G.R. No. 176111 - CAROLINA B. JOSE, VS. PURITA SUAREZ.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE , the assailed resolution is hereby REVERSED and SET ASIDE . The City Prosecutor of Cebu City is directed to move for the withdrawal of the information(s) for estafa against respondent Purita M. Suarez, if any has been filed against her, and to report the action taken hereon within ten (10) days from receipt hereof. SO ORDERED . [17] Carolina moved for reconsideration [18] but was denied in a Resolution [19] dated October 27, 2005. Ruling of the Regional Trial Court Thus, pursuant to the DOJs directive, City Prosecutor Nicolas C. Sellon moved for the withdrawal of the Information [20] before the RTC. However, the RTC, in its December 9, 2005 Order, [21] denied the motion in this wise: Acting on the Motion to Resolve Motion to Withdraw Information[] dated July 13, 2005, and finding it to be unmeritorious, the Court resolves to deny the motion. SO ORDERED.