Marilou S. Laude, et al. vs. Hon. Roline M. Ginez-Jabalde, et al.

G.R. No. 217456, November 24, 2015; per Leonen, J.

Facts

This involves the celebrated case of Jeffrey “Jennifer” Laude (Jennifer) killed at the Celzone Lodge on Ramon Magsaysay Drive in Olongapo City allegedly by 19-year-old US Marine L/CPL Joseph Scott Pemberton (Pemberton). A Complaint for murder was filed by Jennifer’s sibling, Marilou S. Laude, against Pemberton before the Office of the City Prosecutor which Information was later filed with the RTC in Olongapo City.

On 19 December 2014, Pemberton surrendered personally to the RTC Judge and was later arraigned. On the same day of Arraignment petitioner Laude filed an Urgent Motion to Compel the Armed Forces of the Philippines to Surrender the Custody of Accused to the Olongapo City Jail and a Motion to Allow Media Coverage. The motion was scheduled on 22 December 2014, 2PM. According to petitioners, they were only able to serve the Motion on Pemberton’s counsel through registered mail. In any case, they claim to have also “furnished a copy of the [M]otion personally … at the hearing of the [M]otion. On 23 December 2014, the Urgent Motion was denied, as well as its motion for reconsideration.

Issue

Whether or not the averments of the petitioner that the 3-day notice rule should be should be liberally applied due to the timing of the arrest and arraignment tenable

Ruling

No. Rule 15, Section 4 of the Rules of Court clearly makes it a mandatory rule that the adverse party be given notice of hearing on the motion at least three days prior. Failure to comply with this notice requirement renders the motion defective consistent with protecting the adverse party’s right to procedural due process.

While the general rule is that a motion that fails to comply with the requirements of Rule 15 is a mere scrap of paper, an exception may be made and the motion may still be acted upon by the court, provided doing so will neither cause prejudice to the other party nor violate his or her due process rights. The adverse party must be given time to study the motion in order to enable him or her to prepare properly and engage the arguments of the movant.