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Edward T. Marcelo, Et Al. Vs. Court Of Appeals, Et Al.

EDWARD T. MARCELO, DIONILO D. MARFIL, CELIA C. CABURNAY, and DANIEL T. PASCUAL, petitioners, vs. THE COURT OF APPEALS, THE PEOPLE OF THE PHILIPPINES, HON. PEDRO T. SANTIAGO, in his capacity as The Presiding Judge of the Regional Trial Court of Quezon City, Branch 101, and THE QUEZON CITY PROSECUTOR, respondents.

G.R. No. 106695 | 1994-08-04

D E C I S I O N


DAVIDE, JR., J.:

The issue in this case is whether a pre-arraignment dismissal of a criminal case by the trial court, which relied on the reversal by the Review Committee of the Office of the City Prosecutor of the investigating prosecutor's resolution to file the information, bars the filing of a new information for the same offense after the Secretary of Justice reverse d the resolution of the review committee.

This case was originally assigned to the Third Division but was referred to the Court en banc in view of the novelty and importance of the issue.

The procedural antecedents of this case, as disclosed by the...