SC reminder: Filing of charges in criminal cases final

The Supreme Court reminded all court officials that the decision of the Department of Justice secretary in determining the probable cause for the filing of criminal charges against a suspect is final and cannot be reviewed unless the petitioner claims the decision constitutes grave abuse of discretion.

On September 20, the SC's first division presided by Chief Justice Artemio Panganiban overturned a ruling of the Court of Appeals that reversed a decision issued by then DOJ Secretary Hernando Perez in the case involving Bureau of Customs collector Arnel Alcaraz and a certain Ramon Gonzalez.

The High Tribunal ruled that the CA erred when it entertained the petition for review under Rule 43 of the Rules of Court filed by Gonzalez because the proper remedy of questioning the DOJ decision is to file a petition for certiorari under Rule 65.

"While the appellate court may review the resolution of the Justice Secretary, it may do so only in a petition for certiorari under Rule 65 of the Rules of Court, solely on the ground that the Secretary of Justice committed grave abuse of his discretion amounting to excess or lack of jurisdiction," the SC ruling reads.

The case of Gonzalez and Alcaraz started when the latter, while driving his Nissan Infiniti along the South Luzon Expressway on August 11, 2000, overtook the vehicle driven by Gonzalez and nearly caused an accident.

Gonzalez chased Alcaraz and then shouted at the former BoC Batangas collector about why he made a sudden cut into his lane.

But Alcaraz took his .38 cal. revolver and fired thrice in the direction of Gonzalez, whose car was hit.

The government prosecutors then recommended for the filing of a case for attempted homicide against Alcaraz, who quickly brought the matter to the DOJ secretary and successfully got a favorable decision.

The DOJ secretary ordered the government prosecutors to withdraw the case filed against Alcaraz because the BoC official had no intention to kill Gonzalez when he fired his gun, only to scare him.

Not satisfied with the decision, Gonzalez filed a petition for review before the CA and successfully convinced the appellate court to reverse the DOJ decision and to pursue the complaint against Alcaraz.

The Supreme Court, however, ruled that the determination of probable cause for the filing of a case in court is not a judicial but an executive function, hence the findings of the DOJ secretary should prevail over the CA ruling. - Rene U. Borromeo