January 2012 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
[G.R. No. 197269 : January 24, 2012]
DAVID E. SO V. HON. DINA PESTAÑO TEVES AND NBI DIRECTOR MAGTANGGOL GATDULA
"G.R. No. 197269 (David E. So v.Hon. Dina Pestaņo Teves and NBI Director Magtanggol Gatdula).
RESOLUTION
This concerns the Petition for Issuance of the Writ of Amparo dated June 29, 2011 filed by petitioner David E. So.
On June 1, 2010, respondent Hon. Dina Pestaņo Teves of the Regional Trial Court of Makati City, Branch 142, found probable cause to issue warrants of arrest without bail against petitioner's daughter, Joanne So Villena, and six others who were charged with estafa under Article 315, par. 1 (b) of the Revised Penal Code. Since the warrants were returned unserved, alias warrants of arrest were issued on June 8, 2010. Judge Teves archived the criminal case until the apprehension of the accused.
On February 16, 2011, the Court of Appeals (CA) declared the warrants and the subsequent alias warrants null and void for having been issued with no bail recommended. The CA found probable cause for the warrants to issue but since the crime charged is not punishable by death, reclusion perpetua or life imprisonment, bail must be granted as a matter of right. The CA thus directed the RTC to fix the amount of bail preparatory to the issuance of new warrants of arrest. The CA also denied complainant's motion for reconsideration for lack of merit on June 27, 2011.
Despite the CA's rulings, the NBI still had Villena arrested on June 28, 2011 and refused to release her. Complainant assailed the correctness of the CA Decision and Resolution before this Court in a petition for review in G.R. 197474, which petition the First Division denied on August 17, 2011 after finding that the CA committed no reversible error. In the meantime, no new warrants have yet been issued under conditions compliant with the CA's directives, prompting petitioner to file the present petition for issuance of a writ of amparo, praying that the writ be issued and that his daughter be released on recognizance while the case is being deliberated and the warrants are declared void.
The Court is bound by its August 17, 2011 resolution in G.R. 197474, affirming the correctness of the CA Decision of February 16, 2011 and, therefore, finds no genuine issue to resolve in the present case. Only the enforcement of the CA's final decision remains.cralaw
WHEREFORE, the Court resolves to (a) DENY the petition for issuance of a writ of amparo, and (b) ORDER the Regional Trial Court of Makati City, Branch 142, to comply, within five days from receipt of this resolution, with the directive in the Court of Appeals Decision dated February 16, 2011 by fixing the proper amount of bail and issuing a new warrant of arrest for the accused."
Carpio, J., no part.
Brion, J., on official leave.
Very truly yours,
(Sgd.) ENRIQUETA E. VIDAL
Clerk of Court