Case Summary (G.R. No. 203605)
Initial Complaint and Incident Description
Lilian filed a complaint with the Department of Justice on July 28, 2009, alleging that certain members of the PNP, specifically from the Highway Patrol Group and the Special Action Force, engaged in a conspiracy leading to the deaths of her husband and child. Lilian recounted her attempts to contact Jun and her ultimate discovery that they were involved in a police shootout. Tragically, Lia was found deceased from a gunshot wound, and Jun was found shot dead, supposedly while trying to rescue his daughter.
Judicial Proceedings and Early Outcomes
On December 28, 2009, the DOJ found probable cause to file murder charges against the accused police officers. Subsequently, on March 15, 2010, the DOJ filed the appropriate information before the Regional Trial Court (RTC) of Paranaque City. The petitioners, asserting the violation of their constitutional rights, filed an omnibus motion seeking the annulment of the DOJ's resolution and requested the dismissal of the information based on a lack of probable cause.
RTC Dismissal and Reconsideration
On June 16, 2010, the RTC dismissed the case against the petitioner HPG officers for lack of probable cause, noting the absence of witness testimony linking them directly to the crime. The RTC characterized the petitioners as merely acting as a blocking force during a legitimate police operation. Lilian’s motion for reconsideration was denied on September 24, 2010, leading to further judicial proceedings.
Appeal to the Court of Appeals
The Office of the Solicitor General (OSG) filed a petition for certiorari with the Court of Appeals (CA) on January 21, 2011, asserting the RTC's grave abuse of discretion in dismissing the charges. On June 15, 2012, the CA agreed with the OSG, finding that the RTC had failed to adequately evaluate the testimonies from witnesses linking the petitioners to the shooting. The CA ordered the issuance of warrants for the arrest of the HPG officers.
Legal Issues Presented
This case raises important procedural issues, specifically regarding:
- The appropriateness of the CA's granting of the OSG’s petition given the final nature of the RTC’s dismissal order.
- The calculation of the prescriptive period for filing the Rule 65 petition based on the timing of the notice.
- The CA's determination of grave abuse of discretion by the RTC in dismissing the charges against the HPG officers.
Court Rulings on Procedural Matters
The Court stressed that the RTC had the authority to dismiss the case if evidence for probable cause was insufficient, a discretion outlined in Section 6, Rule 112 of the Rules of Criminal Procedure. The CA should have denied the OSG’s special civil action for certiorari because it was not an appropriate remedy; the order of the RTC was considered a final order and, thus, had alternative appeal routes available.
Dismissal of Certiorari Petition
The Court underscored that the OSG’s petition was not timely, being filed 112 days after the city prosecutor received the RTC's dismissal order, thereby exceeding the 60-day limit. This established that the order was no longer subject to appellate review, leading the Court to re
...continue readingCase Syllabus (G.R. No. 203605)
Case Background
- On July 28, 2009, Lilian I. De Vera filed a complaint with the Department of Justice (DOJ) against several Philippine National Police (PNP) officers, including petitioners P/C Insp. Lawrence B. Cajipe and others, charging them with multiple murders.
- The complaint alleged that the officers conspired with members of the PNP Special Action Force (SAF) to kill Lilian's husband, Alfonso "Jun" S. De Vera, and their 7-year-old daughter, Lia Allana.
- The tragic event occurred on December 5, 2008, when Lilian attempted to meet Jun and Lia but found them involved in a shootout at their subdivision.
- Witnesses reported that Jun and Lia were in their vehicle when police officers opened fire, resulting in both fatalities.
Incident Details
- Lilian called Jun to inform him of her arrival in Pasay City but, upon reaching the area, found that they were missing.
- After learning about a police shootout, she was informed by a neighbor, Hilario Indiana, to go to the hospital where Lia was taken.
- At the hospital, Lilian discovered that Lia had died from a gunshot wound, and Jun was found dead near a jeepney, also shot in the head.
- Witnesses claimed Jun was shot while trying to rescue Lia from the vehicle.
Legal Proceedings
- On December 28, 2009, the DOJ issued a resolution indicating probable cause for murder charges against the involved police officers.
- Subsequent to the DOJ findings, the Regional Trial Court (RTC) of Parañaque City received the information in Criminal Cases 10-0280 and 10-0281.
- The petitioner HPG officers filed an omnibus motion seeking a judicial determination of probable cause and requesting th