clearly no prima facie case against the accused. The
Court also declared that, if the officer conducting a preliminary
investigation (in that case, the Office of the Ombudsman) acts
without or in excess of his authority and resolves to file an
Information despite the absence of probable cause, such act may
be nullified by a writ of certiorari.
Same Same Same The Investigating Prosecutor acts without
or in excess of his authority under the Rule if the Information is
filed against the respondent despite absence of evidence showing
probable cause therefor.Under Section 4, Rule 112 of the 2000
Rules of Criminal Procedure, the Information shall be prepared
by the Investigating Prosecutor against the respondent only if he
or she finds probable cause to hold such respondent for trial. The
Investigating Prosecutor acts without or in excess of his authority
under the Rule if the Information is filed against the respondent
611
conditions of the trust receipt (2) receive the proceeds in trust for
the entruster and turn over the same to the entruster to the
extent of the amount owing to the entruster or as appears on the
trust receipt (3) insure the goods for their total value against loss
from fire, theft, pilferage or other casualties (4) keep said goods
or proceeds thereof whether in money or whatever form, separate
and capable of identification as property of the entruster (5)
return the goods, documents or instruments in the event of non
sale or upon demand of the entruster and (6) observe all other
terms and conditions of the trust receipt not contrary to the
provisions of the decree.
Same The transaction between petitioner and respondent
bank falls under the trust receipt transactions envisaged in P.D.
No. 115.
612
612
613
614
615
Date Maturity
Granted Date
Principal
Description of
Goods
1845 1205
80
1853 1208
80
030681 P198,150.67
1824 1128
80
022681 P707,879.71
_______________
Penned by Associate Justice Salvador J. Valdez, Jr., with Associate
616
Bricks
1798 1121
80
0219
81
P835,526.25
1808 1121
80
0219
81
P370,332.52
2042 0130
81
0430
81
P469,669.29
High Fired
Refractory
Nozzle Bricks
1801 1121
80
0219
81
1857 1209
80
0309
81
P197,843.61
1895 1217
80
0317
81
P67,652.04
1911 1222
80
0320
81
P91,497.85
2041 0130
81
0430
81
P91,456.97
2099 0210
81
0511
81
P66,162.26
2100 0210
81
0512
81
P210,748.00
617
Annex C, Id.
Annex D, Id.
10
618
12
Id., at p. 254.
13
14
Records, p. 6.
15
619
17
620
18
Records, p. 140.
19
621
to notify this
Honorable Court within five (5) days from
20
such notice.
In its Comment on the petition, the Office of the
Solicitor General alleged that
A.
THE HONORABLE SECRETARY OF JUSTICE CORRECTLY
RULED THAT PETITIONER ALFREDO CHING IS THE
OFFICER RESPONSIBLE FOR THE OFFENSE CHARGED
AND THAT THE ACTS OF PETITIONER FALL WITHIN THE
AMBIT OF VIOLATION OF P.D. [No.] 115 IN RELATION TO
ARTICLE 315, PAR. 1(B) OF THE REVISED PENAL CODE.
B.
THERE IS NO MERIT IN PETITIONERS CONTENTION
THAT EXCESSIVE DELAY HAS MARRED THE CONDUCT OF
THE PRELIMINARY INVESTIGATION OF THE CASE,
JUSTIFYING ITS DISMISSAL.
C.
THE
PRESENT
SPECIAL
CIVIL
ACTION
FOR
CERTIORARI, PROHIBITION AND MANDAMUS IS NOT THE
PROPER MODE OF REVIEW FROM THE RESOLUTION OF
THE DEPARTMENT OF JUSTICE. THE
PRESENT PETITION
21
MUST THEREFORE BE DISMISSED.
_______________
20
Id., at p. 59.
21
622
The Court will delve into and resolve the issues seriatim.
The petitioner avers that the CA erred in dismissing his
petition on a mere technicality. He claims that the rules of
procedure should be used to promote, not frustrate,
substantial justice. He insists that the Rules of Court
should be construed liberally especially when, as in this
case, his substantial rights are adversely affected hence,
23
Rollo, p. 34.
623
623
25
624
xxx
The petitioner shall also submit together with the petition a
sworn certification that he has not theretofore commenced any
other action involving the same issues in the Supreme Court, the
Court of Appeals or different divisions thereof, or any other
tribunal or agency if there is such other action or proceeding, he
must state the status of the same and if he should thereafter
learn that a similar action or proceeding has been filed or is
pending before the Supreme Court, the Court of Appeals, or
different divisions thereof, or any other tribunal or agency, he
undertakes to promptly inform the aforesaid courts and other
tribunal or agency thereof within five (5) days therefrom. x x x
27
625
626
627
offense
is
committed
by
corporation,
partnership,
628
30
31
32
33
The Court approved the revised rules on October 3, 2000, which took
629
Nava v. Commission on Audit, 419 Phil. 544 367 SCRA 263 (2001).
