Category: ENDOWMENT AID FOR SCHOLARSHIP


CASE 2020-0012: MERIAM M. URMAZA VS. HON. REGIONAL PROCESUTOR NANNATUS CAESAR R. ROJA/HON. ASSISTANT PROVINCIAL PROSECUTOR JUDYLITO V. ULANDAY AND RAMON TORRES DOMINGO (G.R. NO. 240012. JANUARY 22, 2020) (SUBJECT/S: PROCEDURE IN APPEALING RESOLUTIONS OF THE PROVINCIAL AND CITY PROSECUTORS; ORAL DEFAMATION; INTRIGUING AGAINST HONOR) (BRIEF TITLE: URMANZA VS REGIONAL PROSECUTOR ROJA ET AL)

 

DISPOSITIVE:

 

SUBJECTS/DOCTRINES/DIGEST:

 

WHAT HAPPENED IN THIS CASE?

 

PETITIONER FILED AT THE PROVINCIAL PROSECUTOR’S OFFICE A CASE FOR ORAL DEFAMATION AND INTRIGUING AGAINST HONOR. THE PROSECUTOR DISMISSED THE CASES  FOR INSUFFICIENCY OF EVIDENCE. PETITIONER FILED AN APPEAL WITH THE OFFICE OF THE REGIONAL PROSECUTOR WHO ALSO DISMISSED THE APPEAL. PETITIONER THEN FILED PETITION FOR CERTIORARI AT CA. CA DISMISSED PETITION FOR BEING FILED INCORRECTLY AT CA. IT SHOULD HAVE BEEN FILED AT DOJ. SUPREME COURT AFFIRMED RULING OF CA BUT STILL RULED ON THE MERITS. ACCORDING TO THE SUPREME COURT THERE WAS INSUFFICIENT EVIDENCE.

 

WHAT IS THE APPEAL PROCEDURE FROM RESOLUTION OF THE PROVINCIAL PROSECUTOR OR CITY PROSECUTOR?

 

PROCEDURE 1

PROCEDURE 2

 

WAS CA CORRECT IN DISMISSING THE PETITION?

 

CA COULD HAVE GIVEN  THE PETITION DUE COURSE BECAUSE THE RESOLUTION OF THE REGIONAL PROSECUTOR IS FINAL, MEANING THE DISPUTE  CAN NOW BE RAISED  IN COURT. BUT PETITION DID NOT STATE THE DATE WHEN SHE RECEIVED COPY OF THE RESOLUTION DENYING HER MOTION FOR RECON. THUS, THE PETITION WAS STILL DEFECTIVE AND COULD BE DISMISSED. YET THE SUPREME COURT PROCEEDED TO RULE ON THE MERITS.

  

WHAT IS ORAL DEFAMATION AND INTRIGUING AGAINST HONOR?

 

ORAL 1

ORAL 2

 WAS THERE SUFFICIENT EVIDENCE (CONSTITUTING PROBABLE CAUSE) TO INDICT RESPONDENT IN THE CRIMINAL COMPLAINT FOR INTRIGUING AGAINST HONOR AND ORAL DEFAMATION?

 

NO SUFFICIENT EVIDENCE.

 

EVIDENCE

 

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW. IF FILE DOES NOT APPEAR ON SCREEN GO TO DOWNLOAD. IT IS THE FIRST ITEM. OPEN IT.

 

SCD-2020-0012-Meriam M. Urmaza Vs. Hon. Regional Procesutor Nannatus Caesar R. Roja, Hon. Assistant Provincial Prosecutor Judylito V. Ulanday and Ramon Torres Domingo 

 

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We intend to put up a fund which shall never be “touched” and shall forever remain in “trust” to be earning interest within a fixed  maturity period.  The interest at the end of the maturity  period will be used to help  poor but deserving law scholar with leadership capability. The beneficiary  may only be one scholar for a long time  but whose potential to be leader  is great. Hopefully, he or she will make a big impact on society. He or she knows, feels and lived poverty and thus has empathy towards the poor and a burning desire to lift them up.

Hopefully, the financial institution where the fund is kept in trust will participate by utilizing  the fund as part of its loan scholarship program. In this way the not-so-significant  interest for the fund is offset by its being used by the institution for its loan scholarship projects.

The contributors will be  clients and friends of  this law firm.

For this we propose to allocate an initial fund of P30,000.00.

In due time, we shall formalize the legal structure of this AID.

We welcome your suggestions and comments.

For advice on above subject, you may contact J.A.B. Bulao & Associates at attybulao@gmail.com.