Topic: Rule 110 Sec 2: The complaint or information shall be in writing, in the name of the People of the Philippines

and against all persons who appear to be responsible for the offense involved. Cobarrubias v People Facts: Cobarrubias was charged with Frustrated homicide, homicide, violation of Section 261 of Omnibus Election Code in relation to Sec 32 of RA 7166 and Illegal Possession of firearms. RTC Judge dismissed the other cases but ordered that the criminal case for homicide and violation of Sec 32 of Omnibus Election Code in relation to sec 32 of RA 7166 be set for further trial. Cobarrubias filed a Motion for Correction of Clerical Error, alleging that in the dispositive portion of the RTC decision, the homicide case should have been dismissed instead of illegal possession of firearms. The motion was denied by respondent Judge Maceda, stating that the alleged error was substantial and affected the very merit of the case. Cobarrubias filed a petition with CA to set aside the orders of the RTC Judge. This was initially dismissed by the CA. Cobarrubias moved for reconsideration, which was granted by the CA. In a resolution, CA then directed Cobarrubias to implead the People of the Philippines as respondent. The CA eventually dismissed the petition due to Cobarrubias failure to comply with the resolution. Cobarrubias tried to rectify his error by filing an amended petition impleading the People of the Philippines as respondent, but this was dismissed by the CA. Issue: W/N the failure to implead the People of the Philippines as respondent warrants the dismissal of the petition NO Held: It is undisputed that the failure to implead the People of the Phils as party made the petition defective. Based on Sec 5, Rule 110 of the Revised Rules of Criminal Procedure, all criminal actions are prosecuted under the direction and control of the public prosecutor. Therefore, it behooved Cobarrubias to implead the People of the Phils as respondent to enable the Solicitor General to comment on the petition. However, failure to implead an indispensable party is not a ground for the dismissal of an action. In such as case, the remedy is to implead the non-party claimed to be indispensable. Parties may be added by order of the court, on motion of the party or on its own initiative at any stage of the action and/or such times as are just. CA should have grated Cobarrubias motion for reconsideration since he filed an amended petition impleading the People of the Phils as respondent. Technicalities may be set aside when the strict and rigid application of the rules will frustrate rather than promote justice.

Policy: The complaint or information shall be in writing, in the name of the People of the Philippines and against all persons who appear to be responsible for the offense involved. Failure to implead an indispensable party (People of the Phils) is not a ground for the dismissal of an action. Technicalities may be set aside when the strict and rigid application of the rules will frustrate rather than promote justice.