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Joey Potot vs PEOPLE and Lolito Dapulag

JOEY POTOT y SURIO, petitioner, vs. PEOPLE OF THE PHILIPPINES and LOLITO DAPULAG, respondents.

G.R. No. 143547 | 2002-06-26

D E C I S I O N

SANDOVAL-GUTIERREZ, J.:

After the accused has filed with the trial court a manifestation that he is not appealing its Decision convicting him of homicide and that he is ready to serve his sentence, can the same court, upon motion by the private complainant with the conformity of the public prosecutor, set aside the said judgment and remand the records of the case to the Office of the Provincial Prosecutor for re-evaluation of the evidence and the filing of the corresponding charge? This is the issue raised in the instant petition for review on certiorari.

Joey S. Potot, petitioner, was charged with homicide in Criminal...