Case Digest (G.R. No. 71178)
Facts:
Mila P. Tolentino v. Hon. Teodoro G. Bonifacio, G.R. No. 71178, October 18, 1985, Supreme Court Second Division, Abad Santos, J., writing for the Court.Petitioner Mila P. Tolentino (joined by Roberto P. Tolentino in the lower proceedings) was accused of falsification of public document in Criminal Case No. TG-1017-84 pending before the Regional Trial Court of Tagaytay City, presided over by respondent judge Hon. Teodoro G. Bonifacio. Before arraignment, petitioner filed a petition for review with the Ministry of Justice and concomitantly moved in the trial court to suspend further proceedings "during the pendency of the PETITION FOR REVIEW."
The respondent judge required the Tagaytay City Fiscal to comment. The Fiscal answered that he interposed no objection because he had received the Ministry of Justice's first indorsement dated 25 January 1985 giving due course to petitioner's petition for review, instructing that court proceedings be deferred until after resolution of the petition, and that the case records had been transmitted to the Ministry. Notwithstanding the Fiscal’s posture and the indorsement, the respondent judge denied the motion to suspend proceedings by order of February 20, 1985, on the ground that the City Fiscal had reinvestigated the case and that "speedy trial is also for the prosecution."
Petitioner then filed a petition for certiorari before the Supreme Court to annul the respondent judge's order, alleging grave abuse of discretion in proceeding with...(Pro-only)
Issues:
- Did the respondent judge commit grave abuse of discretion in denying the motion to suspend proceedings pending the Ministry of Justice's resolution of the petition for review?
- Should the trial court be enjoined from proceeding with the criminal trial until the Ministry of Justice resolves th...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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