CARLITO U. ALVIZO, vs. . THE SANDIGANBAYAN (THIRD DIVISION).
- G.R. Number: G.R. No. 101689
- Promulgated: 1993-03-17
Doctrine
A certification by the investigating prosecutor that he personally examined the complainant and witnesses is not essential to the validity of an information; its absence is a formal defect only.
The right to speedy disposition of cases is relative and flexible; courts balance factors such as length of delay, reasons for delay, and assertion by the accused in determining violation.
Facts
Petitioner challenged information for lacking a certification by the investigating prosecutor that he personally examined the complainant and witnesses, citing Section 4, Rule 112 of the Rules of Court.
Petitioner also alleged denial of his constitutional right to speedy disposition of his case due to delays in prosecution.
The Court reviewed the petition and found it devoid of merit, thus denying the extraordinary writs sought.
Issues
Whether the absence of the investigating prosecutor's certification that he personally examined the complainant and witnesses renders the information fatally defective.
Whether petitioner was denied his constitutional right to the speedy disposition of his case.
Ruling
The Court held that the investigating prosecutor's certification is not an essential part of the information; its absence is a mere formal defect.
On the speedy disposition claim, the Court applied the flexible, multi-factor approach (length of delay, reasons, assertion by accused) and found no violation warranting relief.
Because petitioner failed to show grave abuse of discretion or jurisdictional defect in the Sandiganbayan's resolutions, the petition was dismissed for lack of merit.
Keywords
G.R. No. 101689, REMEDIAL LAW, CRIMINAL PROCEDURE, INFORMATION, Certification by Investigating Prosecutor, Section 4, Rule 112 of the Rules of Court, formal defect, Motion to Quash, People vs. Marquez, preliminary investigation, validity of information, CONSTITUTIONAL LAW, BILL OF RIGHTS, Right to Speedy Trial, speedy disposition of cases, oppressive delay, length of delay, reasons for delay, prejudice caused by delay, conducted