Legal Question in Appeals and Writs in Philippines

Re: certiorari

The decision whether to dismiss a complaint or not, is dependent upon the sound discretion of the prosecuting fiscal and, ultimately, that of the Secretary of Justice. Findings of the Secretary of Justice are not subject to review unless made with grave abuse of discretion.This has been the ruling in the case of

FERDINAND T. SANTOS, ROBERT JOHN OBREPE�A, and RAFAEL PEREZ DE TAGLE, JR.,- versus - WILSON GO, G.R. No. 156081 October 19, 2005 citing

Public Utilities Department v. Hon. Guingona, Jr., G.R. No. 130399, 20 September 2001.

This goes to show that courts generally cannot review the decision of the Department of Justice unless shown to have been issued with grave abuve of discretion. But in the forecited cases, the petition for review was elevated to the Court of Appeals and thereafter assailed its decision to the Supreme Court via petition for review under Rule 45 of the Rules of Court.

Since under the 1987 Constitution the Supreme Court has concurrent jurisdiction involving petition for certiorari the same has the power to issue writ of certiorari against the Department of Justice. But to be safe, it is better that the petition be filed before the Court of Appeals and then the Supreme Court via petition for review assailing the Court of Appeal's decision.