Nuñez v. Low
REITERATIONFacts
The Antecedents: Edward Dworak, Captain of Philippine Scouts and acting councilman, arrested Doroteo Saavedra for alleged ill-treatment of his wife. Saavedra was confined for fifteen days and fined P15. Subsequently, Saavedra filed a criminal complaint for illegal detention against Captain Dworak. Procedural History: Judge Herbert D. Gale issued an order holding Dworak to answer the charge and, on his own motion, disqualified the provincial attorney and assistant provincial attorney, appointing Nicolas Nuñez as special prosecuting attorney. Upon Judge Chas. A. Low's transfer to the district, the prosecuting attorney moved to annul the disqualification order. Judge Low, by order dated January 20, 1911, amended and set aside the disqualification, directing the provincial attorney and his assistants to proceed with the case. The Petition: Nicolas Nuñez filed an application for a writ of certiorari, praying for a preliminary injunction to restrain Judge Low from proceeding with the criminal case, questioning the validity of the orders issued by the Court of First Instance.
Issue(s)
Whether the Court of First Instance of the Moro Province has the authority to suspend the provincial attorney and assistant provincial attorney and appoint a temporary fiscal. Whether Judge Low exceeded his jurisdiction in issuing the order dated January 20, 1911, annulling the disqualification of the provincial attorney and assistant provincial attorney. Whether the facts presented were sufficient to justify the issuance of a preliminary injunction.
Ruling
The petition for a preliminary injunction is denied. The Court of First Instance for the Moro Province has the authority to appoint a temporary prosecuting officer when the regular officer fails or refuses to discharge his duty. The allegations in the complaint do not show such an abuse of discretion as would warrant the issuance of an order to show cause.
Ratio Decidendi
On the authority of the Court of First Instance of the Moro Province to appoint a temporary prosecuting officer: The Court held that the provisions of law authorizing a judge of the Court of First Instance to appoint a temporary fiscal when the regular fiscal fails or refuses to discharge his duty are general in nature and apply to all Courts of First Instance outside of Manila, unless explicitly excepted. Act No. 787, which organized the Moro Province, does not contain any provision taking this power away from the court. The provincial attorney and his assistant in the Moro Province stand in the same position as a provincial fiscal with reference to this matter. If the designated officer fails or refuses to perform his duty, the judge must relieve him temporarily and appoint a qualified person to take his place to prevent the court machinery from being impeded. On whether Judge Low exceeded his jurisdiction in issuing the annulling order: The Court stated that the question was not about different judges issuing and annulling orders, but about the power of the Court of First Instance itself to issue and annul orders. The same court that issued the order of December 16, 1910, had the authority to annul it. Judge Low, as the presiding judge, had the same authority as his predecessor, Judge Gale, would have had. The court, if justified by facts, had the authority to relieve the special attorney and direct the regular provincial attorney to take charge of the case. On whether the facts presented were sufficient to justify the issuance of a preliminary injunction: The Court found that the facts alleged in the petition were not sufficient to justify the issuance of a preliminary injunction. The Court concluded that the Court of First Instance for the Moro Province had the same power with reference to the questions under consideration as courts of other provinces, and that the court had the authority to issue both the order of December 16, 1910, and the order of January 20, 1911. The allegations did not demonstrate such an abuse of discretion as would warrant the extraordinary remedy of certiorari.
Main Doctrine
The Court of First Instance of the Moro Province possesses the same power as courts of other provinces to appoint a temporary prosecuting officer when the regular officer fails or refuses to discharge his duty, and the exercise of this power, when justified by facts, does not constitute an abuse of discretion warranting certiorari.