VIVENCIO ABANO
Castelo Chan-Gonzaga Evardone Gacutan Gana Gutierrez Lopez ♡ Valdez Miclat Mercado Tan Torres Valdez ♡ Lopez Varela
PROPERTY DIGESTS (2013 – 2014) ATTY. VIVENCIO ABANO
Only respondents Cajigal and Lingan were served warrants of arrest RESOLUTIONS AND ARGUMENTS
following which they posted cash bail bonds.
Major Point 1: As all criminal actions commenced by complaint or
By Resolution of March 20, 2009, the Secretary of Justice reversed the information are prosecuted under the direction and control of public
State Prosecutor’s Resolution and directed the withdrawal of the prosecutors, the CTA’s Resolution granting State Prosecutor Lao-
Information. Tamano’s Withdrawal of the Information means that the case against
the respondents cannot anymore prosper.
Petitioner’s MR having been denied by Resolution of April 29, 2009, it In the prosecution of special laws, the exigencies of public
elevated the case by certiorari before the CA. service sometimes require the designation of special
prosecutors from different government agencies to assist the
In the meantime, Prosecutor Lao-Tamano filed before the CTA a Motion public prosecutor. This designation of special prosecutors from
to Withdraw Information with Leave of Court to which petitioner filed different government agencies, however, does not detract from
an Opposition. Respondents, on their part, moved for the dismissal of the public prosecutor having control and supervision over the
the Information. case.
The participation in the case of a private complainant, like
The CTA, by the herein assailed Resolution of September 3, 2009, petitioner, is limited to that of a witness, both in the criminal
granted the withdrawal of and dismissed the Information. and civil aspect of the case.
Petitioner’s MR filed on September 22, 2009 was Noted Without Action Major Point 2: Petitioner is not represented by the Office of the Solicitor
by the CTA by Resolution: General (OSG) in instituting the present petition.
This contravenes the doctrine that "the OSG shall represent the
Considering that an Entry of Judgment was already issued in this case on Government of the Philippines, its agencies and
September 23, 2009, no MR of the Resolution dated September 3, 2009 instrumentalities and its officials and agents in any litigation,
having been filed by State Prosecutor Lao-Tamano of the DOJ; the "MR proceeding, investigation, or matter requiring the services of
of the Resolution dated 3 September 2009" filed on September 22, 2009 lawyers."
by Atty. Christopher F.C. Bolastig of the Bureau of Customs is NOTED, Petitioner’s MR of the challenged CTA Resolution did not bear
without action. the imprimatur of the public prosecutor to which the control of
the prosecution of the case belongs. Hence, the present
Hence, petitioner’s present petition for certiorari. petition fails.
Castelo Chan-Gonzaga Evardone Gacutan Gana Gutierrez Lopez ♡ Valdez Miclat Mercado Tan Torres Valdez ♡ Lopez Varela