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Arnold Vegafria Vs. Catalino Castaneda, Jr., Et Al.

ARNOLD VEGAFRIA, petitioner, vs. JUDGE CATALINO CASTANEDA, JR., Presiding Judge, Br. 17, RTC, Manila, RONILO A. AZARRAGA, Asst. City Prosecutor of Manila, and CARLOS V. DE GUZMAN, respondents.

G.R. No. 106522 | 1992-10-23

R E S O L U T I O N


BELLOSILLO, J.:

The legal consequence of the provisional dismissal of a criminal case, based on an Affidavit of Desistance executed by the complaining witness, is the crux of this petition for certiorari and prohibition.

On 27 May 1991, an Information charging petitioner Arnold Vegafria with violation of B.P. 22 was filed before the Regional Trial Court of Manila, docketed as Crim. Case No. 91-95052, 1 and subsequently raffled to Branch 17 presided by respondent Judge Catalino CastaƱeda, Jr.

On 4 December 1991, on the basis of an Affidavit of Desistance executed by private respondent Carlos V. De Guzman, the complaining...