Case Digest (G.R. No. 239090)
Facts:
Ramona Favis-Velasco and Elvira L. Yulo v. Jaye Marjorie R. Gonzales, G.R. No. 239090, June 17, 2020, Supreme Court Second Division, Inting, J., writing for the Court.Petitioners Ramona Favis-Velasco and Elvira L. Yulo filed a Complaint‑Affidavit for multiple counts of Estafa against respondent Jaye Marjorie R. Gonzales (and co-respondents) alleging Estafa under Article 315, paragraphs 1(b) and 2(a) of the Revised Penal Code. The complaint was referred to the Office of the City Prosecutor (OCP) of Makati for preliminary investigation. On November 13, 2013, Assistant City Prosecutor Gilbert R. Alcala dismissed the complaint for lack of probable cause.
Petitioners elevated the matter to the Department of Justice (DOJ) Secretary by filing a Petition for Review. On July 15, 2015 the DOJ Secretary reversed and modified the OCP resolution, finding probable cause to indict respondent Jaye under Article 315, pars. 1(b) and 2(a), and directed the City Prosecutor to file Informations against Jaye; the dismissal as to co‑respondents Bienvenido Ma. Gonzales III and Raul Clemente was maintained. Jaye sought reconsideration and later filed a motion to defer action before the DOJ Secretary.
Thereafter, on January 11, 2016, the OCP Makati filed four Informations (dated January 6, 2016) against Jaye; these were consolidated and raffled to Branch 133, Regional Trial Court (RTC) Makati, and later re‑raffled to Branch 60. Jaye filed a Petition for Certiorari and Prohibition with the Court of Appeals (CA) on March 15, 2016 seeking to set aside the DOJ Secretary’s resolution and an urgent writ/temporary relief. The CA denied injunctive relief in a June 1, 2017 resolution, directed memoranda, and thereafter, on November 23, 2017, promulgated a Decision granting Jaye’s petition and annulling the DOJ Secretary’s July 15, 2015 Resolution; it reinstated the OCP dismissal and declared the RTC arrest warrants null and void. The CA denied petitioners’ motion for reconsideration in a May 3, 2018 Resolut...(Pro-only)
Issues:
- Was there probable cause to charge respondent Jaye Gonzales with Estafa under Article 315, paragraph 2(a) of the Revised Penal Code?
- Was there probable cause to charge respondent Jaye Gonzales with Estafa under Article 315, paragraph 1(b) of the Revised Penal Code (misappropriation)?
- Did the DOJ Secretary commit grave abuse of discretion amounting to lack or excess of jurisdiction in finding probab...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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