Sy Tiong Shiou Vs Sy Chim, GR No. 174168, March 30, 2009 Facts: Issue: Whether or Not DOJ's Resolution May Be Subject of Certiorari or Ruling
Sy Tiong Shiou Vs Sy Chim, GR No. 174168, March 30, 2009 Facts: Issue: Whether or Not DOJ's Resolution May Be Subject of Certiorari or Ruling
174168, March 30, 2009 cannot be the subject of certiorari or review of the Court of Appeals
because the DOJ is not a quasi-judicial body within the purview of
Facts:
Section 1, Rule 65 of the Rules of Court.
Four criminal complaints were filed by Sy Chim and Felicidad Chan
Issue: Whether or not DOJ’s resolution may be subject of certiorari or
Sy (Spouses Sy) against Sy Tiong Shiou, Juanita Tan Sy, Jolie Ross
review of the Court of Appeals.
Tan, Romer Tan, Charlie Tan and Jessie James Tan (Sy Tiong Shiou,
et al.) before the City Prosecutor's Office of Manila. The cases were Ruling:
later consolidated. Two of the complaints, were for alleged violation of
Generally, no but this admits of an exception.
Section 74 in relation to Section 144 of the Corporation Code. In these
complaints, the Spouses Sy averred that they are stockholders and A preliminary proceeding is not a quasi-judicial function and that the
directors of Sy Siy Ho & Sons, Inc. (the corporation) who asked Sy DOJ is not a quasi-judicial agency exercising a quasi-judicial function
Tiong Shiou, et al., officers of the corporation, to allow them to inspect when it reviews the findings of a public prosecutor regarding the
the books and records of the business on three occasions to no avail. presence of probable cause. Moreover, it is settled that the
In the two other complaints, Sy Tiong Shiou was charged with preliminary investigation proper is the function of the prosecution. The
falsification under Article 172, in relation to Article 171 of the Revised Court has adopted a policy of non-interference in the conduct of
Penal Code (RPC), and perjury under Article 183 of the RPC. preliminary investigations and leaves to the investigating prosecutor
According to the Spouses Sy, Sy Tiong Shiou executed under oath sufficient latitude of discretion in the determination of what constitutes
the 2003 General Information Sheet (GIS) wherein he falsely stated sufficient evidence as will establish probable cause for the filing of
that the shareholdings of the Spouses Sy had decreased despite the information against the supposed offender.
fact that they had not executed any conveyance of their shares.
As in every rule, however, there are settled exceptions. Hence, the
Sy Tiong Shiou, et al. argued before the prosecutor that the issues
principle of non-interference does not apply when there is grave
involved in the civil case were intimately related to the two criminal
abuse of discretion which would authorize the aggrieved person to file
complaints filed by the Spouses Sy against them, and thus constituted
a petition for certiorari and prohibition under Rule 65, 1997 Rules of
a prejudicial question that should require the suspension of the
Civil Procedure.
criminal complaints.
Accordingly, ss correctly found by the Court of Appeals, the DOJ
The investigating prosecutor issued a resolution recommending the gravely abused its discretion when it suspended the hearing of the
suspension of the criminal complaints for violation of the Corporation charges for violation of the Corporation Code on the ground of
Code and the dismissal of the criminal complaints for falsification and prejudicial question and when it dismissed the criminal complaints.
perjury against Sy Tiong Shiou.The Spouses Sy thereupon filed a The civil case presents no prejudicial question to the criminal cases
petition for review with the Department of Justice (DOJ), which the since a finding that the Spouses Sy mishandled the funds will have no
latter denied. effect on the determination of guilt in the complaint for violation of
Section 74 in relation to Section 144 of the Corporation Code; the civil
case concerns the validity of Sy Tiong Shiou's refusal to allow
The Spouses Sy elevated the DOJ's resolutions to the Court of
inspection of the records, while in the falsification and perjury cases,
Appeals imputing grave abuse of discretion on the part of the DOJ.
what is material is the veracity of the entries made by Sy Tiong Shiou
The appellate court granted the petition.
in the sworn GIS.
Sy Tiong Shiou, et al. then argue that findings of the DOJ in affirming,
modifying or reversing the recommendations of the public prosecutor