Case Digest (G.R. No. 182677)
Facts:
Jose Antonio C. Leviste v. Hon. Elmo M. Alameda, Hon. Raul M. Gonzalez, Hon. Emmanuel Y. Velasco, Heirs of the late Rafael de las Alas, G.R. No. 182677, August 03, 2010, Third Division, Carpio Morales, J., writing for the Court.Petitioner Jose Antonio C. Leviste was charged by Information dated January 16, 2007 with homicide before the Regional Trial Court (RTC) of Makati City, Branch 150, presided by Judge Elmo Alameda, which issued a commitment order and placed petitioner under police custody while confined at Makati Medical Center. After posting a P40,000 cash bond and pending arraignment, the private complainants (the heirs of Rafael de las Alas), with the conformity of the public prosecutor, filed an Urgent Omnibus Motion seeking a reinvestigation to determine the proper offense.
On January 24, 2007 the RTC issued an order deferring arraignment and allowing the prosecution to conduct a reinvestigation; on January 31, 2007 it denied reconsideration. Petitioner sought certiorari and prohibition from the Court of Appeals (CA) challenging those orders. Petitioner also filed motions in the trial court to defer action on the prosecutor’s recommendation and for Judge Alameda’s inhibition, but the trial court issued two further orders: on February 7, 2007 it admitted an Amended Information for murder and directed issuance of a warrant of arrest, and on February 8, 2007 it set arraignment (later held March 21, 2007, when petitioner refused to plead and the court entered a plea of "not guilty" for him).
Petitioner sought bail (Urgent Application for Admission to Bail Ex Abundanti Cautela filed February 23, 2007) which the RTC granted on May 21, 2007 (P300,000). The CA, in CA-G.R. SP No. 97761, dismissed petitioner’s certiorari petition and denied reconsideration (CA Decision August 30, 2007; Resolution April 18, 2008), which prompted the present petition for review on certiorari filed May 30, 2008 before this Court. Trial proceeded under the Amended Information; by Decision of January 14, 2009 the RTC convicted petitioner of homicide. Petitioner appealed to the CA (CA-G.R. CR No. 32159) and sought bail pending appeal, which...(Subscriber-Only)
Issues:
- Did petitioner waive his right to challenge the reinvestigation, the admission of the Amended Information and the legality of his arrest by applying for bail and by participating in the trial, and is the petition now moot because a final judgment has been rendered?
- Whether the trial court committed grave abuse of discretion in permitting the prosecution (with private complainants’ conformity) to conduct a reinvestigation after the filing of an Information in court.
- Whether the amendment of the Information from homicide to murder was substantively permissible prior to plea without a new preliminary investigation and whether the trial court erred in admitting the Amended Information, issuing a warrant of arrest and setting arraignment while the petitioner’s certiorari was pending.
- Whether the trial court was required to hold a hearing for a judicial determi...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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