Angeles v.

Gaite | 605 SCRA 409

FACTS: The petitioner filed a motion for review of certiorari of the decision and resolution of the Court of Appeals. The
case starts when the grandchild, under the custody of her grandmother, was taken away by her half brother in different
provinces. Because of that, the petitioner filed a case against the half brother of her grandchild. The investigating
prosecutor issued a resolution to continue with the filing of the case. This was however denied by the provincial
prosecutor who also issued a decision to dismiss the case. Petitioner filed a petition for review with USEC. Teehankee but
was denied. Petitioner then filed a petition for review with SEC Perez and was also denied. She tried appealing to the
Office of the President but was dismissed by such on the ground of Memorandum Circular No. 58 which bars an appeal or
a petition for review of decisions/orders/resolutions of the Secretary of Justice except those involving offenses punishable
by reclusion perpetua or death Petitioner went to the CA which sustained the dismissal. Petitioner contends that such
Memo Circular was unconstitutional since it diminishes the power of control of the President and bestows upon the
Secretary of Justice, a subordinate officer, almost unfettered power.
ISSUE: Whether Memorandum Circular No. 58 is unconstitutional since it diminishes the power of the President.
RULING: Supreme Court ruled that the Presidents act of delegating authority to the Secretary of Justice by virtue of
Memorandum Circular No. 58 is well within the purview of the doctrine of qualified political agency. Under the doctrine,
the multifarious executive and administrative functions of the Chief Executive are performed by and through the
executive departments and the acts of the secretaries of such departments, performed and proved or reprobated by the
Chief Executive, presumptively the acts of the Chief Executive.
NOTE: Memo Circular 58 states that, No appeal from or petition for review of decisions/orders/resolutions of the
Secretary of Justice on preliminary investigations of criminal cases shall "e entertained "y the Office of the President,
except those involving offenses punishable "by reclusion perpetua to death.