G.R. No. 217508
April 18, 2016
Facts
Joseph Pemberton was charged with murder. During the Preliminary Investigation, the City Prosecutor of Olongapo City stated that Pemberton’s right to file a counter affidavit was deemed to be waived and ordered the PNP to collect latent fingerprint and buccal swabs from Pemberton. Then, Pemberton filed a Manifestation with Omnibus Motion. However, the City Prosecutor continued to evaluate the evidence. Later on, the City Prosecutor filed a Resolution finding probable cause against Pemberton for the crime of murder. Thereafter, the RTC issued a warrant of arrest. With this, Pemberton filed a petition for review at the DOJ and a Motion to defer proceedings at the RTC. Both were denied. Hence, Pemberton filed a petition for a review on certiorari.
Pemberton contends that there are compelling reasons why the petition should be subject to the direct resort to the Supreme Court. Moreover, he tries to explains that the petition satisfies the 8 out of 10 conditions for the direct resort to the SC under The Diocese of Bacolod V COMELEC.
On the other hand, respondent contends that failure of the petitioner to present the case to the Court of Appeals is sufficient reason to dismiss the case since it violates the doctrine of hierarchy of courts.
Issue
W/N the petition violated the doctrine of hierarchy of courts as it fails to present compelling reasons to the direct resort to the Supreme Court provided under The Diocese of Bacolod V Comelec.
Held
Yes, the petition violated the doctrine of hierarchy of courts as it fails to present compelling reasons to the direct resort to the Supreme court provided under The Diocese of Bacolod v COMELEC. Under said jurisprudence, direct resort to the Supreme Court can be invoked provided the case involves special and important reasons. In the case at bar, there is no compelling, special or important reasons in the alleged conclusion of trial since if there is a judicial declaration of probable cause, executive declaration of probable cause is irrelevant. Hence, the petition is denied as it is violative to the doctrine of hierarchy of courts.