sic itur ad astra

         Rule 112, Preliminary Investigation | Criminal Procedure Facts: In 1962, four cases were filed by the prosecuting fiscals before the Court of First Instance of Zamboanga City for the crime of Estafa thru falsification of public/official documents. The accused were released on a bond for provisional liberty and subsequently pleaded not guilty to the charges.  The cases were docketed as Criminal Case No. 3083, 3084, 3088, and 3128.  The state prosecutors certified under oath that they conducted a preliminary investigation and believed the offense charged had been committed and the accused were probably guilty thereof. However, In Criminal Case No. 3128, the District Judge himself made the preliminary investigation as the information did not contain a certification that a preliminary investigation had been made by the prosecutors. In 1966, the accused in four cases filed a motion to declare the informations and warrants of arrest null and void, a...

        Rule 112, Preliminary Investigation, Secretary of Justice | Criminal Procedure Facts: Dr. Gerardo Ortega, a veterinarian and radio anchor in Palawan, was shot and killed inside a Ukay-ukay shop in 2011. Marlon Recamata, who was arrested after a brief chase with police, made an extrajudicial confession admitting to the crime and implicated Rodolfo "Bumar" O. Edrad, Dennis C. Aranas, and Armando "Salbakotah" R. Noel, Jr.  Edrad alleged that former Palawan Governor Mario Joel T. Reyes ordered the killing of Dr. Ortega. A special panel of prosecutors was created to conduct a preliminary investigation. Dr. Ortega's wife filed a Supplemental Affidavit-Complaint implicating former Governor Reyes as the mastermind of her husband's murder.  The First Panel concluded its preliminary investigation and issued a resolution dismissing the Affidavit-Complaint. Dr. Inocencio-Ortega filed a Motion to Re-Open Preliminary Investigation seeking the admission of mobile ...

        Rule 112, Preliminary Investigation, Probable Cause | Criminal Procedure Facts: The consolidated petitions for certiorari filed by Senator Jinggoy Ejercito Estrada, John Raymund de Asis, and Janet Lim Napoles assail the Joint Resolution and Joint Order of the Office of the Ombudsman finding probable cause to indict them and several others for plunder and violation of Section 3(e) of RA 3019 in connection with the illegal pillaging of public funds sourced from the Priority Development Assistance Fund (PDAF) of Estrada for the years 2004 to 2012.  They are accused of diverting and disbursing Estrada's PDAF through fraudulent non-governmental organizations created and controlled by Napoles, acquiring significant portions of the diverted funds as commission or kickbacks, and giving unwarranted benefits to Napoles and her controlled NGOs. The scheme commenced with the legislator and Napoles discussing the utilization of the legislator's PDAF, and negoti...

        Rule 112, Preliminary Investigation, Probable Cause | Criminal Procedure Facts: Leila M. De Lima, who was the Secretary of the Department of Justice, and Rafael Marcos Z. Rages, who was the Officer-in-Charge of the Bureau of Corrections, are accused of conspiring with Ronnie P. Dayan, an employee of the Department of Justice, to commit illegal drug trading from November 2012 to March 2013. De Lima and Rages used their power and authority to demand money from high-profile inmates in the New Bilibid Prison to support De Lima's senatorial bid in the May 2016 election. Inmates, using mobile phones and electronic devices, traded and trafficked dangerous drugs and gave the proceeds to De Lima through Ragos and Dayan. The accused received ₱5,000,000.00 on November 24, 2012, ₱5,000,000.00 on December 15, 2012, and ₱100,000.00 weekly "tara" from high-profile inmates. Leila de Lima filed a motion to quash the case, citing lack of jurisdiction, lack of authority on the...

     Rule 112 Preliminary Investigation, Procedure | Criminal Procedure Facts: In November 2013, the Ombudsman served upon Sen. Jinggoy Estrada a copy of the complaint, filed by the NBI and Atty. Baligod, that criminal proceedings for Plunder as defined in RA No. 7080 be conducted against Sen. Estrada.  Sen. Estrada filed his counter-affidavit. In December 2013, the Ombudsman served upon Sen. Estrada a copy of the complaint filed by the FIO of the Ombudsman, that criminal proceedings for Plunder, as defined in RA No. 7080, and for violation of Section 3(e) of RA No. 3019, be conducted against Sen. Estrada. Sen. Estrada filed his counter affidavit. Eighteen of Sen. Estrada’s co-respondents in the two complaints filed their counter-affidavits between December 2013 and March 2014. In March 2014, Sen. Estrada filed his Request to be Furnished with Copies of Counter-Affidavits of the Other Respondents, Affidavits of New Witnesses and Other Filings (Request) in the first c...

         Rule 112, Preliminary Investigation, Discretion | Criminal Procedure Facts: On November 13, 2007, a bomb exploded near the entrance of the South Wing lobby of the House of Representatives in the Batasan Complex, Quezon City. Several people were killed, and many were seriously injured. The explosion was caused by an improvised bomb planted on a motorcycle parked near the entrance stairs of the South Wing lobby.  On November 15, the police raided an alleged Abu Sayyaf Group (ASG) safehouse and killed three persons while arresting three others. Several items were seized, including a black wallet with a GSIS ID card issued to Caidar Aunal and calling cards of Gerry A. Salapuddin. One of the Cal. 45 pistols found was traced back to Julham S. Kunam, Political Affairs Assistant of Salapuddin.  Adham Kusain executed a Sinumpaang Salaysay claiming that his motorcycle was used during the bombing at the Batasan Complex without his knowledge. Ikram Indama...

        Rule 112, Preliminary Investigation, Discretion | Criminal Procedure Facts: The Punzalan and the Plata families were neighbors in Hulo Bliss, Mandaluyong City.  At around 11:00 p.m. of August 13, 1997, Dencio dela Peña , a house boarder of the Platas, was in front of a store near their house when the group of Rainier Punzalan, Randall Punzalan, Ricky Eugenio, Jose Gregorio, Alex "Toto" Ofrin, and several others arrived.  Ricky Eugenio shouted at Dela Peña, " Hoy, kalbo, saan mo binili and sumbrero mo?" Dela Peña replied, "Kalbo nga ako, ay pinagtatawanan pa ninyo ako."   Irked by the response, Jose Gregorio slapped Dela Peña while Rainier punched him in the mouth. The group then ganged up on him. In the course of the melee, somebody shouted, "Yariin na ‘yan!"   Thereafter, Alex "Toto" Ofrin kicked Dela Peña and tried to stab him with a balisong but missed because he was able to run. The group chased him. While Dela Peña was f...