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[G.R. No. 104479.October 6, 1999]

JONAS-KARL PEREZ vs. RIVERA

FIRST DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated OCT 6, 1999.

G.R. No. 104479(Jonas-Karl Perez vs. Hon. Bayani Rivera, Presiding Judge, Branch 129, RTC, NCJR, Kalookan, Metro Manila and People of the Philippines.)

On February 10, 1991, Leonardo Villa died while Bienvenido Marquez III sustained serious physical injuries allegedly in the course of and due to a fraternity hazing conducted by the Aquila Legis Fraternity of which petitioner Jonas-Karl Perez and intervenor Reynaldo Concepcion are members. The prosecutor's office of Caloocan City constituted a panel of prosecutors composed of three (3) members for the purpose of conducting preliminary investigation.

On August 14, 1991, the Panel of Prosecutors issued a resolution recommending the filing of criminal charges against four (4) out of thirty (30) respondents-members of Aquila. However, on August 29, 1991, then Acting Secretary of Justice Silvestre H. Bello III, after motu proprio reviewing the recommendation of the Office of the City Prosecutor reversed the latter's findings and directed the filing of separate information for homicide and physical injuries against all the respondents-members of Aquila including petitioner and intervenor.

Upon filing of the information with the Regional Trial Court of Caloocan City, petitioner filed a motion to quash the information alleging that the city prosecutor and/or Sec. Bello had no authority to file the information and that it was a result of media pressure and high officialdom. Respondent Judge denied the motion and the Motion for Reconsideration of the order of denial. On appeal, the Court of Appeals affirmed both denials in the subsequent petition for certiorari, prohibition and mandamus filed by the petitioner.

On April .10, l992, petitioner Jonas-Karl Perez filed a petition for review of the decision of the Court of Appeals in CA-GR SP No. 26533. On August 26, 1992, intervenor Reynaldo Concepcion filed a motion for leave to intervene and motion to admit his petition in intervention, which the Court granted in its resolution dated September 9, 1992.

In the meantime, the Regional Trial Court of Caloocan City, conducted separate trials of the twenty-six accused. However, the arraignment of the four other accused including intervenor Concepcion had been deferred, per order of the court dated June 1, 1992. On November 8, 1993, the trial court rendered decision convicting 26 members of the Aquila Legis Fraternity, including petitioner.

On September 23, 1996, the Court resolved to deny the petition for certiorari for being moot.

Petitioner and intervenor filed separate motions for reconsideration of the September 23, 1996 resolution.

On January 29, 1997, the Court resolved to deny with finality petitioner's motion for reconsideration without prejudice to a separate resolution of the intervenor's motion for reconsideration after the Solicitor General shall have filed his comment thereon.

The Solicitor General filed his comment on intervenor's motion for reconsideration on March 5, 1997. Intervenor filed his reply to the Solicitor General's comment on April 7, 1997.

On November 10, 1997, the Court issued resolution stating:

"xxx Considering the grounds of the motion for intervention dated October 24, 1996, filed by counsel for intervenor Reynaldo Concepcion, of the resolution of September 23, 1996 which denied the petition for review on certiorari, the comment of the Solicitor General thereon and the reply of said intervenor to the said comment, the Court Resolved:

"(a) to GRANT the motion for intervention and to REINSTATE the petition; and

"(b) to require respondents to COMMENT on the petition, within ten (10) days from notice."

On December 12, 1997, the Solicitor General filed its manifestation and motion stating that he has already filed his comment on the petition in intervention on March 26, 1993. The manifestation and motion was noted in the resolution of January 19, 1998.

Intervenor Reynaldo Concepcion contends that. he was denied due process of law because Secretary Bello did not possess the cold neutrality of an impartial judge when he made a motu proprio review and ex-parte reversal of the findings of the prosecutors.

We find no merit in this petition.

The Secretary of Justice has the power of supervision and control over prosecuting officers. Section 1, paragraph 2 of PD No. 1275 provides:

"The power of supervision and control vested in the Secretary of Justice includes the authority to act directly on any matter within the jurisdiction of the Prosecution Staff, the Regional State Prosecution Office or the Office of the Provincial or City Fiscal and .to review, modify or revoke any decision or action of the Chief of said staff or office."

ACCORDINGLY, this Court resolves to DENY with FINALITY the Petition in Intervention filed by intervenor Reynaldo Concepcion. DAVIDE, JR., C.J ., and KAPUNAN, J ., are on official leave.

Very truly yours,

VIRGINIA ANCHETA-SORIANO

Clerk of Court

(Sgd.) ENRIQUETA ESGUERRA-VIDAL

Asst. Clerk of Court


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