### Facts:
In November 1972, several teachers from the Bohol School of Arts and Trades filed an administrative complaint against their principal, Gotardo Flordelis, alleging tax evasion among other offenses. In retaliation, Flordelis accused the teachers—Merlin O. Mar, Marcelino T. Macapobre, Jr., Delfin Epe, Graciano Ligan, Philip Collyer, and Antonio Cuajao—of perjury, leading a preliminary investigation by Assistant City Fiscal Rafael Bollozos. Bollozos filed an information for perjury against the teachers, arguing that they made false claims against Flordelis. Upon arraignment, the teachers pled not guilty and filed a motion to quash the information, arguing the facts did not constitute an offense and there was a legal excuse or justification for their actions. On March 30, 1973, the City Court of Tagbilaran, led by Judge Heracleo Castillo, provisionally dismissed the perjury case, citing an unresolved prejudicial question in the tax evasion charge from the administrative case.
Flordelis and Bollozos then filed a petition for review, arguing against the application of the doctrine of pre-judicial question and the provisional dismissal of the perjury case, fearing it may later be argued as a double jeopardy defense.
### Issues:
1. Whether the doctrine of pre-judicial question applies when there is no civil action pending, and only an administrative case is in process.
2. Whether the provisional dismissal of the criminal case for perjury was proper and if it poses a risk of double jeopardy.
### Court’s Decision:
The Supreme Court held that the doctrine of pre-judicial question does not apply because pre-judicial questions traditionally arise in scenarios where both civil and criminal actions are pending. Since only an administrative complaint—and not a civil action—was involved, the situation did not meet the criteria for applying the doctrine. Furthermore, the Court clarified that the success or failure of the private respondents in proving their tax evasion charge against Flordelis in the administrative case would not have a determinative effect on the criminal case for perjury.
On the provisional dismissal and potential double jeopardy concerns, the Court held that there was no basis for fearing double jeopardy. The dismissal was requested by the defendants, which means it was not a dismissal on the merits that could prevent future prosecution for the same offense. Thus, the Court ordered the reinstatement of the perjury case and its continuation in accordance with the law.
### Doctrine:
The decision reiterates that the doctrine of pre-judicial question requires the pendency of both a civil and a criminal action, where an issue in the former must be determinatively resolved before proceeding with the latter. It further clarifies that dismissals not based on the merits of the case, especially those sought by the accused, do not invoke the protection against double jeopardy.
### Class Notes:
– **Pre-judicial Question**: Requires both a civil and a criminal action to be pending. An issue in the civil action must be decided before the criminal action can proceed. This case clarified its inapplicability in instances where only an administrative case is pending.
– **Doctrine of Double Jeopardy**: Protection against double jeopardy is not invoked by dismissals not on the merits, particularly when the dismissal is requested by the defense. This prevents the accused from abusing procedural tactics to evade prosecution.
– **Procedural Posture**: The progression from an administrative complaint to a criminal case for perjury, and the legal maneuvers (motion to quash based on prejudicial questions and provisional dismissal) used by the defense, represents a strategic litigation approach in interactions between administrative allegations and subsequent criminal charges.
### Historical Background:
This case highlights the judicial interpretation of pre-judicial questions in the context of Philippine law and its limitations in conjunction with administrative complaints. It underscores the judiciary’s role in delineating the scope of pre-judicial questions against the backdrop of procedural tactics employed by parties in litigation, especially in cases intertwining criminal allegations with administrative or civil disputes.
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