G.R. No. L-18562 - JULY 1961 - PHILIPPINE JURISPRUDENCE CASE NUMBERCASE TITLE G.R. No. L-18562July 31, 1961 University of the Philippines, et al. vs. City Fiscal of Quezon City G.R. No. L-16929July 31, 1961 Estanislawa Canlas vs. Chan Lin Po, et al. G.R. No. L-16734July 31, 1961 In re: Maria V. Lindayag Maria V. Lindayag vs. Dioscoro M. Dana G.R. No. L-16578July 31, 1961 Eulalio Paringit vs. Honorato Masakayan, et al. G.R. No. L-16165July 31, 1961 Pedro S. Alialy, et al. vs. Commission on Elections G.R. No. L-15971July 31, 1961 Pedro Rebadulia, et al. vs. Emilio Benitez, et al. G.R. No. L-15954July 31, 1961 People of the Philippines vs. Benito R. de la Cruz, et al. G.R. No. L-15862July 31, 1961 Paulo Ang, et al. vs. Fulton Fire Insurance Co., et al. G.R. No. L-15693July 31, 1961 Lucia Pitogo vs. Sen Bee Trading Company, et al. G.R. No. L-16685July 31, 1961 Regina, Incorporated, et al. vs. Jose Arnado, et al. G.R. No. L-16061July 31, 1961 Benjamin Leung vs. F. A. Fuentes, et al. G.R. No. L-15582July 31, 1961 Felix Lectura vs. Regional Office No. 3 Under Department of Labor, et al. G.R. No. L-15371July 31, 1961 Marcelo Liwanag vs. Central Azucarera Don Pedro G.R. No. L-15363July 31, 1961 National Labor Union vs. Insular-Yebana Tobacco Corp. G.R. Nos. L-15230 and L-15979-81July 31, 1961 People of the Philippines vs. Renato Delvin, et al. G.R. No. L-17056July 31, 1961 Fred Wilson & Co., Inc. vs. Meliton C. Parducho, etc., et al. G.R. No. L-16781July 31, 1961 Chin Hua Trading Company, et al. vs. Atanacio A. Mardo, et al. G.R. No. L-16660July 31, 1961 Vicente Romero vs. Angel Hernando, etc., et al. G.R. No. L-15377July 31, 1961 Numeriana Raganas vs. Sen Bee Trading Company, et al. G.R. No. L-15138July 31, 1961 Bill Miller vs. Atanacio A. Mardo, et al. G.R. No. L-14759July 31, 1961 Earnshaws Docks & Honolulu Iron Works vs. Atanacio A. Mardo, et al. G.R. No. L-14738July 31, 1961 Pampanga Sugar Development Company, Inc. vs. F.A. Fuentes, et al. G.R. No. L-14657July 31, 1961 Pablo Feliciano vs. Ladislao Pasicolan G.R. No. L-14575July 31, 1961 Mithi ng Bayan Cooperative Marketing Association, Inc. vs. J. Antonio Araneta G.R. No. L-14551July 31, 1961 Maximo Baquiran vs. Court of Appeals, et al. G.R. No. L-14757July 31, 1961 Eulogio Berja vs. Edwin Fernandez G.R. No. L-14212July 31, 1961 Cu Bu Liong vs. Juliano E. Estrella, et al. G.R. No. L-13945July 31, 1961 Mercy A. de Vera, et al. vs. Flordeliza Paloma Supitran, et al. G.R. No. L-13798July 31, 1961 Cipriano E. Unson vs. Arsenio H. Lacson, et al. G.R. No. L-12938July 31, 1961 In re: Rafael Yap Rafael Yap vs. Republic of the Philippines G.R. No. L-12903July 31, 1961 Pedro C. Pastoral vs. Commissioners of the Workmen's Compensation Commission, et al. G.R. No. L-12736July 31, 1961 Francisco L. Lazatin vs. Angel C. Twaño, et al. G.R. No. L-11827July 31, 1961 Fernando A. Gaite vs. Isabelo Fonacier, et al. A.C. No. 321July 31, 1961 National Bureau of Investigation vs. Minerva L. Morada G.R. No. L-11926July 30, 1961 National Rice & Corn Corporation vs. Juan Antonio G.R. No. L-15424July 28, 1961 Alberto de Santos, et al. vs. Jose N. Santos G.R. No. L-16815July 24, 1961 Arsenio L. Canlas, et al. vs. Bernabe de Aquino, et al. G.R. No. L-15055July 21, 1961 Consolacion Rosete, et