Case Digest (G.R. No. 174570)
Facts:
The case is Romer Sy Tan v. Sy Tiong Gue, et al., G.R. No. 174570, December 15, 2010, Special Third Division, Peralta, J., writing for the Court. Petitioner Romer Sy Tan had earlier secured a February 17, 2010 decision of this Court granting his petition in G.R. No. 174570, which reversed the Court of Appeals in CA-G.R. SP No. 81389, reinstated the Orders of the RTC dated September 1 and October 28, 2003, and sustained the validity of Search Warrant Nos. 03-3611 and 03-3612.On March 22, 2010, respondents Sy Tiong Gue, Felicidad Chan Sy, Sy Chim, Sy Tiong San, Sy Yu Bun, Sy Yu Shiong, Sy Yu San, and Bryan Sy Lim filed a Motion for Reconsideration informing the Court that, belatedly, the Regional Trial Court (RTC) had granted their motion to withdraw the Information in Criminal Case No. 06-241375 and praying that the Court’s February 17 decision be set aside as moot and academic given the dismissal of the criminal case.
Petitioner filed a Comment on July 7, 2010, contending respondents merely repeated prior claims and asserting he had filed a Complaint for Qualified Theft with the City Prosecutor of Manila and that the items seized pursuant to the search warrants would be used as evidence if an Information were filed. Respondents filed a Reply on August 6, 2010.
Pursuant to the Court’s September 8, 2010 directive, respondents submitted on October 22, 2010 a certified true copy of the RTC Order dated November 14, 2008 granting the motion to withdraw the Information. The RTC had relied on the Amended Decision of the Court of Appeals in CA-G.R. SP No. 90368 (Amended Decision dated August 26/29, 2006), which found absence of the element of unlawful taking and thus lack of probable cause for robbery, and on this Court’s Resolution in G.R. No. 177829 (Sy Siy Ho & SONA, Inc. v. Sy Tiong Gui, et al.) dated November 12, 2007. The RTC granted the motion to withdraw the Information and dismissed the case without prejudice.
Given the withdrawal of the Information and the RTC’s dismissal, the Court found that the issue whether probable cause existed to su...(Pro-only)
Issues:
- Is the respondents’ Motion for Reconsideration, based on the RTC’s withdrawal of the Information and dismissal of Criminal Case No. 06-241375, sufficient to render the Court’s February 17, 2010 decision moot and academic and require its reconsideration?
- May petitioner use the items seized pursuant to Search Warrant Nos. 03-3611 and 03-3612 as evidence in a subsequently filed Information for Qualified Theft arising from the same incident?
- Does the RTC’s withdrawal of the Information grounded on appellate and Supreme Court findings that the essential element of unlawful taking was absent bar filing of offenses n...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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