Case Summary (G.R. No. 191567)
Procedural History
• February 27, 2007 – Victim’s body discovered.
• December 18, 2007 – Quezon City Office of the City Prosecutor (OCP) dismisses murder complaint for lack of evidence.
• May 21, 2009 – Secretary of Justice (SJ) denies reconsideration, affirms dismissal.
• November 20, 2009 – Court of Appeals (CA) rejects petitioner’s Rule 43 petition, upholding SJ’s resolution.
• Appeal to the Supreme Court by certiorari.
Applicable Legal Framework
• 1987 Philippine Constitution – separation of powers doctrine confines probable-cause determinations to the Executive.
• Rules of Court – Rule 112 on preliminary investigation and Rule 43 on petition for review; remedy against SJ is certiorari, not Rule 43.
• Jurisprudence – probable cause requires a well-founded belief of crime and guilt; judicial interference only upon grave abuse of discretion.
Preliminary Investigation and Probable Cause Standard
Preliminary investigation (Rule 112, Sec. 1) aims to determine if facts engender a well-founded belief that a crime was committed and the respondent is probably guilty. Probable cause: evidence “more likely than not” supports an information. It demands more than suspicion but less than proof beyond reasonable doubt.
Resolution by the Office of the City Prosecutor
The OCP found:
• No eyewitness to the killing;
• Absence of motive and direct or sufficient circumstantial evidence linking respondents to the crime;
• Unreliable hearsay identifying a female inside one respondent’s vehicle;
and thus dismissed the murder complaint.
Review by the Secretary of Justice
On administrative appeal, the SJ affirmed for lack of probable cause:
• Questionable witness identification of Philip as the driver—tinted windows, no alighting;
• Motive unestablished;
• Circumstantial evidence deemed speculative;
and denied reconsideration.
Appeal to the Court of Appeals
Petitioner filed a Rule 43 petition seeking appellate review of the SJ’s resolution. The CA dismissed it for lack of jurisdiction, holding that SJ resolutions on probable cause are non-appealable under Rule 43. The CA affirmed that the SJ did not gravely abuse discretion.
Petition for Review and Proper Remedy
The Supreme Court observed that a Rule 43 petition was improper. Challenges to SJ’s probable-cause findings must proceed by special civil action for certiorari, not by appeal, reinforcing separation of functions between Executive (prosecutorial discretion) and Judiciary.
Separation of Powers and Scope of Judicial Review
Under the 1987 Constitution, the Executive alone determines probable cause; courts intervene only upon clear, patent, and gross grave abuse of discretion—an arbitrary or despotic exercise of power. Absent such abuse, judicial review is barred.
Assessment of Evidence and Lack of Probable Cause
The records showed:
• No direct testimony placing respondents at the scene of the killing;
• No identification of the murder weapon or the manner of attack by the respondents;
• Only circu
Case Syllabus (G.R. No. 191567)
Facts of the Case
- Victim: Cheasare Armani “Chase” Callo Claridad, found dead February 27, 2007 at the carport of No. 10 Cedar Place, Ferndale Homes, Quezon City
- Discovery: Evening of February 27, 2007; body naked from the waist up, bloodied, lying between two parked cars
- Last Seen: Less than an hour before discovery, Chase was allegedly in a white Honda Civic (plate CRD 999) driven by respondent Philip Ronald P. Esteban
- Text Messages: Between 7:09 p.m. and 7:31 p.m., Chase exchanged messages with his girlfriend, lamenting separation and sadness
- Security Logs: SG Rodolph Delos Reyes and SG Henry Solis recorded Philip’s arrival at 7:26 p.m. in the white Honda Civic with a male companion
- Parking Dispute: Esteban family cars habitually parked in an uninhabited carport (No. 10); security guards kept incident logs and warned them repeatedly
- Witnesses at Scene:
• Marivic Guray and Jennylyn Buri (house helpers) heard cries for “Help! Help!” at about 7:30 p.m. but did not approach
• SG Abelardo Sarmiento Jr. discovered blood-smears in Civic JTG 333 and car CRD 999, then found Chase’s body at 7:50 p.m. - Scene Processing: SOCO team sketched and photographed the scene; recovered cadaver, a bloodstained T-shirt, green nylon cord, fingerprints, wristwatch, and a bloodied Nokia N90
- Autopsy Findings: Two stab wounds—one 9 cm deep in the left lower chest fracturing the 4th rib and piercing the heart; another on the forearm—confirming fatal stabbing
Procedural History
- Office of the City Prosecutor (December 18, 2007): Dismissed complaint for murder—lack of evidence, motive, unreliable circumstantial links
- OCP Denial of Reconsideration (December 15, 2008): Motion to reinstate complaint denied
- Secretary of Justice Resolution (April 16, 2009): Affirmed OCP dismissal for lack of probable cause; denied recon