al. vs. Pablo Rosete G.R. No. L-12429July 21, 1961 Ermidia A. Mariano vs. Royal Interocean Lines, et al. G.R. No. L-17692July 20, 1961 Kaisahan ng mga Manggagawa sa la Campana vs. Hermogenes Caluag, etc., et al. G.R. No. L-16439July 20, 1961 Antonio Geluz vs. Court of Appeals, et al. G.R. No. L-15341July 20, 1961 In re: Jose Collantes Felix Collantes, et al. vs. Juan M. Collantes, et al. G.R. No. L-14345July 20, 1961 Faustino Lagrimas vs. Justice of the Peace of Camiling, et al. The Lawphil Project - Arellano Law Foundation, Inc. University of the Philippines, et al. vs. City Fiscal of Quezon City Estanislawa Canlas vs. Chan Lin Po, et al. In re: Maria V. Lindayag Maria V. Lindayag vs. Dioscoro M. Dana Eulalio Paringit vs. Honorato Masakayan, et al. Pedro S. Alialy, et al. vs. Commission on Elections Pedro Rebadulia, et al. vs. Emilio Benitez, et al. People of the Philippines vs. Benito R. de la Cruz, et al. Paulo Ang, et al. vs. Fulton Fire Insurance Co., et al. Lucia Pitogo vs. Sen Bee Trading Company, et al. Regina, Incorporated, et al. vs. Jose Arnado, et al. Benjamin Leung vs. F. A. Fuentes, et al. Felix Lectura vs. Regional Office No. 3 Under Department of Labor, et al. Marcelo Liwanag vs. Central Azucarera Don Pedro National Labor Union vs. Insular-Yebana Tobacco Corp. People of the Philippines vs. Renato Delvin, et al. Fred Wilson & Co., Inc. vs. Meliton C. Parducho, etc., et al. Chin Hua Trading Company, et al. vs. Atanacio A. Mardo, et al. Vicente Romero vs. Angel Hernando, etc., et al. Numeriana Raganas vs. Sen Bee Trading Company, et al. Bill Miller vs. Atanacio A. Mardo, et al. Earnshaws Docks & Honolulu Iron Works vs. Atanacio A. Mardo, et al. Pampanga Sugar Development Company, Inc. vs. F.A. Fuentes, et al. Pablo Feliciano vs. Ladislao Pasicolan Mithi ng Bayan Cooperative Marketing Association, Inc. vs. J. Antonio Araneta Maximo Baquiran vs. Court of Appeals, et al. Eulogio Berja vs. Edwin Fernandez Cu Bu Liong vs. Juliano E. Estrella, et al. Mercy A. de Vera, et al. vs. Flordeliza Paloma Supitran, et al. Cipriano E. Unson vs. Arsenio H. Lacson, et al. In re: Rafael Yap Rafael Yap vs. Republic of the Philippines Pedro C. Pastoral vs. Commissioners of the Workmen's Compensation Commission, et al. Francisco L. Lazatin vs. Angel C. Twaño, et al. Fernando A. Gaite vs. Isabelo Fonacier, et al. National Bureau of Investigation vs. Minerva L. Morada National Rice & Corn Corporation vs. Juan Antonio Alberto de Santos, et al. vs. Jose N. Santos Arsenio L. Canlas, et al. vs. Bernabe de Aquino, et al. Consolacion Rosete, et al. vs. Pablo Rosete Ermidia A. Mariano vs. Royal Interocean Lines, et al. Kaisahan ng mga Manggagawa sa la Campana vs. Hermogenes Caluag, etc., et al. Antonio Geluz vs. Court of Appeals, et al. In re: Jose Collantes Felix Collantes, et al. vs. Juan M. Collantes, et al. Faustino Lagrimas vs. Justice of the Peace of Camiling, et al. The Lawphil Project - Arellano Law Foundation, Inc.
Republic of the Philippines
SUPREME COURT
Manila
EN BANC
G.R. No. L-18562 July 31, 1961
UNIVERSITY OF THE PHILIPPINES, ET AL.,petitioners,
vs.
THE CITY FISCAL OF QUEZON CITY,respondent.
Perfecto V. Fernandez and Pacifico Agabin for petitioners.
The City Fiscal of Quezon City for and in his own behalf as respondent.
