Title
Miller vs. Perez
Case
G.R. No. 165412
Decision Date
May 30, 2011
George Miller's challenge against the dismissal of his case led the Supreme Court to reinstate accused Giovan Bernardino after the Secretary of Justice removed him from the charges of attempted murder.
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Case Digest (G.R. No. 165412)

Facts:

  • George Miller, a British national and inmate at the Maximum Security Compound of New Bilibid Prison, filed a petition against Secretary Hernando B. Perez and Giovan Bernardino.
  • In late 1998, Miller, as Acting Secretary General of the Inmates' Crusade Against Drugs (ICAD), wrote confidential letters to NBP Superintendent Col. Gregorio Agalo-os, alleging drug trading activities involving Bernardino and inmate Rodolfo Bernardo.
  • On January 6, 1999, Miller was attacked, resulting in a head injury.
  • An investigation revealed that Bernardino and Bernardo confronted Miller about his letters and threatened him.
  • Inmates Constantino Quirante and Roberto Ceballos admitted to attacking Miller, claiming they were hired by Bernardino and Bernardo.
  • The City Prosecutor initially charged Quirante with attempted murder but dismissed the case against Bernardino and Bernardo due to insufficient evidence.
  • New affidavits later implicated Bernardino and Bernardo as masterminds of the attack.
  • On March 21, 2002, Secretary Perez excluded Bernardino from the attempted murder information, citing insufficient evidence.
  • Miller contested this decision, leading to a petition for certiorari before the Court of Appeals, which upheld the Secretary's ruling.
  • Miller subsequently elevated the case to the Supreme Court, arguing grave abuse of discretion by the Secretary.

Issue:

  • (Unlock)

Ruling:

  • The Supreme Court granted the petition for review on certiorari, reversing the decisions of the Court of Appeals and the Secretary of Justice.
  • The Court directed the Secretary of Justice to reinstate or re-file the amen...(Unlock)

Ratio:

  • The Supreme Court found that Secretary Hernando B. Perez gravely abused his discretion by ignoring new affidavits that provided substantial evidence against Bernardino.
  • The Court stated that probable cause is established by facts leading a reasonable mind to believe in the accused's guilt.
  • The Secretary's dismissal of the new affidavits as afterthoughts was unfounded, as they corroborated earlier witness statements.
  • The initial dismi...continue reading

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