Case Digest (G.R. No. 181021)
Facts:
- Burgundy Realty Corporation accused Josefa "Jing" C. Reyes of misappropriating PHP 23,423,327.50.
- The funds were entrusted to Reyes in 1996 to purchase land in Calamba, Laguna, for a golf course.
- Reyes allegedly used the money for personal purposes instead of buying the land.
- Despite a formal demand, Reyes did not return the money, leading to a complaint for estafa filed by Burgundy Realty Corporation.
- Reyes admitted to being a real estate agent but denied misappropriation, claiming the funds were used for their intended purpose.
- Reyes stated she made down payments to landowners, and the remaining balances were unpaid due to Burgundy Realty Corporation's lack of funds.
- Reyes mentioned her sub-broker, Mateo Elejorde, deposited the money into his personal account and filed a complaint for estafa against him, leading to his indictment in 2001.
- The Assistant Prosecutor of Makati City recommended indicting Reyes for estafa under Article 315 of the Revised Penal Code.
- Reyes sought a review from the DOJ, which initially dismissed her petition but later reconsidered and directed the withdrawal of the information for estafa against her.
- Burgundy Realty Corporation's petition for certiorari was denied by the Court of Appeals, leading to the present petition for review on certiorari before the Supreme Court.
Issue:
- (Unlock)
Ruling:
- The Supreme Court granted the petition.
- The Decision and Resolution of the Court of Appeals dated September 14, 2007, and December 20, 2007, respectively, were reversed and set aside.
- The Regional Trial Court, Branch 149,...(Unlock)
Ratio:
- The Secretary of Justice has the power of direct control and supervision over prosecutors, including the authority to review their decisions.
- The purpose of a preliminary investigation is to determine whether a crime has been committed and whether there is probable cause to believe that the accused is guilty.
- Probable cause does not require proof beyond reasonable doubt but merely a reasonable ground of presumption.
- The investigating prosecutor correctly found the existence of a...continue reading
Case Digest (G.R. No. 181021)
Facts:
In the case of Burgundy Realty Corporation vs. Josefa "Jing" C. Reyes and Secretary Raul Gonzalez of the Department of Justice (DOJ), the petitioner, Burgundy Realty Corporation, accused real estate agent Josefa "Jing" C. Reyes of misappropriating funds amounting to PHP 23,423,327.50. These funds were entrusted to Reyes in 1996 for the purpose of purchasing parcels of land in Calamba, Laguna, intended for the development of a golf course. Reyes allegedly converted the money for her personal use instead of buying the land. Despite a formal demand from Burgundy Realty Corporation, Reyes failed to return the money, prompting the corporation to file a complaint for estafa against her before the Assistant City Prosecutor's Office of Makati City.
Reyes admitted to acting as a real estate agent but denied the misappropriation, claiming the funds were used for their intended purpose. She stated that she had made down payments to landowners and that the remaining balances were unpaid due to Burgundy Realty Corporation's lack of funds. Reyes also mentioned that her sub-broker, Mateo Elejorde, had deposited the money into his personal account. Subsequently, Reyes filed a complaint for estafa against Elejorde, who was indicted in 2001.
After a preliminary investigation, the Assistant Prosecutor of Makati City recommended indicting Reyes for estafa under Article 315 of the Revised Penal Code. Reyes sought a review from the DOJ, which initially dismissed her petition but later reconsidered and directed the withdrawal of the information for estafa against her. Burgundy Realty Corporation's subsequent petit...