The determination of the case is within the trial court's exclusive jurisdiction and competence. 14 It reasoned that once a complaint or Information is filed in court, any disposition of the case rests in the sound discretion of the court. In its FebruOrder, the RTC denied respondent's Motion to Suspend Proceedings and to Hold in Abeyance Issuance of Warrant of Arrest. Laurente (SACP Laurente) as Acting Prosecutor of Pasig City to resolve with finality IS No. 173 designating Senior Assistant City Prosecutor Josefa D. On January 24, 2014, Justice Secretary Leila de Lima issued Department Order No. XV-14-INV-13F-02337 to the Department of Justice (DOJ) for further proceedings and inhibited himself from resolving the Motion for Reconsideration. Ang issued a 1st Indorsement dated 18 December 2013 forwarding the entire record of IS No. Meanwhile, Pasig City Prosecutor Jacinto G. On November 29, 2013, respondent filed a Motion to Suspend Proceedings and to Hold in Abeyance Issuance of Warrant of Arrest before the RTC. On even date, respondent filed an Initial Urgent Ex-Parte Motion for Reconsideration and a Main Motion for Reconsideration with Motion to Disqualify ACP Oribe before the OCP-Pasig City. XV-14-INV-13F-02337 and docketed the same as Criminal Case No. On November 27, 2013, the Regional Trial Court, Criminal Case Unit received the Information for IS No. 8353, also known as the "The Anti-Rape Law of 1997," in relation to Section 5(a) of R.A. 266-A(d) of the Revised Penal Code, as amended by Republic Act (R.A.) No. On November 12, 2013, ACP Oribe issued a Resolution finding probable cause against respondent and recommending the filing of an Information for Statutory Rape under Art. 8 This motion was denied in a Resolution dated September 30, 2013. Later on, he filed a supplemental Motion to Reiterate Petition for Suspension on the Ground of Prejudicial Question. On the strength of this civil case, respondent filed a Petition for Suspension on the Ground of Prejudicial Question before ACP Oribe. On August 16, 2013, respondent instituted a civil complaint for damages against AAA and her mother. 6Įventually, respondent executed his Counter-Affidavit on July 30, 2013. Oribe (ACP Oribe) as Investigating Prosecutor for preliminary investigation. XV-14-INV-13F-02337 and assigned to Assistant City Prosecutor Pedro M. Goyala, Jr., (respondent) of statutory rape.Īfter due endorsement to the Office of the City Prosecutor of Pasig City (OCP-Pasig City), the complaint was docketed as IS No. Mones of the Pasig City Police accusing Adolfo A. In doing so, the CA ordered the RTC to (a) hold in abeyance further proceedings in said case and remand the same to the prosecution for purposes of completing the preliminary investigation (b) revoke the implementation of the Warrant of Arrest and (c) continue the proceedings only after the finality of the preliminary investigation and after proper endorsement.ĪAA, 5 a minor, executed with the assistance of her mother a sworn statement dated Jbefore Police Inspector Ernesto A. 134674 whereby the appellate court reversed and set aside the Orders dated Febru3 and Ma4 of the Regional Trial Court, Pasig City, Branch 159 (RTC) in Criminal Case No. This appeal by certiorari challenges the Decision 1 and Resolution 2 promulgated by the Court of Appeals (CA) on Septemand May 5, 2016, respectively, in CA-G.R. PEOPLE OF THE PHILIPPINES, PETITIONER, VS.
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