This case has been cited 3 times or more.
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2013-07-12 |
DEL CASTILLO, J. |
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| Likewise, in its March 10, 2006 Order reiterating its denial of respondent's Motion for Reconsideration, the RTC merely stated that the 5% interest is a matter of defense. There was never any discussion as to how it reached such conclusion, or how the DOJ findings impacted on its ruling. And instead of confronting the reasons stated in the motion for the withdrawal of the Information, the RTC digressed and focused solely on what constitutes estafa involving bouncing checks. It said, "The prosecution has established that complainant gave [her] money to accused for the exchange of checks simultaneously delivered to [her] and if it were not for the delivery of the checks, complainant would not have parted with [her] money."[37] Notably, the RTC in both Orders perfunctorily denied the motion to withdraw as it did not "(1) positively state that the evidence against [Purita is sufficient to make out a case for estafa]; (2) include a discussion [on] the merits of the case; (3) assess [if the DOJ's conclusion] is supported by evidence; (4) look at the basis of [the DOJ's] recommendation; (5) embody its assessment in the [said Orders]; and, (6) state [the] reasons in denying the motion to withdraw information."[38] Hence, it is plain from the said Orders that the RTC failed to perform its bounden-duty to make an independent evaluation of the merits of the case. The CA did not therefore err in declaring that such failure of the RTC constitutes grave abuse of discretion amounting to excess of jurisdiction.[39] | |||||
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2012-10-03 |
PEREZ, J. |
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| Section 7,[17] Rule 117 of the Rules of Court provides for the requisites for double jeopardy to set in: (1) a first jeopardy attached prior to the second; (2) the first jeopardy has been validly terminated; and (3) a second jeopardy is for the same offense as in the first. A first jeopardy attaches only (a) after a valid indictment; (b) before a competent court; (c) after arraignment; (d) when a valid plea has been entered; and (e) when the accused has been acquitted or convicted, or the case dismissed or otherwise terminated without his express consent.[18] | |||||
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2010-01-15 |
CARPIO, J. |
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| In Co v. Lim,[30] the Court held that: Once a case is filed with the court, any disposition of it rests on the sound discretion of the court. The trial court is not bound to adopt the resolution of the Secretary of Justice, since it is mandated to independently evaluate or assess the merits of the case. Reliance on the resolution of the Secretary of Justice alone would be an abdication of its duty and jurisdiction to determine a prima facie case. The trial court may make an independent assessment of the merits of the case based on the affidavits and counter-affidavits, documents, or evidence appended to the Information; the records of the public prosecutor, which the court may order the latter to produce before the court; or any evidence already adduced before the court by the accused at the time the motion is filed by the public prosecutor. | |||||