Case Digest (G.R. No. 256116)
Facts:
Main T. Mohammad, G.R. No. 256116, February 27, 2024, the Supreme Court En Banc, Singh, J., writing for the Court. Petitioner Main T. Mohammad (Mohammad) sought certiorari under Rule 65 against the Office of the Secretary, Department of Justice, represented by Menardo I. Guevarra in his capacity as Secretary, assailing the Secretary’s Decision of February 1, 2021 which affirmed the Department of Justice Board of Claims (the Board) Resolution denying Mohammad’s compensation claim under Republic Act No. 7309.On September 18, 2017 Mohammad was arrested, detained and charged with piracy and two counts of murder after being identified as an alleged member of the Abu Sayyaf Group. On April 8, 2019 the murder charges were dismissed by the trial court for failure of the prosecution to produce a witness who could identify Mohammad as the person named in the Information; he was therefore acquitted at the trial court level. Mohammad then filed a claim for compensation under Section 3(a) of RA 7309, asserting that he had been “unjustly arrested, accused, and detained two years for a crime he did not commit.”
By Letter dated November 18, 2020 (Resolution No. 2020-28 dated November 6, 2020), the Board denied the claim for lack of a prior conviction, reasoning that Section 3(a) requires that an applicant have been convicted and then subsequently released by virtue of a judgment of acquittal (i.e., acquittal on appeal). Mohammad appealed to the Secretary, who on February 1, 2021 denied the appeal and affirmed the Board, interpreting the conjunctive “and” in Section 3(a) to mean the elements there listed are cumulative. Mohammad filed the present Rule 65 petition for certiorari alleging grave abuse of discretion by the Secretary and also challenging the constitutionality of Section 3(a) under the equal protection clause; he did not file a motion for reconsi...(Pro-only)
Issues:
- Did the Secretary of Justice commit grave abuse of discretion amounting to lack or excess of jurisdiction in denying Mohammad’s appeal from the Board of Claims?
- If reached, does Section 3(a) of Republic Act No. 7309 violate the equal protection clause by excluding persons acquitted at tr...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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