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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