Case Digest (G.R. No. 186403)
Facts:
In Mayor "Jong" Amado Corpus, Jr. and Carlito Samonte v. Hon. Judge Ramon D. Pamular, G.R. No. 186403, September 05, 2018, Supreme Court Third Division, Leonen, J., writing for the Court. Petitioners are Mayor Amado "Jong" Corpus, Jr. and Carlito Samonte; respondents are Hon. Judge Ramon D. Pamular (Branch 33, Regional Trial Court, Guimba, Nueva Ecija), Mrs. Priscilla Espinosa (private complainant), and Provincial Public Prosecutor Floro Florendo.On June 4, 2008, Angelito Espinosa was shot and killed; Carlito Samonte was arrested in flagrante and an information for murder dated June 5, 2008 was filed against him. At arraignment Samonte admitted the killing but pleaded self-defense; trial on the merits began. After several witness affidavits were filed (including an affidavit by Alexander Lozano dated June 30, 2008 implicating Corpus), the Office of the Provincial Prosecutor initially dismissed the complaint (October 7, 2008 resolution by Prosecutor Rafanan, approved by Florendo). Florendo later reconsidered, ordered a reinvestigation, and in a January 26, 2009 resolution found probable cause to indict Corpus and directed filing of an amended information adding Corpus as co-accused and inserting the phrase "conspiring and confederating together."
Assistant Prosecutor Bonifacio on the same day issued a conflicting resolution reinstating the dismissal of the complaint against Corpus. The prosecution filed a Motion to Amend and a Motion for Reconsideration; petitioners opposed and filed a Petition for Review with the Department of Justice (DOJ) on February 9, 2009. Despite the pendency of that DOJ review and petitioners’ motion to suspend proceedings, Judge Pamular set a hearing (February 13, 2009) and, by Order dated February 26, 2009, granted the prosecution’s motion to admit the amended information, found probable cause, and directed issuance of a warrant of arrest against Corpus and denied the motion to suspend further proceedings.
On March 3, 2009 petitioners filed a Petition for Certiorari under Rule 65 in the Supreme Court with a request for TRO; the Court granted a TRO on March 9, 2009 enjoining enforcement of the February 26, 2009 Order and warrant. The case produced multiple memoranda and comments (including by the Office of the Solicitor General and by Mrs. Espinosa). The DOJ itself issued a June 26, 2009 resolution that, in one disposition, purportedly directed information to be filed against Corpus; petitioners later secured a September 8, 2009 DOJ resolution granting a motion for reconsideration and directing withdrawal of any information filed. Years later (October 30, 2013) Samonte executed an affidavit confessing that Corpus ordered the killing; petitioners brought that to the Court’s attention in 2014. The Supreme Court took the matter u...(Pro-only)
Issues:
- Did Judge Ramon D. Pamular commit grave abuse of discretion amounting to lack or excess of jurisdiction by admitting the amended information and issuing a warrant of arrest against Corpus while a Petition for Review before the Department of Justice was pending?
- May the arraignment of Corpus proceed after the 60-day maximum suspension under Rule 116, Section 11(c) has lapsed?
- Was the admission of the amended information (adding Corpus and alleging conspiracy) a prohibited substantial amendment prejudicial to the rights of Samonte and Corpus after plea?
- Did Judge Pamular fail to personally determine probable cause, in violation of Arti...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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