The Court of Appeals (CA) has junked the petition filed by Cassandra Ong that sought to nullify the Department of Justice (DoJ) resolution indicting her for qualified human trafficking, citing her failure to exhaust other administrative remedies.
The CA, in a resolution issued by the Special Thirteenth Division, ruled that Ong’s petition for certiorari under Rule 65 of the Rules of Court was premature and unjustified, as she did not first file a motion for reconsideration or pursue an appeal with the DoJ. The court stressed that certiorari is an extraordinary remedy that may only be availed of when no other plain, speedy, and adequate remedy 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 decision. “A motion for reconsideration is a condition sine qua non for the filing of a petition for certiorari.”
The CA Special Thirteenth Division ruling was concurred in by Justices Lorenza R. Bordios and Emily L. San Gaspar-Gito.
Ong earlier asked the Court of Appeals to void the DoJ’s resolution recommending her indictment that was upheld by the Prosecutor General.
Ong claimed that her right of due process was violated, arguing that she was not adequately informed of the charges during the preliminary investigation and that public statements made by DoJ officials showed a bias against her.
The court, however, rejected her arguments, saying her claims of futility and bias were speculative and insufficient to justify bypassing proper legal procedures. The court added that claims of bias stemming from public statements must be supported by “clear and convincing” evidence, not mere perception.
The CA also clarified that the right to be informed of the nature and cause of an accusation — a constitutional guarantee cited by Ong — applies during the trial proper, not at the preliminary investigation stage.
Ong, the designated “authorized representative” of Lucky South 99 Outsourcing Inc. — a Philippine Offshore Gaming Operator (POGO) that operated in Porac, Pampanga — was charged on 10 September 2024 along with 51 others by the Philippine National Police-Criminal Investigation and Detection Group and the Presidential Anti-Organized Crime Commission.
The defunct POGO was linked to alleged human trafficking, illegal detention, and other criminal activities committed in its compound.
On 29 October 2024, former presidential spokesperson Harry Roque was included as a co-respondent in the non-bailable trafficking case.
The DoJ resolution stands following the dismissal of Ong’s petition which paves the way for the criminal case to proceed in court. The ruling affirms the longstanding principle that parties must exhaust all administrative remedies before seeking judicial intervention.