G.R. No. 147932
January 25, 2006
LAILA G. DE OCAMPO, Petitioner, vs. !E !ONORA"LE #ECREAR$ O% J&#ICE, MAGDALENA ". DACARRA, an' ERLINDA ERLI NDA P. ORA$AN, ORA$AN, Respondents. CARPIO, J.: Facts Magdalena Dacarra executed a sworn stateent at t!e "C #oen$s Des% &ecause !er son, Ronald Ronald,, was coplaining coplaining o' di((ines di((iness. s. Ronald onald told !is ot!er ot!er t!at !is teac!er, teac!er, )aila Deocapo, Deocapo, &anged &anged !is !ead against against )orendo$s )orendo$s !ead. !ead. Ronald onald was &roug!t to t!e *uac% doctor t!en to +ast Avenue Medical 'or xra-. It was 'ound out t!at Ronald$s !ead was 'ractured. Ronald eventuall- died.
In(u)*+ Pro))'-n* During t!e In*uest Proceedings, it was ruled t!at t!ere was insucient evidence to support t!e c!arge o' !oicide against Deocapo.
Pr)/--nary In)*+-a+-on )orendo$s ot!er attended !earing and alleged t!at Deocapo o/ered !er P011, 111 'or nonappearance at t!e Preliinar- Investigation. 2wo ot!er persons, one claiing to !ave witnessed t!e !ead&anging incident and t!e ot!er, a victi o' Deocapo cae 'orward. 'orward. Deoca Deocapo po also also su&it su&itted ted !er count counter era adav davit, it, statin stating g t!at t!at 03 Ronald onald$s $s !ead !ead condition was due to a previous ve!icular accident4 and 53 t!e iediate cause o' Ronald$s deat! was 6cardio pulonar- arrest7 &ased on t!e autops- report. 2!e investigating prosecutor prosecutor issued a resolution resolution 8nding pro&a&le cause against Deocapo. Deocapo su&se*uentlsu&se*uentl- 8led a petition 'or review wit! t!e DOJ.
DOJ R)*o/u+-on 2!e DOJ denied t!e petition 'or review. review. It also up!eld t!e prosecutor$s prosecutor$s 8ndings and pointed out t!at Deocapo never denied t!e act. Deocapo t!en 8led a otion 'or reconsideration w!ic! was also denied. Issues a. Proc Proced edur ural al iss issue ue 2!e O9 contends t!at t!e petition s!ould &e disissed outrig!t 'or &eing 8led wit! t!e wrong court, t!e petition s!ould !ave &een 8led wit! t!e CA. !owever, it was decided t!at t!e court will relax t!e rules due to t!e gravito' t!e o/ense c!arged. &. #;< t!ere t!ere is denial denial o' due process during t!e t!e preliinarpreliinar- investigation investigation 0. A&sence A&sence o' clari8cat clari8catoror- !earing !earing
2!e Petitioner argues t!at s!e was denied o' due process &ecause a clari8cator- !earing was not per'ored. It was !eld t!at clari8cator!earings are not indispensa&le. 9ection =>e3 o' Rule 005 uses t!e ter 6a-7: >e3 I +) -n)*+-a+-n o)r )/-))* +a+ +)r) ar) a++)r* +o ) /ar-)' , !e ay set a !earing to propound clari8cator- *uestions to t!e parties or t!eir witnesses, during w!ic! t!e parties s!all &e a/orded an opportunit- to &e present &ut wit!out t!e rig!t to exaine or cross exaine. ?xx Preliinar- investigations are also in*uisitorial and not &ased on erits. 5. O&taining t!e autops- report 2!e prosecutor is not pro!i&ited to o&tain a cop- o' t!e autops- report. c. #;< pro&a&le cause exists Petitioner argues t!at t!e !ead&anging is not t!e proxiate cause o' Ronald$s deat!. 2!e court !eld t!at t!e Petitioner never denied t!e occurrence o' t!e !ead&anging incident. Furt!er, ot!er reasons, suc! as t!e ve!icular accident, w!ic! are alleged to !ave &een t!e cause o' Ronald$s deat! are evidentiar- and s!ould &e t!res!ed out during trial. 2!e court ep!asi(ed t!at t!e re*uireent 'or Preliinar- Investigation is pro&a&le cause and not proo' &e-ond reasona&le dou&t.
2!e Petition was denied and t!e Resolution o' t!e 9ecretar- o' Justice was ared.
