February 2012 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
[G.R. No. 199292 : February 01, 2012]
LEONARDO A. AURELIO VS. BUN SIONG YAO, MARIA VICTORIA L. YAO AND REYNALDO TAY
G.R. No. 199292 (Leonardo A. Aurelio vs. Bun Siong Yao, Maria Victoria L. Yao and Reynaldo Tay)
RESOLUTION
After a perusal of the records, the Court resolves to deny the petition for failure to show that the Court of Appeals committed reversible error in sustaining the finding of lack of probable cause for estafa and estafa through falsification of commercial documents. In the absence of grave abuse of discretion on the part of the public prosecutor, as in this case, courts will not interfere with his findings.
Contrary to petitioner's assertions, Section 14, Article VIII of the Constitution, requiring a statement of the facts and the law upon which a decision is based, does not extend to resolutions issued by the Department of Justice (DOJ) which is not a quasi-judicial body.[1] Moreover, under Section 7 of DOJ Department Circular No. 70, the DOJ Secretary may dismiss outright a petition for review of the prosecutor's resolution for being patently without merit.
SO ORDERED.
Very truly yours,
(Sgd.) LUCITA ABJELINA-SORIANO
Division Clerk of Court
Endnotes:
[1] Odchigue-Bondoc v. Tan, G.R. No. 186652, October 6, 2010.