G.R. No. 177583 February 27, 2009
LOURDES BALTAZAR and EDISON BALTAZAR, Petitioners, vs. JAIME CHUA y IBARRA, Respondent.

FACTS

Petitioners Lourdes and Edison Baltazar filed a motion for reinvestigation of Criminal Cases No. 97-154966 and No. 97-154967, initially for homicide and frustrated homicide against respondents Jaime Chua and Jovito Armas, Jr. for the death of Ildefonso Baltazar and wounding of Edison Baltazar. The City Prosecutor, upon reinvestigation, found probable cause for murder and frustrated murder and filed amended Informations, which were admitted by Judge Edgardo P. Cruz. The Secretary of Justice, on appeal, directed the amendment of the Informations back to homicide and frustrated homicide against Jovito only and the dropping of Jaime from the charges. Complying, the City Prosecutor filed a motion for withdrawal of the amended Informations, which Judge Cruz granted in an Order dated November 18, 1997. The cases were re-raffled to Branch 37 presided by Judge Vicente A. Hidalgo. Petitioners filed a Motion for the Amendment of the Informations before Judge Hidalgo, seeking to reinstate the murder and frustrated murder charges against both respondents. On December 7, 2004, Judge Hidalgo granted the motion, ordered the withdrawal of the homicide Informations, and reinstated the murder Informations. Jaime filed a petition for certiorari with the Court of Appeals, which annulled Judge Hidalgo’s Order, ruling it was issued with grave abuse of discretion. Petitioners elevated the case to the Supreme Court.

ISSUE

Whether Judge Hidalgo may review the finding of the Secretary of Justice on the existence of probable cause and substitute his judgment for that of the Secretary.

RULING

Yes. The Supreme Court granted the petition and set aside the Court of Appeals Decision, reinstating Judge Hidalgo’s December 7, 2004 Order. The Court held that once an information is filed in court, any disposition of the case rests in the sound discretion of the court, as established in Crespo v. Mogul. The trial court must make an independent assessment of the merits of the case and is not bound by the Resolution of the Secretary of Justice. Judge Hidalgo correctly performed this duty by evaluating the evidence and finding probable cause for murder and frustrated murder. Furthermore, the Court ruled that the November 18, 1997 Order of Judge Cruz, which withdrew the amended Informations, was an interlocutory order that did not attain finality and could be reviewed by Judge Hidalgo, who had acquired jurisdiction over the re-raffled cases.