2) ALCID - Jalandoni v. Drilon (D2017)

Jalandoni V. Drilon (2000) f. MR was denied hence the present petition for certiorari.
Petitioner/s: Mario C.V. Jalandoni

Respondent: HON. SECRETARY OF JUSTICE FRANKLYN M. DRILON, ISSUES:
HONORABLE PROVINCIAL PROSECUTOR OF RIZAL, ROBERT 1. WON the Secretary of Justice had the power to withdraw the
COYIUTO, JR., JAIME LEDESMA, RAMON GARCIA, ANTONIO OZAETA, information filed before the RTC.
AMPARO BARCELON and CARLOS DYHONGPO
Ponencia: Buena, J. PROVISION
Section 38, paragraph 1, Chapter 7, Book IV of the Rev. Admin. Code: "(1)
DOCTRINE: Under the Revised Administrative Code, the secretary of justice Supervision and Control. -- Supervision and control shall include authority to
exercises the power of direct control and supervision over said act directly whenever a specific function is entrusted by law or regulation to a
prosecutors. He may thus affirm, nullify, reverse or modify their rulings subordinate; direct the performance of duty; restrain the commission of acts;
as he may deem fit. review, approve, reverse or modify acts and decisions of subordinate officials
or units; determine priorities in the execution of plans and programs; and
FACTS: prescribe standards, guidelines, plans and programs. Unless a different
a. First Libel Case meaning is explicitly provided in the specific law governing the relationship of
particular agencies, the word ‘control’ shall encompass supervision and
 Ledesma, private respondent, filed an administrative complaint for
control as defined in this paragraph."
violation of the RPC and the Anti-Graft and Corrupt Practices Act
against the petitioner with the Presidential Commission on Good
RULING + RATIO:
Government (PCGG)
1. Yes
 A full-page paid advertisement was caused to be published by
 It is a well-settled rule that the Secretary of Justice has the power to
private respondents in five major daily newspapers (Manila
review resolutions or decisions of provincial or city prosecutors
Chronicle, Business World, Malaya, Philippine Daily Globe and The
or the Chief State Prosecutor upon petition by a proper party.
Manila Times)
Under the Revised Administrative Code, the secretary of justice
 The advertisement contained allegations against Jalandoni (then a
exercises the power of direct control and supervision over said
PCGG Commissioner) of having committed illegal and unauthorized
prosecutors. He may thus affirm, nullify, reverse or modify their
acts constituting graft and corruption relating to a dacion en pago
rulings as he may deem fit.
financing arrangement entered into by Piedras Petroleum Co., Inc.
 In administrative law, supervision means overseeing or the power
with RCBC. It was about the unauthorized selling of OPMC shares
or authority of an officer to see that subordinate officers perform their
held by Piedras to RCBC for low prices.
duties. If the latter fail or neglect to fulfill them, the former may take
 Petitioner filed a complaint for the crime of libel before the Provincial
such action or step as prescribed by law to make them perform such
Prosecutor of Rizal against the respondents who were OPMC
duties. Control, on the other hand, means the power of an officer to
officials and directors.
alter or modify or nullify or set aside what a subordinate officer had
b. Second Libel Case
done in the performance of his duties and to substitute the judgment
 An open letter addressed to the stockholders of OPMC was written of the former for that of the latter.’
by respondent Coyiuto Jr. as Chairman of the Board and President of
 Review as an act of supervision and control by the justice secretary
OPMC. It contained remarks regarding the same deal as stated
over the fiscals and prosecutors finds basis in the doctrine of
above.
exhaustion of administrative remedies which holds that mistakes,
 Again, Jalandoni filed a complaint for libel before the Provincial abuses or negligence committed in the initial steps of an
Prosecutor of Rizal. administrative activity or by an administrative agency should be
c. The prosecutors issued memoranda on both cases recommending the corrected by higher administrative authorities, and not directly by
indictment of the respondents and information for libel was filed with the courts. As a rule, only after administrative remedies are exhausted
RTC of Makati against the respondents. may judicial recourse be allowed.
d. All of the respondents appealed to then Secretary of Justice, Franklin
Drilon. Other rulings just in case:
e. Drilon issued an order dismissing the resolutions of the prosecutors and
 Libel was not committed.
directing them to withdraw the information filed.
o The statements embodied in the advertisement and the open
letter are protected by the constitutional guarantee of
freedom of speech. This carries the right to criticize the
action and conduct of a public official.
o In libel cases against public officials, for liability to arise, the
alleged defamatory statement must relate to official conduct,
even if the defamatory statement is false, unless the public
official concerned proves that the statement was made with
actual malice, that is, with knowledge that it was false or not.
Here petitioner failed to prove actual malice on the part of
the private respondents.
DISPOSITION: Petition was dismissed.

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Jalandoni V. Drilon (2000) f. MR was denied hence the present petition for certiorari.

Petitioner/s: Mario C.V. Jalandoni

DISPOSITION: Petition was dismissed.

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