PROVINCIAL PROSECUTOR OF ALBAY VS. LOBIANO
G.R. No. 224803, January 25,
2023
GAERLAN, J.:
Facts
Jelyn Galino, a minor, willingly left with Angeline – also a minor – because of the belief that she will be working in a restaurant in Legazpi City. To her surprise, Angeline brought her to Sampaguita Bar in Sorsogon, where she was expected to work as a guest relations officer (GRO). Angeline assured to Marivic, the owner of Sampaguita Bar, that Jelyn is 19 years old. As a GRO, she was required to drink alcohol and entertain customers, which involved kissing and other lascivious conduct.
Jelyn, together with another
minor, Danny was rescued from Sampaguita Bar and was brought to the Municipal
Station where they disclosed that it was Angeline who brought them to
Sampaguita Bar.
The OCP found probable cause to indict Marivic for the crime of Qualified Trafficking of Persons defined under Section 6 (a), in relation to Section 4(a) of R.A. No. 9208, as amended.
The RTC dismissed the case outright, "for lack of evidence to establish probable cause to justify the issuance of a warrant of arrest."
The Provincial Prosecutor filed a Petition for Certiorari before the CA, where it averred that the RTC committed grave abuse of discretion amounting to lack of jurisdiction when it dismissed the criminal case outright.
The CA ruled that the filing
of the Petition for Certiorari was the improper remedy because the RTC's Order in
dismissing the criminal case for lack of probable cause was a final order, and
thus, an appeal should have been filed instead of a Petition for Certiorari.
Issue
Whether the CA erred when it
dismissed outright the Petition for Certiorari filed by the Provincial
Prosecutor.
Ruling
Propriety of the Petition for Certiorari
In Cajipe v. People, the Court pronounced that the CA should have dismissed the Petition for Certiorari for being the wrong remedy, considering that "an appeal may be taken in a criminal action from a judgment or final order like the RTC's order dismissing the case x x x for lack of probable cause." Similarly, in Domingo v. Macapagal, the Court declared that Petition for Certiorari is an improper remedy to question the dismissal of a criminal information based on lack of probable cause because the same is a final judgement.
However, the Court finds that the CA erred when it dismissed the Petition for Certiorari outright. In Santos v. Orda, Jr., the Court enumerated instances when a Petition for Certiorari may be entertained despite being the wrong remedy:
To be sure, a petition for certiorari is dismissible for being the wrong remedy. Indeed, we have noted a number of exceptions to this general rule, to wit: 1) when public welfare and the advancement of public policy dictate; 2) when the broader interest of justice so requires; 3) when the writs issued are null and void; 4) when the questioned order amounts to an oppressive exercise of judicial authority; 5) when, for persuasive reasons, the rules may be relaxed to relieve a litigant of an injustice not commensurate with his failure to comply with the prescribed procedure; or 6) in other meritorious cases.[57] (Citation omitted)
The instant case involves a
charge of human trafficking, a crime that this Court has described as "so
abhorrent and reprehensible that is characterized by sexual violence and
slavery." Clearly, the case involves public interest, and public policy
and welfare justify giving due course to the Petition for Certiorari. In fact,
in Young v. People, a case involving similar circumstances, resort to a
Petition for Certiorari was allowed in the CA to question the RTC's dismissal
of a human trafficking case for lack of probable cause.
RTC's grave abuse of discretion
In De Los Santos-Dio v. Court of Appeals, the Court clarified that a judge may only dismiss the case for lack of probable cause in clear-cut cases when the evidence plainly fails to establish probable cause:
In this regard, so as not to transgress the public prosecutor's authority, it must be stressed that the judge's dismissal of a case must be done only in clear-cut cases when the evidence on record plainly fails to establish probable cause — that is when the records readily show uncontroverted, and thus, established facts which unmistakably negate the existence of the elements of the crime charged. On the contrary, if the evidence on record shows that, more likely than not, the crime charged has been committed and that respondent is probably guilty of the same, the judge should not dismiss the case and thereon, order the parties to proceed to trial. In doubtful cases, however, the appropriate course of action would be to order the presentation of additional evidence.
Applying this standard, an examination of the evidence shows that a prima facie case for violation of R.A. No. 9208, as amended by R.A. No. 10364 exists against Marivic.
Section 4(a) and Section 6(a) of R.A. No. 9208, as amended, provide:
Section 4. Acts of Trafficking in Persons. - It shall be unlawful for any person, natural or juridical, to commit any of the following acts:
(a) To recruit, obtain, hire, provide, offer, transport, transfer, maintain, harbor, or receive a person by any means, including those done under the pretext of domestic or overseas employment or training or apprenticeship, for the purpose of prostitution, pornography, or sexual exploitation;
x x x x
Section 6. Qualified Trafficking in Persons. - The following are considered as qualified trafficking:
(a) When the trafficked person is a child;
x x x x.
Here, it is uncontroverted
that: (1) Jelyn was a minor when Marivic received and hired her to work in
Sampaguita Bar; (2) Marivic did not take steps to ensure that Jelyn was of
legal age when she received and hired her; (3) while Jelyn appears to have "volunteered"
to work in Sampaguita Bar, the means by which she was recruited is immaterial
because she is a minor; and (4) Jelyn's work involved prostitution, or the use
of a person by another for lascivious conduct in exchange for money, profit or
any other consideration, which Marivic cannot feign ignorance of because of the
very nature of the said work.
