LEGAL ETHICS (ALSC2016, Judge Singh)

SUAREZ vs. PLATON (GR No. 46371, Feb 7, 1940) Doctrine: (parts in bold) Facts: Petition for mandamus against Judge Platon to reinstate the case Lieutenant Orais files a complaint against Suarez and Ruedas for sedition. Orais then moved for temporary dismissal of the case in obedience to the Provincial Commander of Tayabas. Suarez (a lawyer), through the deputy provincial fiscal Palacio, charged Orais and Jimenez for arbitrary detention According to Suarez, his arrest was without warrant nor any legal ground, moved by personal grudge. He averred also that to conceal the illegality of his arrest, Orais connived with Jimenez, a justice of the peace, to issue an order declaring that there were merits in the complaint making the arrest valid. Since a justice of the peace of Calauag was involved, preliminary examination was held in Lopez, Tayabas. The provincial fiscal of Tayabas, Ramon Valdez, moved for a dismissal of the case. Suarez then asked the court to appoint Atty. Reyes as acting provincial fiscal to handle the prosecution, alleging that Ramon Valdez did not have the courage to prosecute the accused. Atty. Reyes, along with the Bar Association of Tayabas, objected to the motion of dismissal. The court though denied the motion to dismiss. (Atty. Reyes won at this stage) Upon petition of Ramon Valdez, the court designated Deputy Provincial Fiscal Perfecto Palacio to handle the prosecution. Palacio was of the same opinion though as Valdez that there was no case so he declined to proceed. Because of this, the Provincial Fiscal of Sorsogon, Yamson was assigned to handle the prosecution. However, Yamson is still of the opinion that the case should be dismissed. Judge Platon then was assigned this case after he replaced the first Judge (Pena). Judge Platon then ruled that the case should be dismissed. Thus, Suarez appeals such decision to SC. Mandamus to reinstate the case.

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Issue/s (1) Issue 1: Should the mandamus be issued? Meaning, w/n the case was rightfully dismissed. Held (1) Yes. Case was properly dismissed. Mandamus should not lie. Ratio (1) Preliminary Examination is discretionary, nor ministerial. Mandamus should not lie. Considering all the circumstances, we cannot say that Judge Servillano Platon, in granting the motion for the dismissal of the case for arbitrary detention against Lieutenant Orais and the justice of the peace of Lopez, abused his discretion so flagrantly as to justify, in the interest of justice, a departure from the well-settled rule that an inferior tribunal in the performance of a judicial act within the scope of its jurisdiction and discretion cannot be controlled bymandamus. This is especially true in a matter involving the examination of evidence and the decision of questions of law and fact, since such a duty is not ministerial. (2) Role of the prosecuting officer the prosecuting officer "is the representative not of an ordinary party to a controversy, but of a sovereignty whose obligation to govern impartially is as compelling as its obligation to govern at all; and whose interest, therefore, in a criminal prosecution is not that it shall win a case, but that justice shall be done. As such, he is in a peculiar and very definite sense the servant of the law, the two fold aim of which is that guilt shall not escape or innocence suffer. He may prosecute with earnestness and vigor indeed, he should do so. But, while he may strike hard blows, he is not at liberty to strike foul ones. It is as much his duty to refrain from improper methods calculated to produce a wrongful conviction as it is to use every legitimate means to bring about a just one. Penalty No penalty. This is not an administrative case 1

LEGAL ETHICS (ALSC2016, Judge Singh)

Dissenting Opinion: - Additional facts: Suarez was in a train going to Tayabas with officer Orais. In a conversation between them, Suarez made certain remarks about the abuses of authority committed by the officers of govt who conducted the raid against the Sakdalistas at Sariaya. Orais asked whether Suarez was part of the Sakdalistas to which Suarez answered maybe. Orais then arrested Suarez for uttering seditious words. Suarez was then lodged in jail and the information against him was filed. But as the facts state, the information was withdrawn the day after because of an order of a superior. - Justice Moran (who wrote this) is of the opinion that Orais was prompted obviously not by official duty but by personal resentment against certain statements made by Suarez. Why? There is nothing seditious daw with Suarezs statements. - The fiscal, in moving for a dismissal, mentioned a reinvestigation conducted by him in which he supposedly found new evidence warranting its dismissal. However, he wasnt able to produce such evidence which is an indication that it never existed. - He agrees however that there is no reason for including Justice of the Peace Jumenez in the complaint. The evidence shows no connection between him and Orais .

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