Case Digest (G.R. No. 103323)
Facts:
The case is Ramon S. Paulin, Angela F. Paulin and Jose Bacho v. Hon. Celso M. Gimenez, Hon. Mamerto Y. Coliflores, Castro Belme and the People of the Philippines, G.R. No. 103323, January 21, 1993, Supreme Court Third Division, Melo, J., writing for the Court.On November 10, 1989 an altercation began when the jeep of private respondent Castro Belme Mabuyo was overtaken by a Nissan Patrol driven by petitioners Dr. Ramon S. Paulin and Angela F. Paulin (spouses) and their companion Jose Bacho, causing dust to cover Mabuyo. Mabuyo followed the Patrol to the back gate of Rattan Originals in Tanke, Talisay, Cebu and learned from a security guard that Dr. Ramon Paulin was the driver. While Mabuyo later investigated a constituent problem, petitioners allegedly pointed guns at him; a barangay tanod called the police and blocked the spouses' exit. The spouses put their guns down and were brought to the police station.
Station Commander P/Lt. Ariel Palcuto filed a complaint for "grave threats" against the Paulins and Bacho, docketed as Criminal Case No. 5204. On November 20, 1989 the commander also filed a complaint for "grave threats and oral defamation" against Mabuyo, docketed as Criminal Case No. 5213. The cases were tried jointly in the Municipal Trial Court (MTC) of Talisay, Branch IX.
On June 13, 1990 the MTC, acting on a motion of petitioners, dismissed Criminal Case No. 5204. On July 2, 1990 Mabuyo filed a motion for reconsideration; the MTC granted it by resolution dated July 3, 1990 (setting aside the dismissal). At the July 5, 1990 hearing of Case No. 5213 petitioners sought to have the July 3 resolution set aside, but the court denied that motion.
Dissatisfied, petitioners filed on July 31, 1990 a petition for certiorari, prohibition, damages, with preliminary injunction and temporary restraining order in the Regional Trial Court (RTC) of the Seventh Judicial Region, docketed Special Civil Action No. CEB-9207; it was re-raffled to RTC Branch 5 (presided by Hon. Celso M. Gimenez). By decision dated December 19, 1991 the RTC dismissed the special civil action as a prohibited...(Subscriber-Only)
Issues:
- Did the Municipal Trial Court’s June 13, 1990 dismissal of Criminal Case No. 5204 bar further proceedings by reason of the petitioners’ right against double jeopardy?
- Was the Regional Trial Court’s dismissal of the petition for certiorari and its application of the Rule on Summary Procedure proper, i.e., were motions to dismiss or a demurrer to evid...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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