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PEOPLE, Sec. of Justice, Dir Gen of PNP, et al vs Panfilo Lacson [ DISSENTING OPINION, PUNO, J. ]

PEOPLE OF THE PHILIPPINES, THE SECRETARY OF JUSTICE, DIRECTOR GENERAL OF THE PHILIPPINE NATIONAL POLICE, CHIEF STATE PROSECUTOR JOVENCITO ZU?O, STATE PROSECUTORS PETER L. ONG and RUBEN A. ZACARIAS; 2ND ASSISTANT CITY PROSECUTOR CONRADO M. JAMOLIN and CITY PROSECUTOR OF QUEZON CITY CLARO ARELLANO, petitioners, vs. PANFILO M. LACSON, respondent.

G.R. No. 149453 | 2003-04-01

DISSENTING OPINION

PUNO, J.:

I
PRECIS

Our Resolution of May 28, 2002 was the result of a long and exhaustive, nay, exhausting discussion of the meaning of section 8, Rule 117 of the Revised Rules of Criminal Procedure. As summed up in the new ponencia of Mr. Justice Callejo, the Court ruled that section 8, Rule 117 is applicable to the case at bar. Nonetheless evidence has to be adduced by the parties to prove certain facts which shall determine whether said section can be beneficially invoked by respondent Lacson. These vital facts, to quote the new ponencia, are (1) whether the provisional dismissal of the cases had the express consent of...