This case has been cited 1 times or more.
2005-03-31 |
CALLEJO, SR., J. |
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The Sandiganbayan ordered the dismissal of the 13 cases as against the petitioners over the objection of the Special Prosecutor on its erroneous perception that Justice Marigomen recommended in his report the dismissal of the 13 cases against the petitioners. By its Order, the graft court deprived the respondent People of the Philippines of its right to due process. In fine, the Sandiganbayan acted in excess of its jurisdiction and committed grave abuse of its discretion in dismissing the 13 criminal cases against the petitioners.[30] Hence, its Order dated January 26, 1998 dismissing the 13 criminal cases, as against the petitioners, was null and void;[31] it may thus be rectified, as did the graft court, per its Resolution dated April 6, 1999 despite the lapse of fifteen days from notice of the Special Prosecutor of its January 26, 1998 Order. By rectifying its void Order, it cannot be said that the graft court acted with grave abuse of its discretion, amounting to excess or lack of jurisdiction. |