The Danger of Hasty Arraignment: Protecting Due Process and the Secretary of Justice’s Review Power

In Philippine criminal procedure, the timing of arraignment is critical. Rushing to arraign an accused before resolving appeals on the nature of the charge can undermine due process and the authority of the Secretary of Justice to review prosecutorial decisions. This case serves as a stark reminder that procedural missteps can have significant consequences for the pursuit of justice, emphasizing the need for careful adherence to established legal processes.

PETER PAUL DIMATULAC AND VERONICA DIMATULAC, PETITIONERS, VS. HON. SESINANDO VILLON, ET AL., RESPONDENTS. G.R. No. 127107, October 12, 1998

INTRODUCTION

Imagine being accused of a crime, only to find yourself hastily arraigned in court even as your appeal to a higher authority regarding the charges is still pending. This scenario highlights a critical aspect of Philippine criminal procedure: the appropriate timing of arraignment, especially when appeals are ongoing. The case of Dimatulac v. Villon delves into this very issue, revealing the potential for grave abuse of discretion when courts and prosecutors rush to arraign accused individuals, disregarding the due process rights of both the accused and the State.

In this case, the children of deceased Police Officer Virgilio Dimatulac sought to challenge the arraignment of the accused for homicide instead of murder, arguing that it was premature because their appeal to the Secretary of Justice to upgrade the charge to murder was still unresolved. The Supreme Court ultimately sided with the petitioners, emphasizing the importance of respecting the review powers of the Secretary of Justice and ensuring due process at every stage of criminal proceedings.

LEGAL CONTEXT: APPEALS TO THE SECRETARY OF JUSTICE AND ARRAIGNMENT

In the Philippines, the process of criminal prosecution typically begins with a preliminary investigation conducted by a prosecutor to determine if there is probable cause to charge an individual with a crime. If probable cause is found, the prosecutor files an Information in court. However, the prosecutor’s resolution is not always final. Under the Rules of Court and Department of Justice (DOJ) Orders, parties can appeal the prosecutor’s resolution to the Secretary of Justice.

Rule 112, Section 4 of the Rules of Court explicitly grants this right of appeal:

“If upon petition by a proper party, the Secretary of Justice reverses the resolution of the provincial or city fiscal or chief state prosecutor, he shall direct the fiscal concerned to file the corresponding information without conducting another preliminary investigation, or to dismiss or move for the dismissal of the complaint or information.”

DOJ Department Order No. 223 further outlines the rules on appeals from resolutions in preliminary investigations. Crucially, while an appeal from a resolution finding probable cause generally does not halt the filing of the Information in court, the Secretary of Justice retains supervisory power over prosecutors. The concept of arraignment is also vital. Arraignment is the formal reading of the charges in court, and the accused’s entry of a plea. A plea of not guilty triggers double jeopardy, meaning the accused generally cannot be charged again for the same offense if acquitted or convicted.

The Supreme Court in Ledesma v. Court of Appeals (278 SCRA 656, 676-678 [1997]) underscored the Secretary of Justice’s power:

“Decisions or resolutions of prosecutors are subject to appeal to the secretary of justice who, under the Revised Administrative Code, exercises the power of direct control and supervision over said prosecutors; and who may thus affirm, nullify, reverse or modify their rulings.”

This power of control and supervision is essential to ensure uniformity and fairness in the application of the law by prosecutors nationwide.

CASE BREAKDOWN: THE RUSH TO ARRAIGN IN DIMATULAC

The tragic case began with the death of PO3 Virgilio Dimatulac, who was shot at his residence. A murder complaint was filed against Mayor Santiago Yabut and several others. The Municipal Circuit Trial Court (MCTC) found probable cause for murder and issued arrest warrants. However, only some accused were arrested, and notably, the Yabuts (Mayor Santiago, Martin, and Servillano) remained at large.

Despite the Yabuts not being in custody, the Assistant Provincial Prosecutor conducted a reinvestigation, eventually downgrading the charge to homicide. The Dimatulac family appealed this decision to the Secretary of Justice. Alarmingly, even with the appeal pending and the Yabuts still not apprehended, the Provincial Prosecutor filed an Information for homicide in court. Judge Roura initially denied the motion to defer arraignment, and despite a petition for prohibition filed with the Court of Appeals to halt the proceedings, and a subsequent voluntary inhibition by Judge Roura, Judge Villon, the new presiding judge, proceeded with the arraignment of the Yabuts for homicide. They pleaded not guilty.

Secretary of Justice Guingona initially ruled in favor of the Dimatulacs, finding probable cause for murder and directing the information to be amended. However, upon learning of the arraignment, he reversed his stance, citing DOJ Order No. 223, which states that an appeal is moot if the accused is arraigned.

