GR 143169; (January, 2005) (Digest)
G.R. No. 143169 ; January 21, 2005
JIMMY ANG, petitioner, vs. ELEANOR R. LUCERO, THE HONORABLE SECRETARY OF JUSTICE, and THE CITY PROSECUTOR OF MAKATI CITY, respondents.
FACTS
Respondent Eleanor Lucero, an American citizen residing in Guam, purchased a condominium unit in Makati. She appointed Graciano Catenza as her attorney-in-fact, who later delegated authority to petitioner Jimmy Ang to manage her properties. Lucero filed a criminal complaint for estafa through falsification of public documents against Ang. She alleged that Ang fabricated a Deed of Assignment and an Authorization Letter to transfer the condominium title to his name, using these documents to secure bank loans. Lucero claimed her signature on the Authorization Letter was a traced forgery and that she was abroad when the Deed was notarized.
The Makati City Prosecutor initially found probable cause but, upon reinvestigation, dismissed the complaint. The Secretary of Justice reversed this dismissal and ordered the filing of an information. Ang filed a petition for certiorari with the Court of Appeals, which affirmed the Secretary of Justice’s resolution. Ang then elevated the case to the Supreme Court via a petition for review.
ISSUE
Whether the Secretary of Justice committed grave abuse of discretion in finding probable cause for estafa through falsification of public documents against petitioner Jimmy Ang.
RULING
The Supreme Court denied the petition and affirmed the Court of Appeals’ decision. The Secretary of Justice did not commit grave abuse of discretion. The Court emphasized that in a petition for certiorari, the inquiry is limited to whether the public respondent acted without or in excess of jurisdiction or with grave abuse of discretion. The finding of probable cause needs only to rest on evidence showing that more likely than not a crime has been committed by the suspect.
The legal logic is clear: the determination of probable cause is an executive function. The Court will not interfere absent a clear showing of grave abuse, which denotes a capricious and whimsical exercise of judgment equivalent to lack of jurisdiction. Here, the Secretary of Justice’s finding was based on substantial evidence, including the NBI report which found the signature on the Authorization Letter to be a “traced forgery,” Lucero’s absence from the country during the notarization, and Ang’s subsequent use of the title to secure loans. Ang’s defenses, such as alleged prior knowledge and telephone authorization from Lucero, presented factual disputes properly evaluated during the preliminary investigation. The Secretary’s conclusion that these defenses did not negate probable cause was a reasonable exercise of discretion, not a whimsical one. Therefore, no grave abuse of discretion attended the issuance of the assailed resolutions.