Title
Supreme Court
Pemberton vs. De Lima
Case
G.R. No. 217508
Decision Date
Apr 18, 2016
U.S. Marine Pemberton charged with murder of Filipino transgender woman Jennifer Laude; Supreme Court upheld probable cause, denied certiorari as moot.

Case Digest (G.R. No. L-18335)
Expanded Legal Reasoning Model

Facts:

  • Parties and Complaint
    • Private respondent Marilou Laude y Serdoncillo filed a complaint for murder against petitioner Joseph Scott Pemberton before the City Prosecutor of Olongapo City, assisted by the Philippine National Police–Olongapo City Police Office.
    • Respondents Secretary Leila M. De Lima and RTC Judge Roline Ginez-Jabalde were later impleaded in their official capacities.
  • Preliminary Investigation Proceedings
    • On October 17, 2014, Pemberton was subpoenaed to file a counter-affidavit within ten days but did not do so; the prosecutor deemed his right waived.
    • Laude moved for:
      • subpoenas compelling Pemberton’s fingerprint and buccal swab collection; and
      • assignment of PNP Crime Laboratory personnel to perform DNA testing.
    • Pemberton opposed and filed omnibus motions seeking clarification, dismissal for lack of probable cause, reduction of the charge to homicide, and reconsideration of the order on specimen collection.
    • On October 29, 2014, the prosecutor ordered the collection of Pemberton’s fingerprints and swabs, to be analyzed within three weeks.
  • Resolution of Probable Cause and Subsequent Actions
    • By Resolution dated December 15, 2014, the City Prosecutor found probable cause for murder and filed an information in RTC Branch 74, which issued an arrest warrant.
    • Pemberton filed a Petition for Review and a motion to defer RTC proceedings; both were denied by Secretary De Lima in resolutions dated January 27 and February 20, 2015.
    • Thereafter, Pemberton filed a Petition for Certiorari under Rule 65 challenging the DOJ resolutions as grave abuse of discretion, violation of due process, and erroneous finding of qualifying circumstances of murder.

Issues:

  • Whether Secretary De Lima committed grave abuse of discretion in sustaining the finding of probable cause, thereby depriving petitioner of due process.
  • Whether petitioner violated the doctrine of hierarchy of courts by directly filing his certiorari petition with the Supreme Court instead of the Court of Appeals.
  • Whether the Petition for Certiorari is moot and academic following the RTC’s issuance of an arrest warrant and subsequent conviction.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

Analyze Cases Smarter, Faster
Jur is a legal research platform serving the Philippines with case digests and jurisprudence resources. AI digests are study aids only—use responsibly.