G.R. No. 149261 - AZUCENA B. CORPUZ, VS. ROMAN G. DEL ROSARIO.D E C I S I O N - Supreme Court E-Library

Ruling

accordingly, [the] undersigned respectfully recommends that the corresponding information be filed in Court [5] What transpired then were the following events and proceedings. On December 8, 1997, the City Prosecutor's Office of Makati City approved the Resolution of Prosecutor Ata. Accordingly, an Information for libel was filed against petitioner with the Regional Trial Court (RTC) of Makati City. Petitioner's appeal from the prosecutor's resolution was not given due course by NCR Regional Prosecutor/Chief State Prosecutor Jovencito R. Zuño on March 10, 1998. [6] Her motion for reconsideration was likewise denied on September 8, 1998. [7] Petitioner appealed to the Department of Justice (DOJ) assailing the resolution of the City Prosecutor's Office of Makati City. On August 17, 1999, the DOJ Secretaiy considered the appeal as a second motion for reconsideration and resolved to deny the appeal with finality. [8] Petitioner then elevated the matter via a petition for certiorari before the CA contending that the public prosecutors gravely abused their discretion in finding a prima facie case of libel against her and exceeded their jurisdiction when her appeal from the resolution of the City Prosecutor's Office of Makati City was not given due course. Ruling of the Court of Appeals On July 27, 2001, the CA issued its herein assailed Decision [9] denying the petition. It found that the petitioner failed to clearly show exceptional circumstances to justify her resort to the extraordinary remedy of the writ of certiorari . The appellate court likewise found petitioner's assertions that the memorandum is a privileged communication which was issued without malice are matters of defense which should be properly discussed during trial. The CA disposed the matter in this wise: WHEREFORE, finding no grave abuse of discretion, amounting to lack or excess of jurisdiction on the part of public respondents, the Petition is DENIED. SO ORDERED.