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Dio vs. People

VIRGINIA DIO, PETITIONER, VS. PEOPLE OF THE PHILIPPINES AND TIMOTHY DESMOND, RESPONDENTS.

G.R. No. 208146 | 2016-06-08

DECISION
 
LEONEN, J.:
 
When a motion to quash an information is based on a defect that may be cured by amendment, courts must provide the prosecution with the opportunity to amend the information.

This resolves a Petition for Review on Certiorari[1] assailing the Court of Appeals Decision[2] dated January 8, 2013 and Resolution[3] dated July 10, 2013. The Court of Appeals reversed and set aside the Regional Trial Court Order that quashed the Informations charging petitioner Virginia Dio (Dio) with libel because these Informations failed to allege publication.[4]

Private respondent Timothy Desmond (Desmond) is the Chair...