Back

Ledesma vs. Court of Appeals

RHODORA M. LEDESMA, petitioner vs. COURT OF APPEALS and HON. MAXIMIANO C. ASUNCION, in his capacity as Presiding Judge of RTC, Quezon City, respondents.

G.R. No. 113216 | 1997-09-05

Republic of the Philippines
SUPREME COURT
Manila
 
THIRD DIVISION
 
D E C I S I O N
 
 
PANGANIBAN, J.:
 
When confronted with a motion to withdraw an information on the ground of lack of probable cause based on a resolution of the secretary of justice, the bounden duty of the trial court is to make an independent assessment of the merits of such motion. Having acquired jurisdiction over the case, the trial court is not bound by such resolution but is required to evaluate it before proceeding further with the trial. While the secretary's ruling is persuasive, it is not binding on courts. A trial court, however,...