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* THIRD DIVISION.
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are the complaint and the answer in a civil suit. On the other
hand, under Section 4, Rule 110 of the same Rules, an
information is defined as an accusation in writing charging a
person with an offense, subscribed by the prosecutor and filed
with the court. In accordance with the above definitions, it is clear
that an information is a pleading since the allegations therein,
which charge a person with an offense, is basically the same as a
complaint in a civil action which alleges a plaintiff’s cause or
cause of action.
Same; Same; Same; Same; Even under the rules of criminal
procedure of the United States (US), upon which our rules of
criminal procedure were patterned, an information is considered a
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PERALTA, J.:
Before the Court is a petition for review on certiorari
seeking to set aside the Decision1 and Resolution2 of the
Court of Appeals (CA), dated September 8, 2011 and April
18, 2013, respectively, in C.A.-G.R. S.P. No. 04540. The
assailed Decision affirmed the Orders of the Regional Trial
Court (RTC) of Makati City, Branch 16, dated July 2, 2009
and July 23, 2009 in Criminal Case No. C-75-09, while the
questioned Resolution denied petitioners’ Motion for
Reconsideration.
The pertinent factual and procedural antecedents of the
case are as follows:
In an Information dated March 23, 2009, herein
respondent was charged with the crime of murder by the
Office of the City Prosecutor of Roxas City, Capiz. The case
was docketed as Criminal Case No. C-75-09 and was raffled
off to Branch 16 of the Regional Trial Court of Roxas City,
Iloilo (RTC of Roxas City).
On June 16, 2009, respondent filed a Motion to Dismiss3
the Information filed against him on the ground that the
investigating prosecutor who filed the said Information
failed to indicate therein the number and date of issue of
her Mandatory Continuing Legal Education (MCLE)
Certificate of Compliance, as required by Bar Matter No.
1922 (B.M. No.
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The Court further Resolved, upon the
recommendation of the Committee on Legal
Education and Bar Matters, to REQUIRE practicing
members of the bar to INDICATE in all pleadings
filed before the courts or quasi-judicial bodies,
the number and date of issue of their MCLE
Certificate of Compliance or Certificate of Exemption,
as may be applicable, for the immediately preceding
compliance period. Failure to disclose the required
information would cause the dismissal of the case and
the expunction of the pleadings from the records.
x x x10
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9 Id., at p. 10.
10 Emphasis supplied.
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16 Id.
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filed, the more prudent and practical thing that the trial
court should have done in the first place, so as to avoid
delay in the disposition of the case, was not to dismiss the
Information but to simply require the investigating
prosecutor to indicate therein the number and date of issue
of her MCLE Certificate of Compliance.
WHEREFORE, the instant petition is DENIED. The
Decision and Resolution of the Court of Appeals, dated
September 8, 2011 and April 18, 2013, respectively, in C.A.-
G.R. S.P. No. 04540 are AFFIRMED.
SO ORDERED.
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