APRIT. CASuS us
ALFREDO C. MENDOZA v. PEOPLE OF THE PHILIPPINES and
JUNO CARS, INC.
G.R. NO. 197293, 21 Apsil 2014, THIRD DIVISION (Leonen )
phrase “upon probable ‘atme to be delerenined personally ty the judge afer
ccaminaticn amor cath or afrmation of the complainant and the witnesis be may prsdice”
lions a eormiuaton of provable ase by he jude ex parte
Juno CarsIne, hized Alfiedo C. Mendoza asa trade-in /used car supervisor
Upon a partial audit conducted by its dealer/operator, ic was discovered that
five (3) cats heel been sold and released by Mendoza without the dealer's or the
finance manager's permistion. ‘he said audit also showed that the buyers of the
said cars macle payments but Mendoza fated to remit snch payments. Juno Cars
Filed a complaint against Mendova alleging that the latter pilfered an amount te
ity prejudice and damage. Mendoza raised Juno Cary’ supposed falluse to prove
ownesship over the five (6) cars or its right to possess them with the purported
unremicied payments. Hence, it could not have suffered damage,
Prosecutor Rey F, Delgado issned 2 resolution finding: probable cause and,
sscommending the filing of information against Mendoza for qualified theft and
eetaja. The RTC thea issued an order dismissing che complaint stating that the
‘evidence adduced does not support 4 finding of probable euse for dhe offenses.
Jano Cars thea fled a petition for certiorari with the Court of Appeals (CA),
arguing that the determination of probable eause and the decision whether ot
not file x criminal case in court rightfully belongs to the public prosceutos. The
CA then teversed the decision of the RYC and reinstated the case, ruling that
trial court acted without oF in excess of iss jurisdiction in supplinting the public
prosecutors fadings Uf probable cause with her own findings of insulliciency of
evidence and lack of probable cause.
ISSUE:
“May the trial couct dismiss an information filed by the prosecutor on the
basis of its own independent Ending of lick of probable cause?
UST VAW TAW REVIEW. YOR. LYIM, No. 2: ApRUL 2004oy RECENY JURISPRUDENEL
RULING:
Yes. While the information tiled by Prosecutur Delgado was valid, Jadge
Capeo-Lmali sill had the discretion to makeher own findiaus of whether probable
‘cause existed to order the arrest of Mendoza and proceed with trial’The exceutive
detertnination of probable cause concerns itself with wether there ig enough
evidence £0 support an Information being fled, The judicial determination of
probable cause, on the other hand, determines whether a warrant of arrest should
be issued. The Constination prob
irs the issuance of search warrants of wartants
of atrest where the judge has not personelly determined the existence of probable
cause, ‘The phrase “upon probable cause ro he deveemined personally by the judge
‘fice examination under veth or affirmation of the complainant and the witnesses
‘he may produce” allows a deterinination of probable cause by the judge ex parte.
For this season, Scetion 6, paragraph (a) of Rule 112 of the Rules on Criminal
Procedure mandates the judge co “immediately dismiss the eave if the evidence
on recoed fail t0 establish probable cause.” Accondingl, with the present laws
and jutigpradence on the matier, Judge Capco-Lmali correctly dismissed the case
against Mendozs.
PEOPLE OF THE PHILIPPINES v. EDGAR JUMAWAN
GR. NO. 187495, 21 April 2014, FIRST DIVISION (Reyes |.)
A marriage fico sisi not be sewed ac a Heente for a hnrband w forcibly nape
‘his mie wath inpumity, Tlasbands de no! have property rights ever their ss" butkes, Sessal
intercon, albeit within the realm of tnarriags, if nol consensual, ic expe,
Accused-appellant dvr Jumewan is macried ra KKK, to whom he has
lived together and raised four (4) children, As the owsset, conjugal intimacy did
‘ot cause marital problems between KKK and Jumawan. However, through the
years, he started ta he broval in bed. The physical pain she experiences during
lovemaking caused her to resist his sexual ambush ‘Lais evenmualy lec the spouses
to quarrel upon his complaint that she fais to artend ty him. KKK said that
Jamaovan freed her