CA dismisses Ong petition, DOJ indictment in trafficking case stands

The Court of Appeals (CA) has dismissed the petition filed by Cassandra Ong seeking to nullify the Department of Justice (DOJ) resolution that indicted her for qualified human trafficking, citing her failure to exhaust administrative remedies.

In a resolution issued by the Special Thirteenth Division, the CA ruled that Ong’s petition for certiorari under Rule 65 of the Rules of Court was premature and unjustified, as she failed to first file a motion for reconsideration or appeal with the DOJ. The court emphasized that certiorari is an extraordinary remedy available only when no other plain, speedy, and adequate recourse exists.

“Before a party is allowed to resort to the special civil action for certiorari, he or she must first exhaust all remedies available under the law,” wrote Associate Justice Pablito A. Perez, who penned the ruling. “A motion for reconsideration is a condition sine qua non for the filing of a petition for certiorari.”

Justices Lorenza R. Bordios and Emily L. San Gaspar-Gito concurred with the decision.

Ong earlier sought to annul the DOJ panel’s resolution recommending her indictment, later affirmed by the Prosecutor General. She claimed violations of her right to due process, arguing she was not adequately informed of the charges during the preliminary investigation and that public statements from DOJ officials showed bias.

The court rejected her arguments, ruling that her claims of futility and bias were speculative and insufficient to justify bypassing the proper legal procedures. It also noted that allegations of bias must be “clear and convincing” and not merely perceived.

The CA further clarified that the constitutional right to be informed of the nature and cause of an accusation applies during trial proper—not during preliminary investigation.

Ong was the designated “authorized representative” of Lucky South 99 Outsourcing Inc., a now-defunct Philippine Offshore Gaming Operator (POGO) formerly based in Porac, Pampanga. She was charged on 10 September 2024, alongside 51 others, by the Philippine National Police–Criminal Investigation and Detection Group (PNP-CIDG) and the Presidential Anti-Organized Crime Commission (PAOCC).

The POGO has been linked to alleged human trafficking, illegal detention, and other criminal activities inside its compound.

On 29 October 2024, the case expanded to include former presidential spokesperson Harry Roque as a co-respondent in the non-bailable trafficking charge.

With the CA’s ruling, the DOJ indictment stands, and the criminal case is set to proceed in court. The decision reaffirms the long-standing legal doctrine requiring parties to exhaust administrative remedies before seeking judicial relief.