DIZON,J.:
This is an original petition seeking to restrain, prohibit and enjoin the City Fiscal of Quezon City and his assistants from filing any criminal information and/or prosecuting the same in court against petitioners Tomas S. Fonacier and Leopoldo Y. Yabes, for acts connected with the publication and circulation of the Golden Jubilee issue of the Philippine Social Sciences and Humanities Review, particularly the item or article entitled "The Peasant War in the Philippines" — A Study of the Causes of Social Unrest in the Philippines — An Analysis of the Philippine Political Economy. Principal allegations thereof are:
That petitioners Fonacier and Yabes are the editor and managing editor, respectively, of the Philippine Social Sciences and Humanities Review, a publication primarily devoted to recent papers and monographs of scholarly merit in the Social Sciences and Humanities, published in connection with research and studies in the Arts and Sciences made in the University of the Philippines; that the Review is not for distribution to the public at large but is confined to the University of the Philippines and its correspondent universities and libraries abroad, with the exception of a few copies sold occasionally to private researchers; that on the occasion of the Golden Jubilee of the University of the Philippines the article mentioned heretofore partly entitled "The Peasant War in the Philippines . . ." was published sometime in July, 1959 in the Golden Jubilee issue of the Review; that 2,000 copies of the issue were printed, of which 500 were sent to various correspondent institutions of learning and research abroad, and 1,500 distributed among faculty members, alumni and students of the University of the Philippines engaged in the study of social sciences and humanities; that on or about June 7, 1961 Carlos Albert filed a verified complaint with the respondent City Fiscal charging petitioners Fonacier and Yabes with having committed incitement to sedition defined and penalized in Article 142 of the Revised Penal Code, in connection with which the respondent City Fiscal through his assistant, Miguel Halili, Jr., conducted a preliminary investigation on June 29, 1961; that as a result of said preliminary investigation the respondent City Fiscal, either by himself or through one of his assistants, "threatens and is about to file an information against petitioners Tomas S. Fonacier and Leopoldo Y. Yabes charging them with a criminal offense for acts performed in the publication and circulation of said Golden Jubilee issue of the review, more particularly for the publication and circulation of the historical article entitled 'The Peasant War in the Philippines . . .'"; that the filing of such information "constitutes harassment as well as the exercise of public power in an irresponsible, oppressive and arbitrary manner" and "would clearly amount to an excess of jurisdiction or a grave abuse of discretion" on the part of the respondent City Fiscal, and would "directly infringe upon and injure the academic freedom guaranteed to the petitioners by the Constitution", and would inflict "incalculable harm on the academic and research functions of petitioner University of the Philippines".
The question before us, therefore, is whether upon the facts alleged in the petition, it would be proper to enjoin, restrain and prohibit the respondent City Fiscal and his assistants from filing an information against petitioners Fonacier and Yabes charging them with a violation of Article 142 of the Revised Penal Code.
It is almost unnecessary to state that it is not only the privilege but the sworn duty of the respondent City Fiscal, upon the filing of a complaint with his office charging a person with the commission of a criminal offense, to conduct an investigation thereof and subsequently to file the corresponding information should the evidence presented to him sufficiently prove, in his opinion, that a criminal offense had been committed and that the party charged was probably guilty, thereof. Consequently, the general rule in this jurisdiction is that neither an injunction (preliminary or final) nor a writ of prohibition may be issued by the courts to restrain a criminal prosecution (Kwong Sing vs. City of Manila, 41 Phil. 103, 112) except in the extreme case where it is necessary for the courts to do so for the orderly administration of justice or to prevent the use of the strong arm of the law in an oppressive or vindictive manner (Dimayuga vs. Fernandez, 43 Phil. 304, 307).
Upon the facts alleged in the petition, we cannot find our way clear to holding that should the respondent City Fiscal file an information against petitioners Fonacier and Yabes for a violation of the provisions of Article 142 of the Revised Penal Code because, in his opinion, the evidence on hand justifies such action, the filing of the information would be against the orderly administration of justice or would amount to using the strong arm of the law in an oppressive or vindictive manner. To the contrary, if the said respondent finally decides to file the information referred to against the already named petitioners the presumption must be that his action was justified by the evidence presented to him or his office in the course of the preliminary investigation already made, there being a presumption that official duty has been regularly performed.
IN VIEW OF THE FOREGOING, the petition for preliminary injunction and the main petition for prohibition are hereby denied for lack of merit.
Bengzon, C.J., Padilla, Labrador, Concepcion, Reyes, J.B.L., Barrera, Paredes, De Leon and Natividad, JJ.,concur.