Case Digest (G.R. No. 162416)
Facts:
In Chester De Joya v. Judge Placido C. Marquez (G.R. No. 162416, January 31, 2006), petitioner Chester De Joya, an incorporator and director of State Resources Development Management Corporation, challenged the warrant of arrest issued by Judge Placido C. Marquez of RTC, Branch 40, Manila, in Criminal Case No. 03-219952 for alleged syndicated estafa under Article 315, par. 2(a) of the Revised Penal Code in relation to P.D. No. 1689. Private complainant Manuel Dy Awiten accused De Joya and his co-accused of inducing him to invest over ₱114 million, issuing checks later dishonored for insufficient funds or closed account, and failing to return his investments. During the preliminary investigation, the NBI submitted its investigative report to the Office of the State Prosecutor; Dy Awiten filed affidavits and a demand letter; the prosecution offered copies of the checks and the corporation’s Articles of Incorporation; and the accused filed counter-affidavits. State Prosecutor BennyCase Digest (G.R. No. 162416)
Facts:
- Petition and Respondent
- Chester De Joya filed a petition for certiorari and prohibition seeking to nullify and set aside the warrant of arrest issued by Judge Placido C. Marquez, presiding judge of Branch 40, Manila RTC, in Criminal Case No. 03-219952.
- The warrant was issued against De Joya and his co-accused for violation of Article 315, paragraph 2(a) of the Revised Penal Code in relation to P.D. No. 1689 (syndicated estafa).
- Criminal Case No. 03-219952
- Private complainant Manuel Dy Awiten accused Ma. Gracia Tan Hao @ Mina Tan Hao, Victor Ngo y Tan, and others (including De Joya) of enticing him to invest over ₱100 million in State Resources Development Management Corporation.
- When investments matured, the checks issued to Dy were dishonored for insufficient funds or closed account.
- Prosecution’s Supporting Documents
- NBI Report on the complaint, showing dishonored checks issued by Hao.
- Affidavit-Complaint of Dy Awiten.
- Copies of checks issued by Dy to the corporation and returned checks drawn by the corporation.
- Demand letter from Dy to Hao.
- Supplemental affidavit expanding the conspiracy to include De Joya as incorporator and director.
- Counter-affidavits of De Joya and other accused.
- Resolution of State Prosecutor Benny Nicdao finding probable cause.
- Articles of Incorporation of State Resources Development Management Corporation listing De Joya as incorporator and director.
- Trial Court Action
- Under Section 6, Rule 112 of the Rules of Criminal Procedure, Judge Marquez personally evaluated the prosecutor’s resolution and evidence within ten days of filing the complaint.
- Finding probable cause, the judge issued the arrest warrant.
- De Joya refused to surrender, prompting his petition for certiorari and prohibition before the Supreme Court.
Issues:
- Whether Judge Marquez gravely abused his discretion in finding probable cause to issue the arrest warrant against De Joya under Section 6, Rule 112.
- Whether the Supreme Court may review and set aside the finding of probable cause absent exceptional circumstances.
- Whether De Joya is entitled to relief despite his continuous refusal to submit to the court’s jurisdiction.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)