Case Digest (G.R. No. 217508)
Facts:
Joseph Scott Pemberton v. Hon. Leila M. De Lima, in her capacity as Secretary of Justice, Judge Roline Ginez‑Jabalde, presiding judge of Branch 74, Regional Trial Court of Olongapo City, and Marilou Laude y Serdoncillo, G.R. No. 217508, April 18, 2016, Supreme Court Second Division, Leonen, J., writing for the Court.A murder complaint was filed with the City Prosecutor of Olongapo City by the Philippine National Police–Olongapo City and private complainant Marilou Laude y Serdoncillo against petitioner Joseph Scott Pemberton. On October 17, 2014 the City Prosecutor served Pemberton a subpoena to file a counter‑affidavit within ten days. On October 21, 2014 Laude filed an Omnibus Motion seeking subpoenas to obtain Pemberton’s fingerprints and buccal swabs and directing the PNP Crime Laboratory to perform forensic examinations; Pemberton opposed and also filed motions seeking clarification, a declaration of absence of probable cause, and reduction of the charge to homicide.
During the preliminary investigation on October 27, 2014 the prosecutor deemed Pemberton’s counter‑affidavit waived; by Order of October 29, 2014 the City Prosecutor directed the PNP Crime Laboratory to collect Pemberton’s fingerprints and buccal swabs and report results. Despite Pemberton’s motions for reconsideration and to determine probable cause based on the record as of October 27, 2014, the City Prosecutor continued the inquiry and, in a Resolution dated December 15, 2014, found probable cause to charge Pemberton with murder and filed an Information. The case was docketed before the Regional Trial Court of Olongapo City as Criminal Case No. 865‑2014 (raffled to Branch 74), and a warrant of arrest was issued.
Pemberton filed a Petition for Review with the Department of Justice (DOJ) on December 18, 2014 and a motion to defer the trial court proceedings. In a Resolution dated January 27, 2015 (prepared by Undersecretary Jose Vicente B. Salazar for the Secretary) the DOJ denied his Petition for Review; a February 20, 2015 Resolution (penned by Secretary De Lima) denied reconsideration. Pemberton then filed a petition for certiorari under Rule 65 in the Supreme Court seeking to set aside those DOJ resolutions and sought injunctive relief.
Pemberton asserted that Secretary De Lima committed grave abuse of discretion by (a) considering additional evidence that the City Prosecutor allegedly lacked authority to receive and which Pemberton could not rebut, thus denying due process; (b) finding probable cause despite insufficient evidence for murder or homicide; and (c) treating qualifying circumstances (treachery, abuse of superior strength, cruelty) as established without direct evidence. The Office of the Solicitor General countered that the petition was procedurally deficient (errors of judgment not remedied by certiorari; violation ...(Pro-only)
Issues:
- Did petitioner violate the doctrine of hierarchy of courts by filing his petition directly with the Supreme Court instead of first with the Court of Appeals?
- Has this petition been rendered moot and academic by the filing of information and the trial court’s issuance of a warrant of arrest (and subsequent proceedings)?
- Did Secretary Leila M. De Lima commit grave abuse of discretion in sustaining the finding of probable cause against petitione...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)