Case Summary (G.R. No. 209330)
Petitioner and Respondent
Petitioners: Secretary of Justice Leila De Lima and members of the Second Panel of prosecutors.
Respondent: Mario Joel T. Reyes.
Key Dates
• January 24, 2011 – Ortega is shot dead; Marlon Recamata arrested and confesses.
• February 6, 2011 – Sinumpaang Salaysay implicates former Governor Reyes.
• February 7, 2011 – Department Order No. 091 creates First Panel of prosecutors.
• June 8 & September 2, 2011 – First Panel dismisses complaint and denies motions to reopen or reconsider.
• September 7, 2011 – Department Order No. 710 creates Second Panel for reinvestigation.
• March 12, 2012 – Second Panel finds probable cause; information filed.
• March 27, 2012 – Trial court issues warrant of arrest.
• March 19 & September 27, 2013 – Court of Appeals declares Department Order No. 710 void.
• January 11, 2016 – Supreme Court issues decision.
Applicable Law and Constitutional Basis
• 1987 Philippine Constitution, Article VIII, Section 1 (judicial review for grave abuse of discretion).
• Republic Act No. 10071 (Prosecution Service Act of 2010), Section 4 (powers of the Secretary of Justice).
• 2000 National Prosecution Service Rule on Appeal (petitions for review, reinvestigation).
• Rules of Court, Rule 112 (preliminary investigation), Rule 65 (certiorari and prohibition).
Preliminary Investigation and First Panel Resolution
Upon Recamata’s confession and additional Sinumpaang Salaysay implicating Reyes, the DOJ’s First Panel conducted a preliminary investigation. On June 8, 2011, it dismissed the complaint for lack of probable cause. Subsequent motions by the complainant (Dr. Ortega’s widow) to reopen the investigation and for partial reconsideration were denied on September 2, 2011, on procedural and substantive grounds.
Creation of Second Panel via Department Order No. 710
Citing the interest of service and due process and fearing a probable miscarriage of justice, Secretary De Lima issued Department Order No. 710 on September 7, 2011. This motu proprio order revoked the earlier panel’s mandate and established a new panel to reinvestigate Ortega’s murder, specifically to address additional evidence previously excluded.
Court of Appeals Proceedings and Ruling
Respondent petitioned the Court of Appeals for certiorari and prohibition, arguing that the Secretary gravely abused her discretion by creating a second panel without compelling circumstances and that both parties had adequate opportunity before the First Panel. On March 19, 2013, the Court of Appeals held Department Order No. 710 null and void for failure to follow the appeal procedure in the 2000 NPS Rule on Appeal and for creating two simultaneous petitions pending before the Secretary. A later motion for reconsideration was denied on September 27, 2013.
Issues Presented
- Whether the Secretary of Justice committed grave abuse of discretion in issuing Department Order No. 710.
- Whether that issuance is subject to certiorari or prohibition given its executive nature.
- Whether the Secretary may motu proprio create a new panel for reinvestigation.
- Whether the petition for certiorari became moot upon filing of the information.
Nature of Prosecutorial Functions and Judicial Review
The Court reaffirmed that preliminary investigation is an executive, inquisitorial function focused on determining probable cause, not a trial on merits. Prosecutors do not exercise quasi-judicial functions akin to a court, and their acts are discretionary rather than ministerial. Nonetheless, under the 1987 Constitution (Art. VIII, Sec. 1), judicial review via certiorari is available when a Secretary’s exercise of executive power is tainted by grave abuse of discretion. Such abuse must be “patent and gross” and amount to lack or excess of jurisdiction.
Authority of the Secretary of Justice to Constitute a New Panel
Under RA 10071 Section 4 and Rule 112 Section 4 of the Rules of Court, the Secretary has broad authority to review, reverse, modify, or affirm prosecutorial decisions and to a
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Facts of the Killing of Dr. Ortega
- Dr. Gerardo Ortega, veterinarian and radio anchor known as “Doc Gerry,” was shot dead on January 24, 2011 inside a secondhand clothing stall in San Pedro, Puerto Princesa City, Palawan.
- Suspect Marlon B. Recamata was arrested after a brief chase and made an extrajudicial confession, admitting he shot Dr. Ortega and implicating Rodolfo “Bumar” Edrad, Dennis C. Aranas, and Armando “Salbakotah” R. Noel, Jr.
- On February 6, 2011, Edrad executed a sworn statement before the NBI’s Counter-Terrorism Division, alleging former Governor Mario Joel T. Reyes ordered Ortega’s killing.
- Dr. Patria Gloria Inocencio-Ortega, Dr. Ortega’s wife, filed a Supplemental Affidavit-Complaint on February 14, 2011, naming former Governor Reyes as mastermind and implicating several public officials and private individuals.
Preliminary Investigation by the First Panel
- On February 7, 2011, DOJ Secretary De Lima issued Department Order No. 091 creating the First Panel of prosecutors: Senior Assistant Prosecutor Dayog and Assistants Cacha and Medina.
- The First Panel conducted hearings, admitted evidence, and on June 8, 2011 promulgated a resolution dismissing the affidavit-complaint for lack of probable cause.
- Dr. Inocencio-Ortega moved to re-open the investigation to admit mobile-phone communications; she concurrently filed a motion for partial reconsideration.
- On September 2, 2011, the First Panel denied both motions on procedural grounds (motion to re-open filed post-resolution) and substantive grounds (insufficient evidence for probable cause).
Issuance of Department Order No. 710 and Second Panel
- On September 7, 2011, Secretary De Lima issued Department Order No. 710 revoking Order 091 and creating a Second Panel (Prosecutors Mariano, Barcellano, Gaerlan).
- The Department Order directed reinvestigation “in the interest of service and due process” to consider additional evidence previously denied.
- The Second Panel issued subpoenas to former Governor Reyes to submit counter-affidavit and supporting material on October 6 and 13, 2011.
- On March 12, 2012, the Second Panel found probable cause against all accused, including Reyes, a