Case Digest (G.R. No. 174813-15)
Facts:
Nilo Hipos, Sr. representing Darryl Hipos, Benjamin Corsino representing Jaycee Corsino, and Erlinda Villaruel representing Arthur Villaruel v. Honorable RTC Judge Teodoro A. Bay, Presiding Judge, RTC, Hall of Justice, Quezon City, Branch 86, G.R. Nos. 174813-15, March 17, 2009, Supreme Court Third Division, Chico‑Nazario, J., writing for the Court.On 15 December 2003 three Informations (two for rape, one for acts of lasciviousness) were filed in Branch 86 of the Regional Trial Court (Family Court), Quezon City, docketed as Criminal Cases Nos. Q‑03‑123284, Q‑03‑123285 and Q‑03‑123286; the Informations were signed by Assistant City Prosecutor Ronald C. Torralba. The private complainants subsequently moved for reinvestigation on 23 February 2004; Judge Teodoro A. Bay granted that motion and ordered reinvestigation.
On 19 May 2004 the accused (through their representatives) filed a Joint Memorandum to Dismiss before the City Prosecutor asserting lack of probable cause. On 10 August 2004 the City Prosecutor’s Office issued a Resolution affirming the Informations (signed by Assistant City Prosecutor Raniel S. Cruz and approved by City Prosecutor Claro A. Arellano). On 3 March 2006 2nd Assistant City Prosecutor Lamberto C. de Vera reversed the 10 August 2004 Resolution, finding lack of probable cause; on the same date the City Prosecutor filed a Motion to Withdraw Informations before Judge Bay.
Judge Bay issued an Order dated 2 October 2006 denying the Motion to Withdraw Informations. Petitioners did not seek reconsideration in the trial court; instead they filed with the Supreme Court a Petition for Mandamus under Rule 65, Sec. 3, Rules of Court, asking the Court to compel Judge Bay to grant the prosecution’s Motion to Withdraw Informations. The Solicitor General argued the proper remedy was certiorari for grave abuse. The Court (Third Division) heard and resolved the petition; Associate Justice Antonio T. Carpio was special...(Pro-only)
Issues:
- Can the Supreme Court, by writ of mandamus under Rule 65, compel the trial judge to grant the Office of the City Prosecutor’s Motion to Withdraw Informations and thereby dismiss the crimin...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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