Case Summary (G.R. No. 226355)
Petitioner
Gloria Pilar S. Aguirre, common-law sister alleging lack of informed consent and unlawful conspiracy to mutilate Larry and to falsify a psychiatric report.
Respondents
- Secretary, Department of Justice (DOJ)
- Michelina S. Aguirre-Olondriz (sister)
- Pedro B. Aguirre (guardian/father)
- Dr. Juvido Agatep (urologist)
- Dr. Marissa B. Pascual (psychiatrist)
Key Dates
• June 19, 1986 – RTC appointment of co-guardians over Larry
• January 21, 2002 – Psychiatric report diagnosing mild-moderate retardation
• January 31, 2002 – Vasectomy performed
• January 8, 2003 – OCP Resolution dismissing complaint
• February 11 & November 12, 2004 – DOJ resolutions affirming dismissal
• July 21 & December 5, 2005 – Court of Appeals decision and denial of reconsideration
• March 3, 2008 – Supreme Court decision
Applicable Law
• 1987 Philippine Constitution (decision after 1990)
• Revised Penal Code: Article 172 (Falsification by private individuals), Article 262 (Mutilation)
• Republic Act No. 7610 (Child Abuse, Exploitation and Discrimination Act)
• Rule 45, Rules of Court (Certiorari)
Antecedent Facts
Larry was adopted from an orphanage in 1978. Developmental delays prompted a formal guardianship in 1980 and judicial confirmation in 1986. Evaluations in 1989 and 2000 established mild to moderate mental deficiency.
Medical and Psychiatric Evaluation
In January 2002, Dr. Pascual found that Larry lacked capacity to understand risks and that decision-making should rest with his guardians. The psychiatric report detailed his cognitive deficits, dependency for daily living, and absence of violent behavior.
Vasectomy Procedure
Relying on the psychiatric clearance and Pedro Aguirre’s consent as legal guardian, Dr. Agatep performed a bilateral vasectomy on Larry on January 31, 2002.
Criminal Complaint
On June 11, 2002, Gloria Aguirre filed charges for falsification (Article 172) and mutilation (Article 262) in relation to RA 7610, alleging conspiracy, lack of Larry’s consent, non-authorization by the guardianship court, and false statements in the psychiatric report (including misdiagnosis of Lourdes Aguirre).
Respondents’ Defenses
Each respondent denied participation in falsification or mutilation. Olondriz and Pedro Aguirre disputed standing and characterization of vasectomy as mutilation. Drs. Agatep and Pascual invoked professional independence and absence of factual misstatements.
Preliminary Investigation and Dismissal
The Assistant City Prosecutor found no probable cause for falsification—no untruthful statements in the psychiatric report—and no mutilation, as vasectomy did not permanently deprive Larry of any essential reproductive organ. Complaint recommended dismissed for insufficiency of evidence.
DOJ Review
Chief State Prosecutor and Secretary of Justice affirmed the dismissal, finding no reversible error or grave abuse of discretion in the OCP resolution under Department Circular No. 70 (2000).
Court of Appeals Decision
Under Rule 65, the appellate court denied certiorari relief, affirming that vasectomy is reversible and not “mutilation” and that no grave abuse of discretion occurred in probable-cause determination.
Issue for Supreme Court Review
Whether the DOJ and the Court of Appeals gravely abused discretion amounting to lack or excess of jurisdiction in upholding the dismissal of criminal charges for falsification and mutilation.
Standard of Review
Probable cause is a reasonable belief, based on facts, that an offense was committed. Courts will not disturb a prosecutor’s finding absent grave abuse of discretion—arbitrary, capricious, or despoti
...continue readingCase Syllabus (G.R. No. 226355)
Facts
- Laureano “Larry” Aguirre, born as Jose Miguel Garcia, became a ward of Pedro and Lourdes Aguirre by affidavit in June 1980 and by RTC appointment on 19 June 1986.
- From infancy, Larry exhibited markedly delayed milestones: crawling “like a frog” at age three to four; first words only at age three; sentences at age six; walking only after his fifth birthday.
- A 1989 neurological and psychological work-up revealed mild to moderate mental retardation; he was thereafter schooled at an institution for special children.
- In November 2001 the Aguirre spouses sought a vasectomy for the then 24-year-old Larry. Urologist Dr. Juvido Agatep required psychiatric clearance first.
- Psychiatrist Dr. Marissa Pascual examined Larry and in her 21 January 2002 report concluded that, due to his mental deficiency, Larry could not understand the nature and consequences of vasectomy and that decision-making should be vested in his guardian.
- Acting on his father’s consent, Dr. Agatep performed a bilateral vasectomy on Larry on 31 January 2002.
Procedural Background
- On 11 June 2002 petitioner Gloria Aguirre filed Complaint-Affidavit I.S. No. 02-12466 before the Quezon City OCP, charging Pedro Aguirre, Olondriz, Dr. Agatep, Dr. Pascual and John/Jane Does with violation of Article 172 (falsification) and Article 262 (mutilation) of the RPC in relation to RA 7610.
- All respondents filed counter-affidavits denying conspiracy, falsification of the psychiatric report, and that vasectomy amounted to mutilation.
- The Assistant City Prosecutor, in an 8 January 2003 resolution,