Case Digest (G.R. No. 111771-77)
Facts:
Antonio L. Sanchez v. The Honorable Harriet O. Demetriou, G.R. No. 111771-77, November 09, 1993, Supreme Court En Banc, Cruz, J., writing for the Court.Petitioner Antonio L. Sanchez (Mayor of Calauan, Laguna) sought relief from the Supreme Court after the respondent trial judge denied his motion to quash seven informations for rape with homicide. The respondents named in the caption included Harriet O. Demetriou (Presiding Judge, RTC, NCR, Branch 70, Pasig), Franklin Drilon (Secretary of Justice), and members of the Panel of State Prosecutors (including Jovencito R. Zuno, Leonardo C. Guiyab, Jr., Carlos L. De Leon, Ramoncito C. Mison, Reynaldo J. Lugtu and Rodrigo P. Lorenzo).
On July 28, 1993, the Presidential Anti‑Crime Commission requested the filing of appropriate charges in connection with the rape‑slay of Mary Eileen Sarmenta and the killing of Allan Gomez. The Department of Justice (DOJ) Panel of State Prosecutors conducted a preliminary investigation on August 9, 1993; petitioner was not personally present but was represented by Atty. Marciano Brion, Jr. On August 12–13, 1993, petitioner received a PNP “invitation” and was taken to Camp Vicente Lim. At a confrontation there, state witnesses Aurelio Centeno and SPO III Vivencio Malabanan identified petitioner and executed extrajudicial confessions implicating him. Petitioner was placed on “arrest status” and brought to the DOJ in Manila, where an inquest was conducted with Atty. Salvador Panelo acting as his counsel.
A warrant of arrest was issued on August 13, 1993 by Judge Enrico A. Lanzanas (RTC, Manila, Branch 7) in connection with separate administrative criminal cases (violations of R.A. No. 6713), and petitioner was detained at CIS Detention Center, Camp Crame. On August 16, 1993 the prosecutors filed seven informations in the RTC of Calamba, Laguna, charging petitioner and six co‑accused with rape and killing of Sarmenta; Judge Eustaquio P. Sto. Domingo issued arrest warrants for all accused on August 26, 1993. Because of concerns about a partisan atmosphere in Laguna and a relationship between a trial‑court employee and an accused, the Secretary of Justice sought transfer; this Court ordered transfer of venue to Pasig, where the cases were raffled to Judge Harriet Demetriou.
On September 10, 1993 the informations were amended to allege the killing of Allan Gomez as an aggravating circumstance. Petitioner filed a motion to quash the informations on several grounds; on September 13, 1993 the respondent judge denied the motion after oral argument. Petitioner then filed with the Supreme Court a petition for certiorari and prohibition (Rule 65) with a prayer for temporary restraining order/writ of injunction, challenging (inter alia) alleged denial of opportunity to present evidence at preliminary investigation; asserted exclusive jurisdiction in the Ombudsman; alleged illegality of his warrantless arrest an...(Pro-only)
Issues:
- Was petitioner denied the right to present counter‑affidavits or other evidence during the preliminary investigation?
- Did the Department of Justice lack jurisdiction to investigate and prosecute because only the Ombudsman may investigate public officers?
- Was petitioner’s arrest on August 13, 1993 illegal so as to deprive the trial court of jurisdiction over his person?
- Are the seven informations defective because they charge seven homicides arising from only two deaths?
- Were the informations discriminatory for failing to charge Teofilo Alqueza and Edgardo Lavadia?
- Should the cases have been filed with the ...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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