Laude vs Judge Ginez

LAUDE VS. JUDGE GINEZ-JABALDE G.R. No. 217456, November 24, 2015

o!"#$ %-&'( No)"#e R*+e *&er R*+e 15, Se#)"o 4 o!"#$ I #r"m"'+ #'e, )e /eo!+e " )e re'+ !'r)( " ")ere) '#)$ On October 11, 2014, Jeffrey "Jennifer" Laude was killed at the Celzone Lodge in Olongao City allegedly by 1!yearold #$ %arine L&C'L Joseh $cott 'e(berton) On October 1*, 2014, a Co(laint for (urder  was filed by Jennifer+s sibling, %arilou $) Laude, against 'e(berton before the Olongao City Office of  the City 'rosecutor) On October 22, 2014, 'e(berton was detained in Ca( guinaldo, the general head-uarters of the r(ed .orces of the 'hiliines) On /ece(ber 1*, 2014, the 'ublic 'rosecutor filed an nfor(ation for (urder against 'e(berton before the egi egional onal rial rial Cour Courtt in Olon Olongao gao City)   warrant of arrest against 'e(berton was issued on /ece(ber 13, 2014) 'e(berton surrendered ersonally to Judge oline %) inezJabalde on /ece(ber  1!, 2014, and he was then arraigned)

On the sa(e day, %arilou $) Laude filed an #rgent %otion to Co(el the r(ed .orces of the 'hiliines to $urrender Custody of ccused to the Olongao City Jail and a %otion to llow %edia Co5erage) he %otion was heard and denied by Judge inezJabalde for lack of (erit) 'etitioners filed a %otion for econsideration which was also denied) 'etitioners argue that esondent Judge co((itted gra5e abuse of discretion tanta(ount to an e6cess or absence of 7urisdiction when she dis(issed the #rgent %otion to Co(el the r(ed .orces of the 'hiliines to $urrender Custody of the ccused to the Olongao City Jail based on (ere technicalities) n articular, they they argue that the threeday rule on (otions under ule 1*, $ection 4, of the 1!!8 ules of  Cour Co urtt is no nott ab abso solu lute te,, an and d sh shou ould ld be li libe bera rall lly y in inte ter rre rete ted d wh when en a ca case se is at atte tend nded ed by e6 e6ig igen entt circu(stances) 'etitioners ad5ance that the rationale behind the threeday notice rule is satisfied when there is an oortunity to be heard, which was resent in this case since 'e(berton+s counsel and the 'ublic 'rosecutor were resent in the hearing of the two %otions filed by etitioners) 'etitioners allege that the court noted their attendance, and were able to (ake co((ents during the /ece(ber 22, 2014 %otion hearing) hey assert that the rights of 'e(berton were not co(ro(ised) 'etitioners also a5er that the threeday notice rule should be liberally alied due to the ti(ing of the arrest and arraign(ent) $he also argue that e5en though the 9isiting .orces gree(ent gi5es the #nited $tates the "sole discretion" to decide whether to surrender custody of an accused (erican (ilitary ersonnel to the 'hiliine authorities, "the rule is that ) ) ) the Court still has control o5er any roceeding in5ol5ing a 7urisdictional (atter brought before it, e5en if it (ay well in5ol5e the country+s relations with another foreign ower)

 s for the nonconfor(ity of the 'ublic 'ublic 'rosecutor, etitioners argue that the 'ublic 'ublic 'rosecutor+s refusal to sign the #rgent %otion to Co(el the r(ed .orces of the 'hiliines to $urrender Custody of ccused to the Olongao City Jail rendered the re-uire(ent for confor(ity suerfluous) 'etitioners allege that the 'ublic 'rosecutor+s act is contrary to /eart(ent of Justice $ecretary Leila %) /e Li(a+s ) hey -uote $ecret $ec retary ary /e Li( Li(a a as ha5 ha5ing ing said the followi following ng sta state( te(ent ent in a new news s art articl icle e dat dated ed /ec /ece(b e(ber er 18, 2014:chanobles5i 2014: chanobles5i he 'hiliines will now insist on the custody of 'e(berton now that the case is filed in court and

esecially since the warrant of arrest has been issued," /e Li(a told reorters in an a(bush inter5iew)48cralawlawlibrary 'etitioners also -uoted $ecretary /e Li(a as ha5ing stated in another news article dated /ece(ber 1;, 2014 the following:

Justice $ecretary Leila /e Li(a stressed that 'e(berton should be under the custody of 'hiliine authorities, following the filing of charges) "here is also a ro5ision in the 9isiting .orces gree(ent that, in cases of e6traordinary circu(stances, the 'hiliine go5ern(ent can insist on the custody and for (e, there are enough such circu(stances, such as cruelty and treachery, that 7ustified the filing of the (urder and not ho(icide," /e Li(a said)r  he contrary (anifestations (ade by $ecretary /e Li(a, according to etitioners, (eant that "the confor(ity of the 'ublic 'rosecutor is a (ere suerfluity" and was (eant "to deny etitioners+ +-uest for   7ustice) n his Co((ent dated June 13, 201*, 'e(berton argues that Judge inezJabalde did not co((it gra5e abuse of discretion in denying the #rgent %otion to Co(el the r(ed .orces of the 'hiliines to $urrender Custody of ccused to the Olongao City Jail since etitioners 5iolated the threeday notice rule and failed to secure the confor(ity of the 'ublic 'rosecutor assigned to the case) either was there any such order fro( $ecretary /e Li(a) 'etitioners+ clai(s are, therefore, without legal basis)  s for the issue of custody under the 9isiting .orces gree(ent, 'e(berton argues that there is a difference between "7urisdiction" and "custody)"