G.R. No. 177727 - Tamargo vs. Awingan

On August 15, 2003 at around 5:15 p.m., Atty. Franklin V. Tamargo and his eight-year-old daughter, Gail Franzielle, were shot dead along Nueva Street corner Escolta Street, Binondo, Manila.
No leads surfaced until Reynaldo Geron executed an affidavit dated September 12, 2003, stating that Lucio Columna admitted during a drinking spree that respondent Lloyd Antiporda ordered the killing and that Columna was one of the shooters.

Investigating Prosecutor Bernardino R. Camba found probable cause against Columna and three John Does on December 5, 2003; informations for murder were filed February 2, 2004 in RTC Manila, Branches 27 and 29.
Columna was arrested February 17, 2004. On March 8, 2004 he executed an affidavit confessing his role as “look-out,” implicating respondent Romulo Awingan as the gunman, Richard Mecate as accomplice, and respondents Licerio and Lloyd Antiporda as masterminds.

On April 19, 2004, Columna affirmed his March 8 affidavit during a clarificatory hearing before the investigating prosecutor.
Respondents denied involvement, alleging political motivation—Atty. Tamargo was a rival in Buguey mayoral elections and had filed cases against Lloyd and Licerio Antiporda.

Columna sent a handwritten letter dated May 3, 2004 and executed an affidavit on May 25, 2004 recanting his March 8 statements, claiming torture. He affirmed the recantation at an October 22, 2004 hearing.
Investigating prosecutor recommended dismissal November 10, 2004; City Prosecutor approved. On appeal, DOJ Secretary Gonzalez reversed dismissal May 30, 2005 and ordered filing of the informations, but later granted respondents’ motion for reconsideration and directed withdrawal of the informations on August 12, 2005.

RTC Manila, Branch 27 initially granted the withdrawal of the informations October 26, 2005. The case was re-raffled to Branch 19, Judge Zenaida Daguna, who on December 9, 2005 denied withdrawal, finding probable cause.
Respondents filed certiorari petitions in the Court of Appeals (CA-G.R. SP No. 93610 and No. 94188). The CA, in a decision dated November 10, 2006 (denied reconsideration May 18, 2007), ruled that Judge Daguna gravely abused discretion, consolidated the cases, and again upheld that there was no probable cause.

Whether the Court of Appeals erred in finding that Judge Daguna committed grave abuse of discretion in denying the withdrawal of the Informations for murder against the respondents.