The Supreme Court, however, overturned this series of events, finding grave abuse of discretion on the part of both Judges Roura and Villon, as well as the Provincial Prosecutors. The Court highlighted several procedural lapses:

• The premature reinvestigation when the Yabuts were fugitives.
• The hasty filing of the homicide information despite the pending DOJ appeal.
• Judge Roura’s denial of the motion to defer arraignment and Judge Villon’s rush to arraign the accused despite clear indications of a pending appeal and potential injustice.

The Supreme Court emphasized that:

“Judge Villon should have heeded our statement in Marcelo that prudence, if not wisdom, or at least, respect for the authority of the prosecution agency, dictated that he should have waited for the resolution of the appeal then pending before the DOJ. All told, Judge Villon should not have merely acquiesced to the findings of the public prosecutor.”

The Court concluded that the arraignment was void, along with all related orders, reinstating the Secretary of Justice’s original order to amend the information to murder.

PRACTICAL IMPLICATIONS: PROTECTING DUE PROCESS AND DOJ AUTHORITY

Dimatulac v. Villon serves as a crucial precedent, reinforcing several key principles in Philippine criminal procedure. Firstly, it underscores the importance of respecting the supervisory authority of the Secretary of Justice over prosecutors. Hasty actions by prosecutors and trial courts that preempt the DOJ’s review power are disfavored and can be deemed a grave abuse of discretion.

Secondly, the case emphasizes the critical nature of timing in arraignment. While DOJ Order No. 223 aims for efficient prosecution, it should not be interpreted to justify rushing arraignments that could undermine due process. Trial courts should exercise prudence and consider deferring arraignment when a substantive appeal is pending before the Secretary of Justice, especially when the appeal concerns the very nature of the offense charged.

For legal practitioners, this case provides clear guidance:

• For Prosecutors: Exercise caution and respect the DOJ’s review process. Consider deferring filing of information or arraignment when a substantial appeal is pending, especially if it concerns the classification of the offense.
• For Defense Lawyers: Monitor the status of DOJ appeals. If arraignment occurs prematurely while an appeal is pending, immediately raise this issue as a potential violation of due process and grounds to invalidate the arraignment.
• For Complainants/Private Prosecutors: Diligently pursue appeals to the DOJ when dissatisfied with a prosecutor’s resolution. If arraignment is imminent, actively seek a motion to defer proceedings in court, highlighting the pending DOJ appeal.

KEY LESSONS

• Timing is Paramount: Arraignment should not be rushed, especially when appeals to the Secretary of Justice are pending and concern the core issues of the case.
• Respect DOJ Authority: Trial courts and prosecutors must respect the Secretary of Justice’s power of review and supervision over prosecutorial decisions.
• Due Process for All: Due process is not just for the accused; it extends to the State and offended parties as well, ensuring fair and just proceedings.

FREQUENTLY ASKED QUESTIONS

Q: What is arraignment in Philippine criminal procedure?

A: Arraignment is the formal process where the accused is brought before the court, informed of the charges against them, and asked to enter a plea (guilty or not guilty). It is a critical stage as it marks the start of the trial proper and a plea of not guilty can trigger double jeopardy.

Q: What happens when I appeal a prosecutor’s resolution to the DOJ?

A: An appeal to the Secretary of Justice is a request to review and potentially reverse or modify the prosecutor’s decision. The Secretary of Justice has supervisory power over prosecutors and can affirm, reverse, or modify their resolutions.

Q: Can a trial court proceed with arraignment if there is a pending DOJ appeal?

A: Technically, yes, the filing of an appeal generally does not automatically stop court proceedings. However, as Dimatulac illustrates, proceeding with arraignment while a substantive appeal is pending, especially concerning the nature of the offense, can be considered grave abuse of discretion.

Q: What is “grave abuse of discretion”?

A: Grave abuse of discretion implies such capricious and whimsical exercise of judgment as is equivalent to lack of jurisdiction. In legal terms, it means acting in a manner that is not just erroneous but is patently and grossly contrary to law or established legal principles.

Q: What should I do if I believe an arraignment was premature due to a pending DOJ appeal?

A: Immediately file a motion to set aside the arraignment, highlighting the pending DOJ appeal and arguing that the arraignment was premature and violated due process. If denied, consider filing a petition for certiorari with a higher court.

Q: What is the extent of the Secretary of Justice’s power in criminal cases already filed in court?

A: Even after a case is filed in court, the Secretary of Justice retains supervisory power over prosecutors. The DOJ can still review and reverse prosecutorial resolutions. While the court has jurisdiction over the case, it should ideally give due consideration to the DOJ’s review power and avoid actions that preempt it, as emphasized in Dimatulac.

ASG Law specializes in criminal litigation and procedure. Contact us or email hello@asglawpartners.com to schedule a consultation.