Criminal Procedure
People of the Philippines v. Hon. Zeida Aurora B. Garfin
G.R. No. 153176
March 29, 2004
FACTS:
On June 22, 2001, private respondent was charged with violation the Social Security
Act in an information. The information contains a certification signed by State Prosecutor
Romulo SJ. Tolentino.
The accused filed a motion to dismiss on the ground that the information was filed
without the prior written authority or approval of the city prosecutor as required under
Section 4, Rule 112 of the Revised Rules of Court.
After considering the arguments raised, the trial court granted the motion to dismiss.
On April 3, 2002, respondent judge issued the second questioned Order which reads:
ISSUE:
Whether an Information may be filed by a Regional State Prosecutor without the prior
written authority or approval of the city or provincial prosecutor
RULING:
NO. Under P.D. 1275, the Regional State Prosecutor is clearly vested only with the
power of administrative supervision. As administrative supervisor, he has no power to direct
the city and provincial prosecutors to inhibit from handling certain cases. At most, he can
request for their inhibition. Hence, the said directive of the regional state prosecutor to the
city and provincial prosecutors is questionable to say the least.
The power of administrative supervision is limited to "the authority of the department
or its equivalent to generally oversee the operations of such agencies and to insure that they
are managed effectively, efficiently and economically but without interference with day-today activities; or require the submission of reports and cause the conduct of management
audit, performance evaluation and inspection to determine compliance with policies,
standards and guidelines of the department; to take such action as may be necessary for the
proper performance of official functions, including rectification of violations, abuses and
other forms of maladministration; and to review and pass upon budget proposals of such
agencies but may not increase or add to them."36 This is distinguished from the power of
"supervision and control" which includes the authority "to act directly whenever a specific
function is entrusted by law or regulation to a subordinate; direct the performance of duty;
restrain the commission of acts; review, approve, reverse or modify acts and decisions of
subordinate officials or units; determine priorities in the execution of plans and programs;
and prescribe standards, guidelines, plans and programs."37