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Delima V Reyes
Delima V Reyes
PONENTE: LEONEN, J
SUMMARY:
2. Respondent argues that the Secretary of Justice's discretion to create a new panel of
prosecutors was not "unbridled" since the 2000 NPS Rule on Appeal requires that there be
compelling circumstances for her to be able to designate another prosecutor to conduct the
reinvestigation. He argues that the Second Panel's Resolution dated March 12, 2012 was void
since the Panel was created by a department order that was beyond the Secretary of Justice's
authority to issue. He further argues that the trial court did not acquire jurisdiction over the case
since the Information filed by the Second Panel was void.
Under the Rules of Court, a writ of certiorari is directed against "any tribunal, board or officer
exercising judicial or quasi-judicial functions."50 A quasi-judicial function is "the action, discretion,
etc., of public administrative officers or bodies, who are required to investigate facts, or ascertain
the existence of facts, hold hearings, and draw conclusions from them, as a basis for their official
action and to exercise discretion of a judicial nature."51 Otherwise stated, an administrative
agency performs quasi-judicial functions if it renders awards, determines the rights of opposing
parties, or if their decisions have the same effect as the judgment of a court. 52
In a preliminary investigation, the prosecutor does not determine the guilt or innocence of an
accused. The prosecutor only determines "whether there is sufficient ground to engender a well-
founded belief that a crime has been committed and the respondent-is probably guilty thereof,
and should be held for trial.
A writ of prohibition, on the other hand, is directed against "the proceedings of any tribunal,
corporation, board, officer or person, whether exercising judicial, quasi-judicial or ministerial
functions."61 The Department of Justice is not a court of law and its officers do not perform quasi-
judicial functions. The Secretary of Justice's review of the resolutions of prosecutors is also not a
ministerial function.
Therefore, any question on whether the Secretary of Justice committed grave abuse of
discretion amounting to lack or excess of jurisdiction in affirming, reversing, or modifying the
resolutions of prosecutors may be the subject of a petition for certiorari under Rule 65 of the Rules
of Court.
Under existing laws, rules of procedure, and jurisprudence, the Secretary of Justice is
authorized to issue Department Order No. 710.
The filing of the information and the issuance by the trial court of the respondent's warrant
of arrest has already rendered this Petition moot.
WHEREFORE, the Petition is DISMISSED for being moot. Branch 52 of the Regional Trial
Court of Palawan is DIRECTED to proceed with prosecution of Criminal Case No. 26839.