Case Summary (G.R. No. 217508)
Procedural History
An Information was filed in RTC Branch 74 (Criminal Case No. 865-2014) and an arrest warrant issued. Pemberton filed a Petition for Review with the DOJ and sought to defer RTC proceedings. Secretary De Lima denied review and reconsideration in resolutions dated January 27 and February 20, 2015. Pemberton then filed a Rule 65 petition for certiorari with this Court, seeking to set aside the DOJ resolutions and obtain injunctive relief. The Office of the Solicitor General raised procedural infirmities, hierarchy violation, and mootness.
Issues
- Whether Secretary De Lima gravely abused her discretion in sustaining probable cause, thus denying due process.
- Whether petitioning this Court violated the hierarchy of courts by bypassing the Court of Appeals.
- Whether the case is moot and academic in light of RTC’s conviction or issuance of an arrest warrant.
Analysis on Grave Abuse of Discretion
“Grave abuse of discretion” entails arbitrary or despotic action equivalent to lack of jurisdiction. The proper test for probable cause under the 1987 Constitution and jurisprudence requires probability of guilt, more than bare suspicion but less than proof beyond reasonable doubt. Secretary De Lima’s determination relied on:
– CCTV footage and witness identifications placing Pemberton with Laude.
– Physical evidence: latent fingerprint on a condom, bodily abrasions, and buccal swab results.
– Autopsy and crime-scene inspection demonstrating treachery (sudden strangulation), abuse of superior strength (physical disparity between U.S. Marine and transgender victim), and cruelty (forceful drowning in a toilet bowl).
Circumstantial evidence sufficed for probable cause. Pemberton was afforded multiple opportunities to file counter-affidavits and motions for reconsideration, satisfying due process. No capricious or arbitrary action occurred.
Analysis on Hierarchy of Courts
Under the doctrine of hierarchy, extraordinary writs should be sought first in trial courts or the Court of Appeals unless exceptional reasons exist. Exceptions include issues of immediate constitutional importance, transcendental rights, cases of first impression, better decided by the Supreme Court, urgency, actions of constitutional bodies, lack of alternative remedies, or matters of broad public policy. Pemberton’s assertion of expedited trial did not meet these criteria. The Court of Appeals, possessing concurrent original jurisdiction over Rule 65 petitions, would have been the proper forum. No compell
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Facts of the Case
- Private respondent Marilou Laude y Serdoncillo and the Philippine National Police–Olongapo City Police Office filed a complaint for murder against petitioner Joseph Scott Pemberton.
- On October 17, 2014, Pemberton received a subpoena from the City Prosecutor of Olongapo City, affording him ten days to file a counter-affidavit.
- On October 21, 2014, Laude filed an Omnibus Motion requesting:
- Subpoena of Pemberton for fingerprint and buccal swab collection at the clarificatory hearing on November 5, 2014.
- Subpoena of the PNP Crime Laboratory to conduct forensic examination, including DNA testing.
- Pemberton filed an Opposition to the Omnibus Motion and, on October 27, 2014, a Manifestation and Omnibus Motion for clarification, dismissal of probable cause or reduction of the charge to homicide.
- During the October 27 preliminary investigation, the prosecutor deemed Pemberton’s right to file a counter-affidavit waived.
- By Order dated October 29, 2014, the City Prosecutor directed the PNP Crime Laboratory to collect latent fingerprints and buccal swabs from Pemberton and submit results within three weeks.
- On November 4, 2014, Pemberton moved to determine probable cause based on existing evidence and for reconsideration of the October 29 Order.
- The City Prosecutor continued evaluating evidence and conducted ocular inspections.
- On December 15, 2014, the City Prosecutor issued a Resolution finding probable cause for murder and filed an Information in the Regional Trial Court (Branch 74, Criminal Case No. 865-2014), which issued an arrest warrant.
- On December 18, 2014, Pemberton filed a Petition for Review with the Department of Justice and a Motion to Defer the RTC proceedings.
- On January 27, 2015, Secretary De Lima denied the Petition for Review; on February 20, 2015, she denied reconsideration for lack of merit.
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