Philippine Supreme Court Resolutions

"G.R. No. 197269 (David E. So v. Hon. Dina Pestaño 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 that the Court acted on in its Resolution dated January 24, 2012.

In that Resolution, the Court denied the petition for issuance of a writ of amparo and ordered the Regional Trial Court (RTC) of Makati City, Branch 142, to comply with the Court of Appeals (CA) Decision dated February 16, 2011 that set aside the RTC Order of June 1, 2010 directing the issuance of warrants of arrest with no bail recommended, declared null and void the warrants issued pursuant to the RTC Order, and directed the RTC to fix the proper amount of bail and issue a new warrant of arrest for the accused. The Court based its action on the August 17, 2011 Resolution in G.R. 197474 that affirmed the correctness of the CA Decision and denied the petition for review of the said CA decision, filed by private complainant Ma. Agnes T. Huibonhoa. However, it has come to the attention of the Court that Huibonhoa filed a motion for reconsideration of the August 17, 2011 resolution which the Court granted on December 14, 2011 reinstating the petition and directing the respondents therein to file their comment.

Hence the petition in G.R. 197474 assailing the correctness of the CA. Decision dated February 16, 2011 is still pending and cannot yet be enforced. In the meantime, the RTC Order of June 1, 2010 and the warrants of arrest issued pursuant to the Order still stand, and the arrest of Joanne So Villena pursuant to the warrants of arrest is lawful. Consequently, there are no sufficient grounds for the Court to grant the petition for amparo. cralaw

WHEREFORE, the Court resolves to RECALL  the Resolution dated January 24, 2012 and to DENY the petition for issuance of a writ of amparo.

The Court further resolves to NOTE the Letter dated February 7, 2012 of Atty. Cecilio N. Tobillo, Clerk of Court, Regional Trial Court, Branch 142, Makati City."

Carpio, J., no part.
Perlas-Bernabe, J., on official leave.

Very truly yours,

ENRIQUETA E. VIDAL
Clerk of Court

By:

(Sgd.) FELIPA B. ANAMA
  Deputy Clerk of Court En Banc