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[ G.R. No. 143098-107. June 7, 2000]
JENNIFER D. MARCELO vs. HON. LAMBERTO A. DAING, et al.
FIRST DIVISION
Gentlemen:
Quoted hereunder, for your information, is a resolution of this Court dated JUN 7 2000.
G.R. No. 143098-107 (Jennifer D. Marcelo vs. Hon. Lamberto A. Daing, Jr., Presiding Judge, Branch 54, Regional Trial Court, Macabebe, Pampanga, et al.)
The petition before the Court questions the constitutional rights of petitioner as the accused in the following cases filed before the Regional Trial Court, Macabebe, Pampanga, Branch 54:
1. Crim. Case No. 00-2569 (M) for Large Scale Illegal Recruitment
2. Crim. Case No. 00-2570 (M) for estafa
3. Crim. Case No. 00-2571 (M) for estafa
4. Crim. Case No. 00-2572 (M) for estafa
5. Crim. Case No. 00-2573 (M) for estafa
6. Crim. Case No. 00-2574 (M) for estafa
7. Crim. Case No. 00-2575 (M) for estafa
8. Crim. Case No. 00-2576 (M) for estafa
9. Crim. Case No. 00-2577 (M) for estafa
The facts are briefly stated as follows:
On November 3, 1999, Assistant Prosecutor Michael H. Dayao filed with Regional Trial Court, Macabebe, Pampanga the above cases. On December 10, 1999, petitioner filed a motion for reconsideration of the filed informations.
On February 15, 2000, the Administrative Officer of the Pampanga Provincial Prosecutor's Office prepared the transmittal of the cases to the Clerk of Court of the Regional Trial Court, Macabebe, Pampanga, and was actually received by the Court the following day.
On February 18, 2000, the husband of petitioner received a copy of the resolution denying the motion for reconsideration dated January 19, 2000. On the same day, the Regional Trial Court, Macabebe, Pampanga issued the corresponding warrants for the arrest of petitioner.
On February 21, 2000, petitioner was arrested and detained at the Macabebe Municipal Jail. A week later, she was transferred to the Pampanga Provincial Jail.
On February 24, 2000, petitioner filed with the Regional Trial Court an omnibus motion for consolidation, review and recall warrants of arrest before the regional trial court.
On March 21, 2000, petitioner filed an urgent ex-parte motion to resolve the omnibus motion for consolidation, review and recall of the warrants of arrest. On the same day, the trial court denied the omnibus motion except on the matter of consolidation of the cases.
On March 24, 2000 petitioner filed a motion for reconsideration citing the Crespo doctrine alleging that petitioner was arbitrarily detained.
On April 10, 2000, the Regional Trial Court denied the motion for reconsideration.
On April 24, 2000, petitioner filed an ex-parte motion to defer arraignment and to inhibit the presiding judge.
On April 25, 2000, the trial court granted the motion to inhibit without resolving the deferment of petitioner's arraignment. The court ordered the transmittal of the cases to Branch 54. The Court stated:
"Records of these cases show that they were preliminary investigated by the Office of the Provincial Prosecutor. There are procedural rules that should be followed if the accused believed injustice or irregularity has been committed in the said preliminary investigation. However, the records show that the accused and her counsel did not properly avail of the same.
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"WHEREFORE, this Presiding Judge hereby voluntarily inhibit from further hearing these cases and records of the same are hereby ordered transmitted to Branch 54 of this Court.
"The Honorable Presiding Judge of Branch 54, and in exchange to these cases, may refer and transmit to this Court (Branch 55) recently raffled criminal cases equal in number.
"SO ORDERED.
"Macabebe, Pampanga, April 25, 2000.
"REYNALDO ROURA
"Judge" 1 Rollo, p. 81.
Hence, this petition.2 Filed on May 23, 2000.
Petitioner alleges that the trial court's order dated April 25, 2000 was issued with grave abuse of discretion amounting to excess or lack of jurisdiction and gross ignorance of the law. Petitioner prayed for the granting of the petition and ordering the respondent presiding judge to direct the Department of Justice to conduct the requisite review of the resolution of Asst. Prosecutor Michael Dayao, Pampanga Prosecutor's Office, filing the information against her.
On June 6, 2000, this Court issued a status quo order3 Rollo, pp. 85-86. to stay the arraignment of petitioner in the meantime.
We resolve to refer the case to the Court of Appeals. There is no showing of any exceptional and compelling circumstance that justifies a disregard of the hierarchy of courts in accordance with our ruling in People vs. Cuaresma.4 172 SCRA 415, [1989]; Defensor-Santiago vs. Vasquez, 217 SCRA 633 [1993]; Manalo vs. Gloria, 236 SCRA 130 [1994].
IN VIEW WHEREOF, the Court:
a. Orders the Regional Trial Court, Pampanga, Branch 54, Macabebe to maintain the status quo, thereby deferring the arraignment of the accused in Criminal Case Nos. 00-2569 - M to 00-2577-M in the meantime; and
b. Refers these cases to the Court of Appeals for hearing and adjudication.
Very truly yours,
(Sgd.) VIRGINIA ANCHETA-SORIANO
Clerk of Court
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