Quirino grandson cleared by Supreme Court

MANILA, Philippines - A grandson of President Elpidio Quirino and his co-accused avoided prosecution for murder after the Supreme Court (SC) upheld the Court of Appeals (CA) in voiding a resolution of the Department of Justice finding probable cause to charge them in court.

The SC said the CA decision clearing Luisito Gonzalez and his driver, Antonio Buenaflor, of the murder of his stepbrother Francisco Delgado has become final and executory after the Office of the Solicitor General failed to file an appeal within the required period.

“We reiterate that it is only the Solicitor General who may bring or defend actions on behalf of the State in all criminal proceedings

before the appellate courts,” read the SC decision.

“Hence, the Solicitor General’s non-filing of a petition within the reglementary period before this Court rendered the assailed decision of the Court of Appeals final and executory with respect to the criminal aspect of the case.

“The Solicitor General cannot trifle with court proceedings by refusing to file a petition for review only to subsequently, after the lapse of the reglementary period and finality of the Amended Decision, file a comment.”

The heirs of Delgado and his girlfriend, Analisa Pesico had no legal personality to appeal the CA decision, the SC said.

The decision was written by Associate Justice Antonio Carpio.

Concurring were Justices Conchita Carpio Morales, Teresita Leonardo-de Castro, and Lucas Bersamin.

Associate Justice Presbitero Velasco Jr. dissented.

Velasco said the CA decision should be set aside as it “was a blatant breach of the Crespo doctrine, which has not been modified or abandoned for 20 years.”

Under the Crespo doctrine, once a complaint or information is filed in court, the dismissal of the case, or the conviction or acquittal of the accused rests on the sound discretion of the court.

Last year, the CA dismissed the murder charges against Gonzalez and Buenaflor on grounds of lack of probable cause.

The amended CA decision reversed the original decision, dated March 18, 2008 of the CA’s seventh division.

Gonzalez and Buenaflor were charged with the murder of Delgado and frustrated murder of Pesico before the Manila Prosecutor’s Office and later transferred to the DOJ.

After preliminary investigation, acting City Prosecutor Cielitolindo Luyun dismissed the complaint for lack of probable cause.

In September 2007, the heirs of Delgado and Pesico filed a petition for review with the secretary of justice.

On Oct. 15, 2007 acting Justice Secretary Agnes Devanadera reversed the findings of Luyun and directed the filing of murder charges against Gonzalez and Buenaflor.

Devanadera denied their motion for reconsideration on Oct. 26, 2007.

They were charged with murder before the Manila Regional Trial Court and less serious physical injuries before the Manila Metropolitan Trial Court.

Subsequently, they appealed the DOJ resolution before the CA.

On March 18, the CA dismissed their petition and affirmed the DOJ’s finding of probable cause based on Pesico’s identification of them as the perpetrators.

They subsequently filed a motion for reconsideration, and after oral arguments on July 17, 2008, the CA ordered the dismissal of murder and less serious physical injuries charges against Gonzalez and Buenaflor.

The Office of the Solicitor General did not appeal the CA decision but asked for an extension to file a petition for review.

However, the 30-day extension given lapsed without any petition being filed.