G.R. No. 17165 Case Digest

G.R. No. 17165, December 13, 2007

Marietta Ilusio, petitioner

vs Sylvia Ilusorio, et. al, respondents

Ponente: Nachura

Facts:

This is an appeal by way of petition for review on certiorari by the resolution and decision by the CA on the case of petitioner for robbery, trespass to dwelling and violation of PD No. 1829 against respondents.

Petitioner alleged in a complaint affidavit that some of the respondents owns and control the majority stock of Lake Ridge Corporation, the registered owner of a penthouse. When one of the respondent left for the US, she left the petitioner full authority to take care and oversee the penthouse through a letter to that effect addressed to the management of pacific plaza.

Then, in November 1999, Sylvia Illusorio and other persons, with consent of the pacific plaza (Jovito, Chief of Security)has forcibly entered the penthouse by breaking its door and locks and allegedly caused the loss of documents and jewelry.

In a counter affidavit, respondents denied to owned and control the majority shares of the Lake Ridge and submitted copies of SEC's general information sheet all showing the stockholders of Lake Ridge. They alleged that the authority given by Erlinda to Marietta was without force and effect in absence of any board resolution to support it. Noting that Lake Ridge had not authorized the criminal case and that Erlinda's residence was not in pacific plaza but in Antipolo, Rizal. and that there is no robbery or trespassing to the penthouse because they had the right to enter the penthouse.

In a separate affidavit, Jovito explained that the penthouse was forced open was really for maintenance purposes requested by Sylvia as one of the legitimate owner of the unit. he claimed that he was merely dragged to the family feud of the Ilusorios.

In a resolution of prosecutor general Hirang of Makati city dismissed the charges against private respondents for lack of probable cause. He found out that being the legitimate owners, respondents have authority to open the penthouse and the charged against Jovito had already become moot and academic considering the dismissal of the charges for robbery and trespassing.

Marietta motion for reconsideration in DOJ but was denied. Marietta went to CA claiming for grave abuse of discretion on the part of the prosecutors office and DOJ.

CA denied the petition for lack of merit.Marietta petition again that court should grant the petition because: (1) evidence on record sufficiently establish probable cause that the crimes were committed, (2) Marietta, Erlinda and Ramon and Shereen Ilusorio were the duly constituted officers of Lake Ridge, (3) self-serving assertions of private respondents that they were representatives of Lake Ridge  did not authorize them to break in to the penthouse

Court disagree.

On probable cause issue, based merely on opinion and reasonable belief does not import absolute certainty, finding probable cause merely binds over the suspect to stand trial, does not impose guilty verdict.

The conduct of PI is executive in nature thus a prosecutor is under no compulsion to file a particular criminal information.in this case, we find no compelling reason to deviate from our policy of non-interference with the investigating prosecutor's findings of absence of probable cause.

Further, respondents establish by competent evidence that they are the vice-president and asst. vice-president of Lake Ridge and have the right therefore to freely enter the penthouse.

Petition is wherefore denied for lack of merit.