RTC reverses dismissal decision of the MTCC

CEBU, Philippines – The Regional Trial Court reversed a Municipal Trial Court in Cities decision dismissing a case against a suspected thief without trial because the prosecutor’s office failed to attach a resolution finding probable cause against the accused.

RTC Judge Bienvenido Saniel granted the petition for certiorari filed by the Cebu City Prosecutor’s Office against MTCC Branch 8 Presiding Judge Edgemelo Rosales and the accused Julito Quirante.

The prosecutor’s office assailed Rosales’ order on September 10, 2008 dismissing the case against Quirante on the same day it was filed on the ground that the information was not supported by any evaluation or resolution that upheld the warrantless arrest of the accused.

Rosales cited Section 7, Rule 112 of the Revised Rules on Criminal Procedures that allegedly required the supporting evaluation or resolution upholding the legality of the arrest.

The prosecutor’s office tried to seek for reconsideration of the decision but was denied, prompting the filing of the petition for certiorari.

Saniel sustained the prosecution and overruled Rosales, saying that Section 8 of the same rule did not require evaluation or resolution holding that the warrantless arrest was proper. According to Saniel, what was required in support of the information or complaint are only affidavits and counter-affidavits.

   “Hence, the statement of the respondent judge, in its order, that such “evaluation or resolution” is “required under that section” is incorrect,” Saniel ruled.

Saniel said that Rosales dismissed the case right away without hearing the side of the prosecution to substantiate the validity of its position. He ruled that the warrantless arrest of Quirante was legal because he was caught in possession of the wallet of the victim.

Quirante was arrested by the members of the Waterfront Police in 2008 after he was positively identified by a storeowner as the one who barged into his establishment and stole his wallet.

Saniel said that the arrest was valid even without warrant because Quirante has clearly committed an offense and that the arresting officers have personal knowledge about it. Saniel ordered the setting aside of the dismissal of the case against Quirante. — Fred P. Languido/LPM (THE FREEMAN)