Case Digest (G.R. No. 217456) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
On October 11, 2014, Jeffrey “Jennifer” Laude was found killed at the Celzone Lodge in Olongapo City, allegedly by U.S. Marine L/CPL Joseph Scott Pemberton. On October 15, 2014, Marilou S. Laude and Mesehilda S. Laude filed a criminal complaint for murder before the Olongapo City Prosecutor. Pemberton was detained at Camp Aguinaldo starting October 22, 2014. An Information was lodged in the Regional Trial Court of Olongapo City, Branch 74, on December 15, 2014 (Case No. 865-14), and a warrant of arrest issued December 16, 2014. Pemberton surrendered and was arraigned on December 19, 2014. That same day, the Laude sisters filed an Urgent Motion to Compel the Armed Forces of the Philippines to surrender custody of Pemberton to the Olongapo City Jail and a Motion to Allow Media Coverage, setting the hearing for December 22, 2014. They served it on opposing counsel by registered mail only and handed a copy personally at the hearing. On December 23, 2014, Judge Roline M. Ginez-Jabald... Case Digest (G.R. No. 217456) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Parties and Context
- Petitioners: Marilou S. Laude and Mesehilda S. Laude, private complainants.
- Respondents: Judge Roline M. Ginez-Jabalde (Branch 74, RTC Olongapo City), public prosecutors, Executive Secretary, DFA Secretary, AFP Chief of Staff, and L/Cpl. Joseph Scott Pemberton (accused US Marine).
- Criminal Proceedings History
- October 11, 2014: Jeffrey “Jennifer” Laude killed at Celzone Lodge, Olongapo City; accused Pemberton allegedly responsible.
- October 15, 2014: Complaint for murder filed by Marilou Laude with Olongapo City Prosecutor.
- October 22, 2014: Pemberton detained at Camp Aguinaldo under VFA obligations.
- December 15–19, 2014: Information for murder filed with RTC; warrant issued December 16; Pemberton surrendered and arraigned December 19.
- Motions and Lower Court Orders
- December 19, 2014: Petitioners filed Urgent Motion to Compel AFP to surrender custody to Olongapo City Jail and Motion to Allow Media Coverage, set for hearing December 22.
- December 22, 2014: Petitioners served Pemberton’s counsel by registered mail and “personally at hearing”; hearing attended but counsel received motion only minutes before.
- December 23, 2014: Judge Ginez-Jabalde denied Urgent Motion for “utter lack of merit.”
- January 9, 2015: Motion for Reconsideration filed; denied February 18, 2015.
- Supreme Court Proceedings
- April 21, 2015: SC required comments.
- June–September 2015: Comments filed by Pemberton (June 16) and public respondents (Sept. 23).
- Petitioners invoked alleged grave abuse of discretion, three-day notice rule exceptions, VFA primary jurisdiction, international human rights, and Secretary of Justice statements.
Issues:
- Procedural Compliance
- Whether the trial court gravely abused its discretion in denying the Urgent Motion for failure to comply with the three-day notice rule (Rules of Court, Rule 15, Sec. 4).
- Whether lack of conformity of the Public Prosecutor (Rule 110, Sec. 5) rendered the motion defective.
- Substantive and Jurisdictional Claims
- Whether petitioners’ right of access to justice under the ICCPR and other human rights instruments excuses procedural noncompliance.
- Whether the Visiting Forces Agreement’s custody provisions were misapplied or unconstitutional insofar as they affect the Court’s rule-making power.
- Whether petitioners, as private offended parties, have standing to seek a writ of mandatory injunction to transfer custody.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)