The Supreme Court has affirmed the Secretary of Justice’s authority to order the reinvestigation of a case, even without a pending petition, if there is a potential miscarriage of justice. This power, however, is not absolute, as it remains subject to judicial review for grave abuse of discretion. Furthermore, the Court clarified that once a trial court determines probable cause and issues a warrant of arrest, a petition questioning the preliminary investigation becomes moot. This means that the focus shifts to the trial court’s proceedings, emphasizing the importance of timely raising objections during the preliminary stages of a case.

From Dismissal to Reinvestigation: Can the Justice Secretary Change the Course of a Case?

The case of Secretary Leila De Lima vs. Mario Joel T. Reyes revolves around the Secretary of Justice’s decision to create a second panel of prosecutors to reinvestigate the murder of Dr. Gerardo Ortega. The initial panel had dismissed the complaint, leading Dr. Ortega’s wife to seek the admission of additional evidence, particularly mobile phone communications linking former Governor Reyes to the crime. When the first panel refused to admit this evidence, the Secretary of Justice stepped in, creating a new panel to ensure a thorough investigation. This decision sparked a legal battle, with Reyes questioning the Secretary’s authority to order a reinvestigation and the validity of the second panel’s findings.

At the heart of the matter lies the extent of the Secretary of Justice’s power to intervene in preliminary investigations. Petitioners argue that the Secretary acted within her authority under Republic Act No. 10071 and the 2000 NPS Rule on Appeal. They contended that the initial panel appeared to disregard rules of preliminary investigation, justifying intervention to prevent injustice. Respondent countered that the Secretary’s discretion was not “unbridled” and that all parties had adequate opportunity to present evidence before the first panel.

The Court of Appeals sided with Reyes, declaring Department Order No. 710 null and void, finding that the Secretary should have modified or reversed the resolutions of the First Panel pursuant to the 2000 NPS Rule on Appeal instead of issuing Department Order No. 710 and creating the Second Panel. However, the Supreme Court reversed this decision. The Supreme Court emphasized the Secretary of Justice’s power, stating:

Section 4. Power of the Secretary of Justice. – The power vested in the Secretary of Justice includes authority to act directly on any matter involving national security or a probable miscarriage of justice within the jurisdiction of the prosecution staff, regional prosecution office, and the. provincial prosecutor or the city prosecutor and to review, reverse, revise, modify or affirm on appeal or petition for review as the law or the rules of the Department of Justice (DOJ) may provide, final judgments and orders of the prosecutor general, regional prosecutors, provincial prosecutors, and city prosecutors.

The Court clarified that the Secretary of Justice exercises control and supervision over prosecutors and has the authority to affirm, nullify, reverse, or modify their resolutions. Building on this principle, the Court cited Ledesma v. Court of Appeals, stating:

Decisions or resolutions of prosecutors are subject to appeal to the secretary of justice who, under the Revised Administrative Code, exercises the power of direct control and supervision over said prosecutors; and who may thus affirm, nullify, reverse or modify their rulings.

Building on this, Section 4 of Republic Act No. 10071 empowers the Secretary to act directly in cases involving a “probable miscarriage of justice.” Thus, the Secretary may order a reinvestigation even without a formal motion from a party. In this case, the Secretary reasonably believed that the First Panel’s refusal to admit additional evidence could lead to an unjust outcome.

The Supreme Court highlighted the distinction between executive and judicial determinations of probable cause. The executive determination, made during preliminary investigation, falls within the prosecutor’s discretion. The judicial determination, on the other hand, is made by a judge to decide whether to issue a warrant of arrest. In People v. Castillo and Mejia, the Court explained:

There are two kinds of determination of probable cause: executive and judicial. The executive determination of probable cause is one made during preliminary investigation…The judicial determination of probable cause, on the other hand, is one made by the judge to ascertain whether a warrant of arrest should be issued against the accused.

The Court emphasized the limited role of courts in interfering with a prosecutor’s preliminary investigation, as such determination is within the prosecutor’s discretion. Once the information is filed in court, the court acquires jurisdiction, and any subsequent actions regarding dismissal or determination of guilt rest solely with the court. This principle was underscored in Crespo v. Mogul:

The rule therefore in this jurisdiction is that once a complaint or information is filed in Court, any disposition of the case as to its dismissal or the conviction or acquittal of the accused rests in the sound discretion of the Court. Although the fiscal retains the direction and control of the prosecution of criminal cases even while the case is already in Court he cannot impose his opinion on the trial court.

Ultimately, the Supreme Court deemed the petition moot because the trial court had already issued a warrant of arrest. This signified that the trial court had independently determined probable cause, transferring jurisdiction to the court. The Court further stated that once a trial court has acquired jurisdiction over a case, the existence of probable cause has been judicially determined, a petition for certiorari questioning the conduct of the preliminary investigation ceases to be the “plain, speedy, and adequate remedy” provided by law.

The Court noted that the appropriate course of action was to proceed to trial, while also noting that the Respondent was not without remedies. The Court declared that it would be prudent to refrain from entertaining the Petition considering that the trial court already issued a warrant of arrest against respondent as the issuance of the warrant signifies that the trial court has made an independent determination of the existence of probable cause.

FAQs

What was the central legal question in this case?	The primary issue was whether the Secretary of Justice has the authority to order a reinvestigation of a case, even without a pending appeal, if it appears there might be a miscarriage of justice.
What is a preliminary investigation?	A preliminary investigation is an inquiry to determine if there’s enough evidence to believe a crime was committed and if the accused is likely responsible, warranting a trial. It is not a trial itself.
What is the difference between executive and judicial determination of probable cause?	Executive determination is the prosecutor’s assessment during the preliminary investigation, while judicial determination is the judge’s assessment when deciding whether to issue an arrest warrant.
What happens once the information is filed in court?	Once the information is filed in court, the court acquires jurisdiction, and the decision to dismiss the case or determine guilt/innocence rests with the court, not the prosecutor or Secretary of Justice.
What is a writ of certiorari?	A writ of certiorari is a court order to review the decision of a lower court or administrative body for errors or irregularities.
What does it mean for a case to be “moot”?	A case is moot when the issue is no longer relevant or can’t be resolved by the court, typically because events have overtaken the legal question.
What is grave abuse of discretion?	Grave abuse of discretion implies that an action was done in such an arbitrary or despotic manner that it amounts to a virtual refusal to perform a duty or act within the bounds of the law.
What remedies are available to the accused if a preliminary investigation is flawed?	Even with a flawed preliminary investigation, the accused can raise concerns during pre-trial or file appropriate actions before the trial court to address any irregularities.

In conclusion, the Supreme Court’s decision reinforces the Secretary of Justice’s power to ensure fair and thorough investigations, while also recognizing the trial court’s ultimate authority once a case is filed. This ruling underscores the importance of addressing concerns about preliminary investigations promptly, as challenges become moot once the trial court takes over.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: Secretary Leila De Lima, et al. vs. Mario Joel T. Reyes, G.R. No. 209330, January 11, 2016