G.R. No. 113930 - Roberts, Jr. vs. Court of Appeals

Several thousand holders of "349" Pepsi crowns connected to the Pepsi Cola Products Philippines, Inc.'s (PEPSI) Number Fever Promotion filed complaints with the City Prosecutor of Quezon City.
The petitioners, officials of PEPSI, were accused of estafa, violation of the Consumer Act (R.A. No. 7394), violation of E.O. No. 913, and violation of Act No. 2333 as amended by Act No. 3740.
Initial investigations led by Prosecutor Ramon M. Gerona resulted in a Joint Resolution recommending the filing of estafa charges under Article 318 of the Revised Penal Code and dismissal of other complaints for lack of sufficient evidence.
The Information for estafa was filed with the Regional Trial Court (RTC) of Quezon City (Criminal Case No. Q-93-43198) on April 12, 1993.

The petitioners filed motions for reconsideration and a petition for review with the Department of Justice (DOJ) challenging the Joint Resolution, alleging absence of fraud and improper procedure.
The DOJ gave due course to the petition for review but on July 23, 1993, dismissed it, relying on the principle that once an information is filed in court, the trial court has exclusive jurisdiction over the case.
Respondent RTC Judge Maximiano C. Asuncion denied the petitioners' motions to suspend proceedings and hold the issuance of arrest warrants in abeyance. He ordered the issuance of the warrants and set the arraignment date.
The petitioners filed a petition for certiorari and prohibition with the Court of Appeals (CA), which dismissed the petition on grounds of mootness following the DOJ dismissal.
The petitioners filed motions for reconsideration with CA, all denied.
The Supreme Court First Division initially denied due course to the petition but later the Court en banc reinstated the petition and considered the issues for decision.

The promotion ran from February 17 to May 8, 1992, and was extended until June 12, 1992, with crowns/caps bearing winning numbers and a unique security code.
The "349" number was announced as winning on May 25, 1992, but there was controversy as clips with the same number bore both winning and non-winning security codes.
Complainants alleged fraud when PEPSI refused to redeem the prizes on "349" crowns not bearing the winning security code.
Investigations and a Task Force DTI Report indicated a deviation from the approved mechanics of the promotion, especially the dual security codes for number "349."
The prosecutors concluded that the deviation and refusal to pay prizes amounted to deceit constituting estafa.

Whether RTC Judge Asuncion gravely abused his discretion in denying the motions to suspend proceedings and hold in abeyance the issuance of arrest warrants pending DOJ resolution.

Whether RTC Judge Asuncion gravely abused his discretion in ordering the issuance of warrants of arrest without personally examining the records of the preliminary investigation.

Whether the DOJ through its "349" Committee committed grave abuse of discretion in dismissing the petition for review of the Joint Resolution.

Denying the petitioners' application for writ of preliminary injunction solely on the basis that the judge had the Joint Resolution before him.
Dismissing the petition on grounds of mootness after the DOJ dismissal of the petition for review.

Whether the Supreme Court can determine the existence of probable cause in this proceeding.