October 2008 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions > Year 2008 > October 2008 Resolutions >
[G.R. No. 160970 : October 15, 2008] ANTONIO T. KHO VS. COURT OF APPEALS, PEOPLE OF THE PHILIPPINES AND HON. MANUEL D. VICTORIO, REGIONAL TRIAL COURT OF MAKATI CITY, BRANCH 141 :
[G.R. No. 160970 : October 15, 2008]
ANTONIO T. KHO VS. COURT OF APPEALS, PEOPLE OF THE PHILIPPINES AND HON. MANUEL D. VICTORIO, REGIONAL TRIAL COURT OF MAKATI CITY, BRANCH 141
Sirs/Mesdames:
Quoted hereunder, for your information, is a resolution of this Court dated 15 October 2008:
G.R. No. 160970 - Antonio T. Kho vs. Court of Appeals, People of the Philippines and Hon. Manuel D. Victorio, Regional trial Court of Makati City, Branch 141
On Petition for Review on Certiorari is the August 14, 2003 Decision of the Court of Appeals dismissing for lack of merit the Petition for Certiorari filed by Antonio T. Kho (petitioner) against Honorable Manuel D. Victorio (Judge Victorio) of the Regional Trial Court of Makati City, branch 141.
Congressman Moises Espinosa, Sr. (Espinosa) and members of his security detail were assassinated at the Masbate Airport. Petitioner was one of the suspects in the commission of the crimes.
After preliminary investigation of the cases, the Regional State Prosecutor found probable cause to hale petitioner, among others, into court as in fact Informations for multiple murder were filed against him et al. Petitioner thereupon filed a Petition for Review/Reinvestigation with the Department of Justice (DOJ). the DOJ denied the petition.
The Office of the President, on appeal of petitioner et al., found the appeal meritorious. It accordingly directed the filing before the RTC Makati, to which venue of the cases was transferred, "the necessary motion to dismiss" the cases against Antonio Kho et al.
The prosecution filed a Motion to Dismiss alright which the RTC Makati Branch 141, however, denied, ratiocinating that it had already acquired jurisdiction over petitioner and the prosecution had in fact commenced presenting evidence, hence the power to determine guilt already rested exclusively with the court.[1]
Petitioner thereupon filed a Motion to Quash the Informations against him which the trial court denied, as it did his Motion for Reconsideration.
Petitioner assailed, via petition for certiorari, before the Court of Appeals the denial of the Motion to Dismiss and Motion to Quash.
The Court of Appeals denied petitioner's petition, hence, the present petition before the Court which directed the elevation of the records of the cases.
Respondent, in the meantime, informed the Court that he had granted petitioner's Demurrer to Evidence, albeit a Motion for Reconsideration filed by the private prosecutor was still pending.[2]
On the Court's directive, respondent manifested that he had promulgated a decision in the cases in which the private prosecutor's Motion for Reconsideration of its order granting petitioner's Demurrer to Evidence was denied. That moots the present petition.
WHEREFORE, the petition is DISMISSED on the ground of mootness.
G.R. No. 160970 - Antonio T. Kho vs. Court of Appeals, People of the Philippines and Hon. Manuel D. Victorio, Regional trial Court of Makati City, Branch 141
On Petition for Review on Certiorari is the August 14, 2003 Decision of the Court of Appeals dismissing for lack of merit the Petition for Certiorari filed by Antonio T. Kho (petitioner) against Honorable Manuel D. Victorio (Judge Victorio) of the Regional Trial Court of Makati City, branch 141.
Congressman Moises Espinosa, Sr. (Espinosa) and members of his security detail were assassinated at the Masbate Airport. Petitioner was one of the suspects in the commission of the crimes.
After preliminary investigation of the cases, the Regional State Prosecutor found probable cause to hale petitioner, among others, into court as in fact Informations for multiple murder were filed against him et al. Petitioner thereupon filed a Petition for Review/Reinvestigation with the Department of Justice (DOJ). the DOJ denied the petition.
The Office of the President, on appeal of petitioner et al., found the appeal meritorious. It accordingly directed the filing before the RTC Makati, to which venue of the cases was transferred, "the necessary motion to dismiss" the cases against Antonio Kho et al.
The prosecution filed a Motion to Dismiss alright which the RTC Makati Branch 141, however, denied, ratiocinating that it had already acquired jurisdiction over petitioner and the prosecution had in fact commenced presenting evidence, hence the power to determine guilt already rested exclusively with the court.[1]
Petitioner thereupon filed a Motion to Quash the Informations against him which the trial court denied, as it did his Motion for Reconsideration.
Petitioner assailed, via petition for certiorari, before the Court of Appeals the denial of the Motion to Dismiss and Motion to Quash.
The Court of Appeals denied petitioner's petition, hence, the present petition before the Court which directed the elevation of the records of the cases.
Respondent, in the meantime, informed the Court that he had granted petitioner's Demurrer to Evidence, albeit a Motion for Reconsideration filed by the private prosecutor was still pending.[2]
On the Court's directive, respondent manifested that he had promulgated a decision in the cases in which the private prosecutor's Motion for Reconsideration of its order granting petitioner's Demurrer to Evidence was denied. That moots the present petition.
WHEREFORE, the petition is DISMISSED on the ground of mootness.
Very truly yours,
(Sgd.) LUDICHI YASAY-NUNAG
Clerk of Court
(Sgd.) LUDICHI YASAY-NUNAG
Clerk of Court
Endnotes:
[1] Rollo, p. 14.
[2] Id. at 320.
