Case Digest (G.R. No. 191567)
Facts:
Marie Callo-Claridad v. Philip Ronald P. Esteban and Teodora Alyn Esteban, G.R. No. 191567, March 20, 2013, Supreme Court First Division, Bersamin, J., writing for the Court. The petition challenges the dismissal for lack of probable cause of a complaint for murder arising from the killing of the petitioner's son, Cheasare Armani Chase Callo Claridad.The victim’s bloodied body was found on the evening of February 27, 2007 in the carport of No. 10 Cedar Place, Ferndale Homes, Quezon City. The petitioner alleged that Chase had last been seen with Philip Ronald P. Esteban (Philip) less than an hour before the body was discovered; Teodora Alyn Esteban (Teodora) was also identified as a possible participant. Various subdivision security guards and neighbors provided statements about vehicles seen and noises heard that evening; SOCO and NBI medico-legal reports established stab wounds as cause of death.
The Office of the City Prosecutor (Quezon City) dismissed the complaint for lack of evidence and probable cause in a resolution dated December 18, 2007; its denial of the petitioner’s motion for reconsideration followed on December 15, 2008. The petitioner sought review by the Secretary of Justice, who affirmed the dismissal on April 16, 2009 and denied reconsideration on May 21, 2009. The petitioner then filed a petition for review under Rule 43 in the Court of Appeals; the CA dismissed that petition in a...(Subscriber-Only)
Issues:
- Was the petition for review under Rule 43 in the Court of Appeals a proper remedy to assail the Secretary of Justice’s resolution dismissing the complaint for lack of probable cause?
- Did the Secretary of Justice commit grave abuse of discretion in finding no probable cause to charge Philip an...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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