Author: Carlo Africa

Dimatulac vs. Villon 8. Despite the pending appeal to the DOJ, an information was filed for
homicide against the Yabuts and the John Doe Danny.
Petition: Certiorari, prohibition and mandamus 9. DOJ resolved to order that the information be changed from
Petitioner: Peter Paul Dmatulac homicide to murder but later on after it was informed that there had
Respondent: Hon. Villon as RTC Judge of Pampanga, Hon. Guingona as been arraignment already, it reconsidered its decision.
DOJ, Mayor Yabut et a.
Ponencia: Davide Jr. ISSUES:
1. W/N the office of the Provincial Prosecutor should have deferred
arraignment due to the pending appeal with the DOJ (YES)
DOCTRINE: (Power of Supervision and Control)
Supervision means overseeing or the power or authority of an officer to RULING + RATIO:
see that subordinate officers perform their duties. Failure of 1. YES the Prosecutor should have deferred arraignment due to
subordinate may allow the taking of action by the officer as prescribed the pending appeal with the DOJ
by law to force subordinate to do his duty.
An appeal to the DOJ is an invocation of the Secretary’s power of
Control means the power of an officer to alter or modify or nullify or set supervision and control over prosecutors.
aside what a subordinate officer had done in the performance of his
duties and to substitute the judgment of the subordinate in favor of the Supervision means overseeing or the power or authority of an officer to see
officer’s. that subordinate officers perform their duties. Failure of subordinate may
allow the taking of action by the officer as prescribed by law to force
FACTS: subordinate to do his duty.
1. Virgillo Dimatulac father of petitioner was shot dead outside his
home. Allegedly it was under the leadership of Mayor Yabut, the Control means the power of an officer to alter or modify or nullify or set aside
Yabut brothers and Francisco Yambao also including two John Does what a subordinate officer had done in the performance of his duties and to
with the alias of Danny and Koyang. substitute the judgment of the subordinate in favor of the officer’s.
2. They went looking for Virgillo at the police station but they were told
that he was off duty and he was at home. The DOJ has the power to review the decisions of the prosecutor due to the
3. When they arrived there, the Yabut brothers with Yambao went doctrine of exhaustion of administrative remedies which means that mistakes
inside the house to convince Virgillo Dimatulac to apologize to the done by the lower administrative authorities should be corrected by the
mayor because of a recent dispute between the latter and the higher authorities before judicial recourse is allowed.
former’s brother where Virgillo spoke against the mayor in public.
4. Virgillo obliged with the request of the group but as he was going In this case, as the petitions had a right to appeal to the DOJ, the prosecutor
down the stairs of his house he was shot allegedly by one of the should have waited or deferred arraignment pending the decision of the DOJ.
John Does, Danny at the order of the Mayor. This was heard by
Peter Paul, the son of Virgillo.
5. It was also mentioned that the Mayor had already told the Danny
beforehand on the way to the deceased house to stay near or close
to Virgillo and that he already knows what he should do.
6. Asst. Provincial Fiscal Alfonso-Reyes resolved to file an information
against Yabuts and John Doe Danny for homicide which was
contested by the Petitioner on the ground that it should be for murder
due to the use of treachery.
7. Asst. Provincial Fiscal Alfonso-Reyes rejected the petitioner, thus
petitioner appealed to the DOJ.