36
37
Drilon v. Court of Appeals, 327 Phil. 916, 923 258 SCRA 280, 286
(1996).
630
630
holding 38
trials arising from false, fraudulent or groundless
charges.
In this case, petitioner failed to establish that the
Secretary of Justice committed grave abuse of discretion in
issuing the assailed resolutions. Indeed, he acted in accord
with law and the evidence.
Section 4 of P.D. No. 115 defines a trust receipt
transaction, thus:
Section 4. What constitutes a trust receipt transaction.A trust
receipt transaction, within the meaning of this Decree, is any
transaction by and between a person referred to in this Decree as
the entruster, and another person referred to in this Decree as
entrustee, whereby the entruster, who owns or holds absolute title
or security interests over certain specified goods, documents or
instruments, releases the same to the possession of the entrustee
upon the latters execution and delivery to the entruster of a
signed document called a trust receipt wherein the entrustee
People v. Court of Appeals, 361 Phil. 401, 412413 301 SCRA 475, 485 (1999),
631
631
40
632
same within ____days from the date of the execution of this Trust
Receipt and for the Banks account, but without authority to make
any other disposition whatsoever of the said goods or any part
thereof (or the proceeds) either by way of conditional sale, pledge
or otherwise.
I/we agree to keep the said goods insured to their full value
against loss from fire, theft, pilferage or other casualties as
directed by the BANK, the sum insured to be payable in case of
loss to the BANK, with the understanding that the BANK is, not
to be chargeable with the storage premium or insurance or any
other expenses incurred on said goods.
In case of sale, I/we further agree to turn over the proceeds
thereof as soon as received to the BANK, to apply against the
relative acceptances (as described above) and for the payment of
any other indebtedness of mine/ours to the BANK. In case of non
sale within the period specified herein, I/we agree to return the
goods under this Trust Receipt to the BANK without any need of
demand.
I/we agree to keep the said goods, manufactured products or
proceeds thereof, whether in the form of money or bills,
receivables, or accounts
separate and capable of identification as
42
property of the BANK.
_______________
41
42
633
45
46
Id., at pp. 119120 p. 619, citing People v. Cuevo, 104 SCRA 312, 318
(1981).
634
634
reads:
Section 13. Penalty Clause.The failure of an entrustee to turn
over the proceeds of the sale of the goods, documents or
instruments covered by a trust receipt to the extent of the amount
owing to the entruster or as appears in the trust receipt or to
return said goods, documents or instruments if they were not sold
or disposed of in accordance with the terms of the trust receipt
shall constitute the crime of estafa, punishable under the
provisions of Article Three hundred and fifteen, paragraph one (b)
of Act Numbered Three thousand eight hundred and fifteen, as
amended, otherwise known as the Revised Penal Code. If the
violation or offense is committed by a corporation, partnership,
association or other juridical entities, the penalty provided for in
this Decree shall be imposed upon the directors, officers,
employees or other officials or persons therein responsible for the
offense, without prejudice to the civil liabilities arising from the
criminal offense.
People v. Nitafan, G.R. Nos. 8155960, April 6, 1992, 207 SCRA 726.
635
635
may be imposed shall not exceed twenty years. In such cases, and
in connection with the accessory penalties which may be imposed
and for the purpose of the other provisions of this Code, the
penalty shall be termed prision mayor or reclusion temporal, as
the case may be
2nd. The penalty of prision correccional in its minimum and
medium periods, if the amount of the fraud is over 6,000 pesos but
does not exceed 12,000 pesos
3rd. The penalty of arresto mayor in its maximum period to
prision correccional in its minimum period, if such amount is over
200 pesos but does not exceed 6,000 pesos and
4th. By arresto mayor in its medium and maximum periods, if
such amount does not exceed 200 pesos, provided that in the four
cases mentioned, the fraud be committed by any of the following
means x x x
See U.S. v. Park, 421 U.S. 658, 95, S. Ct. 1903 (1975).
636
636
See Ong v. Court of Appeals, G.R. No. 119858, 499 Phil. 691 401
51
52
637
Id.
54
55
Id.
638
638
Copyright2015CentralBookSupply,Inc.Allrightsreserved.