Case Digest (G.R. No. L-18335) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In Joseph Scott Pemberton v. Leila M. De Lima et al. (G.R. No. 217508, April 18, 2016), petitioner Joseph Scott Pemberton challenged two resolutions of Secretary of Justice Leila M. De Lima dated January 27 and February 20, 2015 in I.S. No. III-10-INV-14J-01102. A joint complaint for murder was filed by the Philippine National Police–Olongapo City Police Office and private complainant Marilou Laude y Serdoncillo. On October 17, 2014, Pemberton was subpoenaed to submit a counter-affidavit, and Laude sought forensic evidence collection through an Omnibus Motion dated October 21, 2014, requesting fingerprint and buccal swab extraction. Pemberton opposed and filed several motions including a motion for reconsideration and a request to reduce the charge to homicide. During the preliminary investigation, the City Prosecutor deemed Pemberton’s right to file a counter-affidavit waived, ordered the collection of his fingerprints and buccal swabs, and after ocular inspections and review o Case Digest (G.R. No. L-18335) Expanded Legal Reasoning Model
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)