Case Digest (G.R. No. 164317) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In Ching v. Secretary of Justice, petitioner Alfredo Ching, Senior Vice-President of Philippine Blooming Mills, Inc. (PBMI), applied with Rizal Commercial Banking Corporation in late 1980 for letters of credit to import industrial goods. The bank issued irrevocable letters of credit and delivered the merchandise to PBMI subject to 13 trust receipts signed by Ching between November 21, 1980 and February 10, 1981, covering goods worth ₱6,940,280.66. Under these receipts, Ching undertook to hold the imported goods in trust, insure them, sell them within a fixed period, remit the proceeds to the bank or return unsold goods on demand. Upon maturity, he failed to return the goods or their value despite demands. The bank filed 13 estafa complaints under Article 315(1)(b) of the Revised Penal Code in relation to Presidential Decree No. 115. After a series of proceedings—including an initial finding of probable cause by the City Prosecutor, reversal by the Justice Minister in 1987, quash Case Digest (G.R. No. 164317) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Parties and Transaction
- Alfredo Ching, Senior Vice-President of Philippine Blooming Mills, Inc. (PBMI), applied for and signed 13 trust receipts as surety for import-financing letters of credit issued by Rizal Commercial Banking Corporation (RCBC) in 1980.
- The trust receipts covered goods valued at ₱6,940,280.66, to be held in trust, sold or returned, with proceeds or unsold goods remitted to RCBC.
- Terms and Breach
- Under each trust receipt, Ching agreed to hold the goods in trust, insure them, sell or return them within prescribed periods, and turn over proceeds or the goods themselves to RCBC.
- Ching failed to return the goods or remit their value upon maturity despite demands.
- Criminal Proceedings to 1999
- 1984–1988: RCBC filed estafa charges; City Prosecutor found probable cause; Minister of Justice initially dismissed but upon reconsideration ordered withdrawal; RTC quashed the Informations. Allied Banking Corp. v. Ordoñez (192 SCRA 246) later expanded PD 115’s coverage.
- 1995–1999: RCBC re-filed estafa complaints; City Prosecutor found no probable cause; Secretary of Justice reversed in 1999, ordered filing of 13 Informations under PD 115 before RTC Branch 52.
- Court of Appeals and Supreme Court Petition
- Ching sought certiorari, prohibition and mandamus in the CA, challenging DOJ resolutions for defective non-forum-shopping certification, delay, and lack of basis.
- In April 2004, the CA dismissed the petition on procedural grounds (defective certification and improper remedy) and on the merits (no grave abuse by Sec. Justice). Ching elevated the case to the Supreme Court.
Issues:
- Procedural Issue
- Whether the CA erred in dismissing Ching’s petition due to a defective certification against forum shopping and improper choice of remedy.
- Substantive Issue
- Whether the Secretary of Justice committed grave abuse of discretion in reversing the City Prosecutor’s no-probable-cause resolution and ordering the filing of estafa Informations under PD 115.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)