see - Napoles’ lawyers seek TRO against arrest warrants | Inquirer News
Napoles' counsel followed a different tactic from what I have earlier stated.
She went up directly to the Court of Appeals (CA) to nullify the judicial finding of probable cause and the issuance of a warrant of arrest by the Regional Trial Court (RTC), Makati City.
Napoles did not anymore give the trial court an opportunity to correct itself by way of a "motion for reconsideration/setting aside of the order/warrant".
I assume that the theory of Napoles' lawyer is based on the alleged URGENCY of the matter.
It is an exception to the general rule that before one may file a Rule 65 special civil action for "certiorari, prohibition and mandamus" before a higher court, one must first file a "motion for reconsideration" before the trial court, whose order is the subject of the said special civil action, to give the trial court an opportunity to correct itself.
It all depends now on the CA whether or not to issue a limited TRO (and later a more expansive writ of preliminary injunction) against RTC Makati, pendente lite, or, in the merits, whether or not to appreciate the theory of urgency and to give due course to the petition.
The incidental/provisional and final actions of the CA on the petition will determine the liberty of Napoles.
Of course, the CA decision on the matter will surely be elevated by the State, thru the Office of the Solicitor General (OSG), to the Supreme Court (SC), which may or may not agree w/ the ruling of the CA.
In the meantime, under Rule 65, unless the RTC Makati is formally restrained by the CA or, later, by the SC, from acting on the pending criminal case of Napoles, the trial court may proceed to hear and try the merits/demerits thereof.
That is, assuming Napoles is arrested (by law enforcers or by citizens) or voluntarily surrenders.
If she remains to be at large, her criminal case would be "archived", in the meantime, the same to be revived upon her arrest or surrender.
So, let's wait and see.
- Atty. Manuel J. Laserna Jr.
Las Pinas Cit, Philippines.
