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Sps. Bernyl & Katherine Balangauan Vs. The Hon. CA, et al.

SPOUSES BERNYL BALANGAUAN & KATHERENE BALANGAUAN, Petitioners, versus THE HONORABLE COURT OF APPEALS, SPECIAL NINETEENTH (19TH) DIVISION, CEBU CITY & THE HONGKONG AND SHANGHAI BANKING CORPORATION, LTD., Respondents.

G.R. No. 174350 | 2008-08-13

D E C I S I O N


CHICO-NAZARIO, J.:

Before Us is a Petition for Certiorari under Rule 65 of the Revised Rules of Court assailing the 28 April 2006 Decision[1] and 29 June 2006 Resolution[2] of the Court of Appeals in CA-G.R. CEB-SP No. 00068, which annulled and set aside the 6 April 2004[3] and 30 August 2004[4] Resolutions of the Department of Justice (DOJ) in I.S. No. 02-9230-I, entitled "The Hongkong and Shanghai Banking Corporation v. Katherine Balangauan, et al." The twin resolutions of the DOJ affirmed, in essence, the Resolution of the Office of the City Prosecutor,[5] Cebu City, which dismissed for lack of probable cause the...