REMEDIAL LAW | Dacudao vs Gonzales G.R. No. 188056, January 8, 2013

Dacudao vs Gonzales

G.R. No. 188056, January 8, 2013


FACTS Petitioners were among the victims of a Ponzi scheme perpetrated by the Legacy Group of Companies. They filed criminal complaints against the perpetrators with the Office of the City Prosecutor of Davao City. The Secretary of Justice issued Department Order No. 182, consolidating all cases against the Legacy Group in Manila for investigation by a special panel. Petitioners challenged the order, arguing that it violated their rights to due process, equal protection, and speedy disposition of cases. Did petitioners properly bring their petition for certiorari, prohibition and mandamus directly to the Court


RULING No. The Court must enjoin the observance of the policy on the hierarchy of courts, and now affirms that the policy is not to be ignored without serious consequences. The Court may act on petitions for the extraordinary writs of certiorari, prohibition and mandamus only when absolutely necessary or when serious and important reasons exist to justify an exception to the policy. For a special civil action for certiorari to prosper, therefore, the following requisites must concur, namely: (a) it must be directed against a tribunal, board or officer exercising judicial or quasi-judicial functions; (b) the tribunal, board, or officer must have acted without or in excess of jurisdiction or with grave abuse of discretion amounting to lack or excess of jurisdiction; and (c) there is no appeal nor any plain, speedy, and adequate remedy in the ordinary course of law. The burden of proof lies on petitioners to demonstrate that the assailed order was issued without or in excess of jurisdiction or with grave abuse of discretion amounting to lack or excess of jurisdiction.


Here, Petitioners have unduly disregarded the hierarchy of courts by coming directly to the Court with their petition for certiorari, prohibition and mandamus without tendering therein any special, important or compelling reason to justify the direct filing of the petition. Petitioners have not shown a compliance with the requisites of petition for special civil action for certiorari. The Court found no grave abuse of discretion on the part of the Secretary of Justice. The consolidation of cases was a valid exercise of his administrative authority to promote efficiency and expedite investigations.








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