View full case

JULIANA P. YAP v. MARTIN PARAS

FACTS:

Juliana P. Yap and Martin Paras, siblings who inherited a property, are in a dispute over ownership. Yap claims that Paras sold his share in the property to her in 1971, while Paras sold the same property to Santiago Saya-ang in 1990. Yap filed a complaint for estafa against Paras and Saya-ang when she found out about the second sale. She also filed a complaint to nullify the sale with the Regional Trial Court. However, Judge Alfredo D. Barcelona, Sr., the trial judge, dismissed the criminal case before arraignment, citing a prejudicial question. Yap filed a motion for reconsideration, which was denied. She then sought redress by filing a special civil action for certiorari with the Supreme Court. Yap argues that the criminal action should only be suspended, not dismissed, and upon the petition of the defendant. The Supreme Court notes that Atty. Alfredo L. Barcelona, Jr., who represents Paras, is the son of Judge Barcelona, but denies any bias. The Supreme Court finds that the judge committed grave abuse of discretion in dismissing the criminal case, as there was a misapprehension of the concept of a prejudicial question.

ISSUES:

  1. Whether the trial judge committed grave abuse of discretion in dismissing the criminal case on the ground of a prejudicial question.

  2. Whether double jeopardy would attach if the order of dismissal is reversed.

RULING:

  1. Yes, the trial judge committed grave abuse of discretion in dismissing the criminal case on the ground of a prejudicial question. The judge's act of motu proprio dismissing the case goes against the provision of Section 6, Rule 111 of the 1985 Rules on Criminal Procedure, which states that the suspension may only be made upon petition and not at the instance of the judge alone.

  2. No, double jeopardy would not attach if the order of dismissal is reversed since the accused has not yet been arraigned.

PRINCIPLES:

  • A judge may not motu proprio dismiss a criminal case on the ground of a prejudicial question. Suspension may only be made upon petition in accordance with the Rules of Court. (Section 6, Rule 111 of the 1985 Rules on Criminal Procedure)

  • Double jeopardy does not attach if the accused has not yet been arraigned.