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Catherine A. Yee vs. Estrellita P. Bernabe

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Catherine A. Yee vs. Estrellita P. Bernabe

Case Title and Citation

Catherine A. Yee, petitioner, vs. Hon. Estrellita P. Bernabe, Acting Provincial Prosecutor of Benguet, respondent.
G.R. No. 141393, April 19, 2006
Supreme Court - Second Division
Ponente: Adolfo S. Azcuna

Facts

  • On March 25, 1998, an Isuzu Elf chiller van (Plate No. USA 359) allegedly belonging to Pricina Esguerra was taken; petitioner was accused of violation of Republic Act No. 6539 (Anti-Carnapping Act of 1972, as amended).
  • On October 20, 1999, an information for violation of RA 6539 was filed in the Regional Trial Court (RTC), Branch 62, La Trinidad, Benguet. Because the offense was classified as heinous, the case was assigned to RTC Branch 62.
  • On October 29, 1999, petitioner filed a motion for reduction of bail bond and voluntarily surrendered; the RTC granted the motion the same day and required cash deposit of P100,000 for provisional liberty.
  • On November 10, 1999, petitioner filed a motion to conduct a preliminary reinvestigation, which the trial court treated as a motion for preliminary investigation; petitioner asserted she was not notified of any prior preliminary investigation and submitted a certification that the subpoena had not been served on her.
  • The RTC, despite admitting lack of notice, denied the motion in an Order dated December 10, 1999, and set the arraignment for December 16, 1999; the RTC issued a subpoena to be served through counsel.
  • The RTC denied petitioner’s motion for reconsideration on December 28, 1999.
  • Petitioner filed a petition for review on certiorari under Rule 45 with the Supreme Court, arguing (1) Section 7, Rule 112 of the Rules of Court (right to preliminary investigation within five days) was not applicable to her and (2) her acts in seeking bail reduction, surrendering, and posting bail did not waive her right to preliminary investigation.
  • Respondent and the RTC argued that (a) a preliminary investigation had been conducted or (b) petitioner waived the right by failing to timely assert it and by posting bail; they also contended the remedy pursued was improper because the RTC orders were interlocutory and the petition did not allege grave abuse of discretion.
  • The Office of the Solicitor General argued the RTC denial was authorized by the last paragraph of Section 7, Rule 112, and that posting bail constituted waiver of the right to preliminary investigation.

Issues

  1. Was the denial of petitioner’s motion for preliminary reinvestigation by the RTC proper?
  2. Did petitioner waive her right to a preliminary investigation by seeking bail reduction, voluntarily surrendering, and posting bail?
  3. Is a petition under Rule 45 the proper remedy to challenge the RTC’s interlocutory orders denying preliminary reinvestigation?
  4. Could the matter have been brought under Rule 65 (certiorari) against the RTC orders?

Ruling

  1. No - The Supreme Court found the orders denying the motion for preliminary reinvestigation to be interlocutory and not proper subjects of a Rule 45 petition to this Court.
  2. No - The Court did not make a final determination on waiver; respondents argued waiver by conduct (posting bail), but the dispositive ground for dismissal was procedural (improper remedy).
  3. No - A Rule 45 petition is for review of judgments, awards, or final orders; interlocutory orders are not reviewable under Rule 45 at this stage.
  4. Yes - Such interlocutory orders may be attacked by a petition for certiorari under Rule 65 upon a showing of grave abuse of discretion amounting to lack or excess of jurisdiction; petitioner did not allege grave abuse in her petition.

Reasoning / Ratio Decidendi

  • The Court emphasized the distinction between remedies: Rule 45 (appeal by certiorari) reviews final judgments, awards, or final orders on the merits and raises questions of law, while Rule 65 (special civil action for certiorari) addresses acts committed with grave abuse of discretion amounting to lack or excess of jurisdiction.
  • Orders denying a motion for preliminary reinvestigation were characterized as interlocutory because they did not finally dispose of the criminal case or any independent branch of it; interlocutory orders are generally not appealable under Rule 45 to avoid multiplicity of appeals and delay (citing Rudecon Management Corp. v. Singson; Sitchon v. Sheriff of Occidental Negros).
  • The Court explained that the proper procedure to challenge interlocutory orders is either:
    1. To raise the issue as part of an appeal after final judgment (e.g., petition for review under Rule 45 following conviction), or
    2. To file a petition for certiorari under Rule 65 alleging grave abuse of discretion amounting to lack or excess of jurisdiction (citing Ramsical v. Sandiganbayan; Intestate Estate of Carmen de Luna v. IAC).
  • The petition before the Court did not allege grave abuse of discretion; therefore it could not be treated as a Rule 65 petition. The Court reiterated the high threshold for grave abuse—conduct so arbitrary or despotic as to amount to lack of jurisdiction.
  • The Court also invoked the doctrine on hierarchy of courts: extraordinary writs against RTCs should be filed with the Court of Appeals first; direct resort to the Supreme Court requires special and important reasons which were not shown (citing Ouano v. PGTT Int’l Corp.; Hinog v. Melicor).
  • Given these procedural deficiencies and absence of exceptional circumstances or allegations of grave abuse, the petition was dismissed for improper remedy and failure to show cause for direct review by this Court.

Doctrine / Legal Principle

  • Interlocutory orders that do not finally dispose of the case are not reviewable by this Court under Rule 45.
  • A petition for certiorari under Rule 65 requires an allegation and proof of grave abuse of discretion amounting to lack or excess of jurisdiction.
  • The hierarchy of courts must be respected: extraordinary writs against first-level courts should ordinarily be filed with the Court of Appeals; direct recourse to the Supreme Court is permitted only for special and important reasons.
  • Procedural remedies must be properly invoked; failure to allege grave abuse or show exceptional circumstances is ground for dismissal.

Disposition

  • The petition is DENIED.
  • No costs.

Concurring / Dissenting Opinions

  • No dissenting opinion noted. The decision lists concurrence by:
    1. Reynato S. Puno (on leave)
    2. Angelina Sandoval-Gutierrez
    3. Renato C. Corona
    4. Cancio C. Garcia

Significance / Notes

  • The decision reinforces the rule that interlocutory orders in criminal proceedings are normally not subject to direct review by the Supreme Court under Rule 45.
  • Accused persons seeking to challenge interlocutory rulings must either wait until final judgment to raise such errors on appeal or timely file a Rule 65 petition alleging grave abuse of discretion.
  • The case underscores the importance of observing the hierarchy of courts and the limited circumstances permitting direct relief from the Supreme Court.
  • Practitioners should carefully plead grave abuse and exceptional circumstances if seeking immediate relief from interlocutory orders; mere disagreement with interlocutory rulings is insufficient.
  • Although respondents argued that posting bail and related conduct may operate as waiver of the right to preliminary investigation, the Court’s dismissal was based on procedural impropriety of the remedy rather than a definitive ruling on waiver.
Criminal Law Criminal Procedure Remedial Law Judicial Review
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