CASE DIGEST : Chester De Joya v. Judge Placido C. Marquez et al.

 G.R. No. 162416             January 31, 2006

CHESTER DE JOYA, Petitioner,

vs.

JUDGE PLACIDO C. MARQUEZ, in his capacity as Presiding Judge of Branch 40, Manila-RTC, PEOPLE OF THE PHILIPPINES and THE SECRETARY OF THE DEPARTMENT OF JUSTICE, Respondents.

FACTS: This is a petition for certiorari and prohibition that seeks the Court to nullify and set aside the warrant of arrest issued by respondent judge against petitioner in Criminal Case No. 03-219952 for violation of Article 315, par. 2(a) of the Revised Penal Code in relation to Presidential Decree (P.D.) No. 1689. Petitioner asserts that respondent judge erred in finding the existence of probable cause that justifies the issuance of a warrant of arrest against him and his co-accused.

ISSUE: WON petition may seek relief from court

HELD: The Supreme Court ruled that Petitioner is not entitled to seek relief from the court since he refuses to surrender to the jurisdiction of the court. The Supreme Court cited Justice Regalado stating that the court may acquires jurisdiction over the case even If it did not acquire jurisdiction over the person as long as it acquired jurisdiction over the res as when it involves the personal status or property of the plaintiff. Such Summons by publication is only to satisfy due process requirements. Petitioner’s continued refusal to submit to the court’s jurisdiction should give this Court more reason to uphold the action of the respondent judge