Category Archives: DOJ

The acts of a quasi-judicial officer like DOJ Secretary may be assailed by the aggrieved party via a petition for certiorari and enjoined

On March 3, 2000, then Secretary of Justice Artemio Tuquero (Secretary Tuquero) dismissed the PDI Staff’s Petition for Review of the Resolution of the City Prosecutor.[11]  Secretary Tuquero rejected the argument of therein petitioners that the complaint should be dismissed … Continue reading

Posted in Certiorari, Certiorari Under Rule 65, DOJ, Libel, Probable Cause, Remedial Law | Tagged | Leave a comment

DOJ resolutions became final and executory when petitioner failed to elevate said resolutions directly to the CA within the 60-day reglementary period.

After petitioner’s receipt of the DOJ Secretary’s resolution denying her motion for reconsideration of the resolution dismissing her petition for review of the prosecutors’ resolutions dismissing her complaint for libel, she filed a petition for review before the OP on … Continue reading

Posted in DOJ, Judgment | Tagged | Leave a comment

The President’s act of delegating authority to the Secretary of Justice by virtue of said Memorandum Circular is well within the purview of the doctrine of qualified political agency, long been established in our jurisdiction

Anent the 1st, 2nd and 4th  assigned errors, petitioner argues that the refusal of the OP to act on her petition could not be justified as falling within the ambit of the doctrine of  qualified political agency; that while the … Continue reading

Posted in DOJ, Executive, Political Law, President | Tagged | Leave a comment

Is a preliminary investigation a quasi-judicial proceeding? Is a DOJ a quasi-judicial agency exercising a quasi-judicial function when it reviews the findings of a public prosecutor regarding the presence of probable cause.

We cannot agree with petitioners’ submission that a preliminary investigation is a quasi-judicial proceeding, and that the DOJ is a quasi-judicial agency exercising a quasi-judicial function when it reviews the findings of a public prosecutor regarding the presence of probable … Continue reading

Posted in Definitions, DOJ, Preliminary Investigation, Prosecutors, Quasi-Judicial, Question and Answers | Tagged | 2 Comments

The question of whether or not to dismiss a complaint is within the purview of the functions of the prosecutor and, ultimately, that of the Secretary of Justice?

We now resolve whether the Secretary of Justice committed grave abuse of discretion in his Resolutions dated June 6, 2000 and October 11, 2000.  Under the Revised Administrative Code, the Secretary of Justice exercises the power of direct control and … Continue reading

Posted in DOJ, Preliminary Investigation, Prosecutors, Question and Answers, Supervision and Control | Tagged , , , | Leave a comment

In the determination of probable cause, the Ombudsman’s discretion prevails over judicial discretion

In our criminal justice system, the public prosecutor exercises wide latitude of discretion in determining whether a criminal case should be filed in court.  Courts must respect the exercise of such discretion when the information filed against the person charged … Continue reading

Posted in Criminal Law, DOJ, Ombudsman, Preliminary Investigation, Probable Cause | Tagged | Leave a comment

While prosecutors are given sufficient latitude of discretion in the determination of probable cause, their findings are subject to review by the Secretary of Justice

The Court held in First Women’s Credit Corporation v. Perez that:[13] It is settled that the determination of whether probable cause exists to warrant the prosecution in court of an accused should be consigned and entrusted to the Department of … Continue reading

Posted in Criminal Law, DOJ, Preliminary Investigation, Probable Cause, Uncategorized | Tagged , | Leave a comment