Case Digest (G.R. No. 113630)
Facts:
In Diosdado Jose Allado and Roberto L. Mendoza v. Hon. Roberto C. Diokno and Presidential Anti-Crime Commission, Atty. Diosdado Jose Allado and Atty. Roberto L. Mendoza, partners at the Salonga, Hernandez and Allado Law Firm, were charged with kidnapping for ransom with murder of Eugen Alexander Van Twest, a German national, on the basis of an extrajudicial confession of security guard Escolastico Umbal dated September 16, 1993. Umbal implicated petitioners in a conspiracy hatched at Silahis Hotel, alleging they offered P2.5 million to abduct Van Twest, staged a mock interrogation, then ordered his execution and cremation. The Presidential Anti-Crime Commission (PACC) raided the homes of co-accused operatives, seizing a Nissan Pathfinder, firearms, ammunition, and Van Twest’s sunglasses. PACC Task Force Habagat referred the case to the Department of Justice, and a panel of state prosecutors conducted a preliminary investigation. Petitioners moved for production of documents andCase Digest (G.R. No. 113630)
Facts:
- Parties and Background
- Petitioners Diosdado Jose Allado and Roberto L. Mendoza are partners in a law firm and alumni of the UP College of Law.
- They were accused by the Presidential Anti-Crime Commission (PACC) of kidnapping with murder based on an alleged extrajudicial confession by security guard Escolastico Umbal.
- Alleged Crime and PACC Investigation
- Umbal’s sworn statement (16 September 1993) implicated petitioners in the abduction (16 June 1992) and subsequent killing of German national Eugen Alexander Van Twest, supposedly burned to ashes at a “safe house.”
- PACC operatives secured a search warrant (15 September 1993) for co-accused Roberto Santiago’s residences, seized vehicles, firearms, ammunition, and arrested several persons; petitioners were later charged.
- Preliminary Investigation and Related Motions
- Senior State Prosecutor Lacson referred the case to the DOJ, charging petitioners with kidnapping for ransom with murder, among other crimes; subpoenas and counter-affidavits followed.
- Petitioners moved for production of documents (e.g., alleged ransom papers), inhibition of the initial panel, and later challenged SPO2 Bato’s counter-affidavit as coerced. Limited documents were produced.
- Trial Court Proceedings and Petitioners’ Recourse
- A DOJ panel issued an undated resolution finding probable cause; an information was filed in RTC-Makati Branch 62 and a warrant of arrest without bail was issued (8 February 1994).
- Petitioners filed appeals with the Secretary of Justice, moved to defer RTC proceedings, and sought certiorari and prohibition before the Supreme Court, obtaining a TRO on 28 February 1994.
Issues:
- Probable Cause Determination
- Whether the evidence and supporting affidavits sufficiently established probable cause to charge petitioners with kidnapping for ransom with murder.
- Whether the corpus delicti (death of Van Twest) was adequately proved.
- Conduct of Judge and Prosecutors
- Whether respondent Judge Diokno committed grave abuse of discretion and exceeded jurisdiction by issuing the warrant based solely on the prosecutors’ certification.
- Whether the panel of prosecutors acted with bias or failed to observe impartial preliminary investigation procedures.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)