Lanier V People

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NATURE AND PURPOSES

6 LANIER v PEOPLE, GR 189176, 19 Mar 2014


PEREZ, J.

FACTS: Pursuant to the search warrant, the police operatives recovered 10.4 grams of shabu, and 1750
grams of marijuana. Thereafter, petitioners were placed under arrest. On 18 Dec 2003, the Assistant
Provincial Prosecutor of Kalibo, Aklan filed an Information charging petitioner for violation of Sec 11, Art
II of RA 9165. However, petitioners filed for a Motion for Preliminary Investigation/Re-investigation. The
prosecutor upheld the Information and directed the return of the records to the trial court for disposition.
On 28 March 2004, however, petitioners filed a petition for review before the DOJ assailing the 8 March
2004 Resolution of the provincial prosecutor. On 6 May 2004, the Secretary of Justice acted on the petition
favorably and directed the withdrawal of the Information which directive the provincial prosecutor
heeded by filing a Motion to Withdraw Information before the trial court. The Office of the Solicitor
General (OSG) filed with the Court of Appeals a petition for certiorari seeking to annul the DOJ Resolutions
directing the withdrawal of the Information against petitioners and the RTCs Order granting the Motion
to Withdraw filed by the provincial prosecutor. On 26 September 2008, the Court of Appeals nullified and
set aside the DOJ Resolutions and the RTC Order and reinstated the Information against petitioners in
Criminal Case No. 6972.

ISSUE: Is the trial court, having acquired jurisdiction over the case, bound by the resolution of Secretary
of Justices resolution?

RULING: NO. The court emphasizes that the trial court, having acquired jurisdiction over the case, is not
bound by such resolution but is required to evaluate it before proceeding further with the trial. The RTC
erroneously held that it has not yet effectively acquired jurisdiction over the person of the accused as no
commitment order has yet been issued against them. In Crespo v. Mogul, the Court held that once a
criminal complaint or information is filed in court, any disposition of the case or dismissal or acquittal or
conviction of the accused rests within the exclusive jurisdiction, competence, and discretion of the trial
court. The rule applies to a motion to withdraw the Information or to dismiss the case even before or after
arraignment of the accused. When the trial court grants a motion of the public prosecutor to dismiss the
case, or to quash the Information, or to withdraw the Information in compliance with the directive of the
Secretary of Justice, or to deny the said motion, it does so not out of subservience to or defiance of the
directive of the Secretary of Justice but in sound exercise of its judicial prerogative.

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