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aaaaaaaaaaaaaaaaaaaaaaaa 10728 were with the Secretary of Justice for his review. Alaon cannot be charged
with notice that the Secretary of Justice had treated the letter of BBB as a petition for review. Notice in this
case, as a function of an opportunity to be heard, a component of procedural due process, was not met. Once
the Secretary of Justice decided to treat the letter of BBB as an appeal, he should have required Alaon to
comment thereon. Even if the letter did not comply with the requirements for an appeal under the 2000
National Prosecution Service Rules on Appeal, indeed, precisely for such reason, the Secretary of Justice was
duty-bound, as the one hearing the case, to afford Alaon, respondent therein, an opportunity to be heard to
satisfy procedural due process. On this score, the DOJ abused its discretion when it rode roughshod over
Alaons rights as it accommodated private complainant.

With our holding that the Secretary of Justice acted in excess of jurisdiction when he failed to afford Alaon
an opportunity to be heard on private complainants letter which he deemed as a petition for review, we
affirm the appellate courts issuance of the special writ of certiorari, annulling the 18 March 2008 Resolution
of the DOJ.

SECOND DIVISION, G.R. No. 189596, April 23, 2014, DEPARTMENT OF JUSTICE, PETITIONER, VS.
TEODULO NANO ALAON, RESPONDENT.

The power of control implies the right of the President (and, naturally, of his alter ego) to
interfere in the exercise of such discretion as may be vested by law in the officers of the
national government, as well as to act in lieu of such officers.

Teodulo was charged before the Provincial Prosecutor of Camarines Norte for alleged Rapeon
three occasion by AAA, a minor. After the requisite preliminary investigation where Teodulo
was charged with rape, but filed a motion for reconsideration thereof, the provincial prosecutor
charged Teodule with acts of lasciviousness instead of rape. The

In "case digests"

Once A Case Has Reached The Court, Any Resolution Or Decision As To Its Dismissal
Should Be Left To The Sound Discretion Of The Court...

Is the trial court bound by the Resolution of the Secretary of Justice withdrawing the Information
filed against the accused? May the judge insist on the arraignment and trial on the merits of the
accused even after the motion to dismiss was filed by the prosecutor? This is the core

In "case digests"
There Is No More Distinction Between Cases Under The Revised Penal Code And Those
Covered By Special Laws With Respect To The Interruption Of The Period Of
Prescription...

In "case digests"

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