The Supreme Court’s decision in Quisay v. People underscores a critical procedural requirement in Philippine criminal law: the necessity of prior written authority for a prosecutor to file an Information. The Court ruled that a mere certification by an Assistant City Prosecutor (ACP) attesting to prior approval from the City Prosecutor is insufficient, especially when there is no evidence of such authorization. This ruling safeguards against potential abuses of power and ensures that criminal prosecutions are initiated only with proper oversight and approval.

Prosecutorial Power: How a Defective Information Led to a Dismissed Case

The case revolves around Girlie M. Quisay, who was charged with violating Section 10 of Republic Act No. 7610, the “Special Protection of Children Against Abuse, Exploitation and Discrimination Act.” Quisay sought to quash the Information filed against her, arguing that the ACP who filed it lacked the authority to do so. The Regional Trial Court (RTC) denied her motion, a decision initially upheld by the Court of Appeals (CA). The CA reasoned that a certification attached to the Information indicated prior approval from the City Prosecutor, and this certification should be presumed regular. The Supreme Court, however, reversed these decisions, highlighting a crucial flaw in the prosecution’s process.

Section 4, Rule 112 of the 2000 Revised Rules on Criminal Procedure mandates that no Information may be filed without the prior written authority or approval of the provincial or city prosecutor, or chief state prosecutor, or the Ombudsman or his deputy. This rule aims to prevent arbitrary or unauthorized prosecutions. Failure to comply with this requirement renders the Information defective and subject to quashal, as provided under Section 3(d), Rule 117. The Supreme Court has consistently emphasized that this is a jurisdictional defect that cannot be waived.

SECTION 4. Resolution of investigating prosecutor and its review. – If the investigating prosecutor finds cause to hold the respondent for trial, he shall prepare the resolution and information…No complaint or information may be filed or dismissed by an investigating prosecutor without the prior written authority or approval of the provincial or city prosecutor or chief state prosecutor or the Ombudsman or his deputy.

In analyzing the case, the Supreme Court acknowledged that a City Prosecutor could delegate certain powers to subordinates, as authorized by Section 9 of Republic Act No. 10071 (the “Prosecution Service Act of 2010”). This law allows the City Prosecutor to “cause to be investigated all charges of crimes…and have the necessary information or complaint prepared or made and filed against the persons accused.” The Court also recognized that Office Order No. 32 of the Office of the City Prosecutor of Makati (OCP-Makati) authorized division chiefs or review prosecutors to approve resolutions and Informations.

However, the Court drew a distinction between the Pasiya (Resolution) finding probable cause and the Pabatid Sakdal (Information) itself. While the Pasiya was validly approved by a designated review prosecutor, the Pabatid Sakdal lacked any indication of approval from either the City Prosecutor or an authorized review prosecutor. The only supporting document was a certification from the ACP stating that the Information was filed with the prior authority of the City Prosecutor. The Supreme Court found this certification insufficient.

The Court referenced prior decisions, including People v. Garfin, Turingan v. Garfin, and Tolentino v. Paqueo, where similar certifications were deemed inadequate to establish the required authority. These cases underscore the principle that a mere assertion of authority, without concrete evidence, does not suffice. In Quisay, the Court emphasized the absence of any proof that the ACP was authorized to file the Information, either through written authority from the City Prosecutor or designation as a review prosecutor. The Court found it “baffling” that the ACP secured approval for the Pasiya but failed to obtain similar approval for the Pabatid Sakdal.

The Supreme Court clarified that the presumption of regularity in the performance of official functions could not be applied solely based on the ACP’s certification. There needed to be concrete evidence demonstrating that the ACP possessed the authority to file the Information or had obtained the necessary approval from authorized personnel. This decision serves as a reminder to prosecutors to meticulously follow procedural rules and to maintain thorough documentation of their authority to act.

The practical implications of this ruling are significant. It reinforces the importance of strict adherence to the Rules of Court, particularly concerning the authority to file criminal Informations. It is a crucial reminder to the prosecution to ensure that all necessary approvals and authorizations are secured and properly documented before filing charges in court. The ruling in Quisay is a victory for procedural due process, underscoring that even in criminal cases, the government must follow the rules.

FAQs

What was the key issue in this case?	The key issue was whether the Information filed against Girlie M. Quisay was valid, considering the claim that the Assistant City Prosecutor (ACP) who filed it lacked the proper authority. The court focused on whether a certification from the ACP attesting to prior approval was sufficient.
What did the Supreme Court decide?	The Supreme Court ruled that the Information was defective because the ACP failed to demonstrate that he had the required authority or approval from the City Prosecutor to file it. The Court reversed the Court of Appeals’ decision and ordered the dismissal of the case against Quisay.
Why was the ACP’s certification deemed insufficient?	The Court found the certification self-serving and unsupported by any other evidence. The Court noted the absence of proof that the ACP was authorized or had sought the necessary approval from the City Prosecutor or a designated review prosecutor.
What is the significance of Rule 112, Section 4 of the Rules of Court?	Rule 112, Section 4 mandates that no Information may be filed without the prior written authority or approval of the provincial or city prosecutor, chief state prosecutor, or the Ombudsman. This rule is designed to ensure that criminal prosecutions are initiated with proper oversight and to prevent arbitrary or unauthorized filings.
Can a City Prosecutor delegate their authority to approve Informations?	Yes, the Supreme Court acknowledged that a City Prosecutor can delegate certain powers to subordinates. This authority is granted under Section 9 of Republic Act No. 10071, which empowers the City Prosecutor to cause the investigation of crimes and file necessary Informations.
What is the effect of filing an Information without proper authority?	Filing an Information without the required authority constitutes a jurisdictional defect. This defect cannot be cured by silence, waiver, or consent, and it can be raised at any stage of the proceedings, potentially leading to the quashing of the Information.
What is the presumption of regularity, and how did it apply (or not apply) in this case?	The presumption of regularity typically assumes that public officials perform their duties correctly. However, the Supreme Court held that this presumption could not be invoked solely based on the ACP’s certification, especially given the absence of other supporting evidence showing proper authorization.
What practical lesson does this case offer to prosecutors?	The case serves as a reminder to prosecutors to strictly adhere to procedural rules and to meticulously document their authority to file criminal Informations. Prosecutors should ensure that all necessary approvals and authorizations are obtained and properly recorded.

In conclusion, the Quisay case emphasizes the importance of adhering to procedural rules in criminal prosecutions. The requirement of prior written authority to file an Information is not a mere formality but a safeguard against potential abuse. This ruling underscores the need for careful documentation and oversight in the prosecutorial process.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: GIRLIE M. QUISAY, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT., G.R. No. 216920, January 13, 2016