Monday, March 24, 2014

AUTHORITY TO SIGN AND FILE NEW INFORMATION:

     The authority to sign and file the new Informations is properly lodged with the Iloilo City Prosecutor’s Office. The Iloilo Provincial Prosecutor’s Office was clearly bereft of authority to file the new Informations against petitioner. An Information, when required by law to be filed by a public prosecuting officer, cannot be filed by another The court does not acquire jurisdiction over the case because there is a defect in the Information. The Supreme Court held in People v. Hon. Garfin: “It is a valid information signed by a competent officer which, among other requisites, confers jurisdiction on the court over the person of the accused and the subject matter thereof. x x x Questions relating to lack of jurisdiction may be raised at any stage of the proceeding. An infirmity in the information, such as lack of authority of the officer signing it, cannot be cured by silence, acquiescence, or even by express consent” x x  x (MIAQUE vs. PATAG, G.R. Nos. 170609-13, January 30, 2009, First Division, Corona, J.).

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